Domestic assault charges can be very serious and have a severe impact on your life. Depending on the degree of injuries and whether you have prior convictions, a Nebraska domestic violence lawyer may be necessary for your defense. Domestic violence is not only a crime between intimate partners but can also occur between parents and children, siblings, roommates, and other household members.
Defending Your Rights
In Nebraska, domestic violence encompasses any physical, emotional, or sexual abuse perpetrated against a household or family member. This includes current and former spouses, individuals related by blood or marriage, people living together as roommates, and dating partners. Domestic violence offenses can range from misdemeanors to felonies. Clients may contact a Nebraska domestic violence lawyer for advice. A criminal defense attorney with experience in these cases can help clients avoid harsh punishments and other consequences that could follow a conviction. A lawyer could also help a victim obtain a restraining order against their abuser. Similar to a no-contact order, such charges can keep an offender away from the person and protect their property. They could also provide insight into how domestic violence allegations can affect other issues, such as child custody and support. An attorney must determine whether the accused acted in self-defense or if their intimate partner made false accusations out of anger or revenge. Those are just two of the many possible defenses to a charge of domestic violence in Nebraska.
Obtaining a Restraining Order
A restraining order is a legal document restricting certain types of contact between people. It is a common way for victims of violence and harassment to seek safety and help from alleged abusers. A victim can file a petition and affidavit for a protection order with the district court clerk. A judge must approve the application before it becomes effective. The judge must be convinced that there is sufficient evidence to warrant the order and that it will ensure a victim’s safety. This typically includes evidence such as statements from friends and family members, digital communication records (such as text messages and emails), and photographs. Some states have laws that allow a victim to obtain a restraining order even if the alleged abuser lives in another state. These are called laws of personal jurisdiction. The alleged victim must be able to show that one of the acts of domestic abuse occurred in their state.
Defending Against a No-Contact Order
An experienced Nebraska domestic violence lawyer can help defend against a no-contact order. Defending against a no-contact charge requires evidence and arguments. An attorney can ensure the accused person receives a fair trial and the right to protect themselves against allegations of violence or harassment. A no-contact order is a legal order that prohibits the defendant from contacting the petitioner in any way, either directly or indirectly. This includes visiting their home, workplace, or school. Depending on the case’s specifics, the order may prohibit the defendant from possessing firearms or other weapons. Suppose the case involves domestic abuse, whether criminal or civil. In that case, the allegations can have a significant impact on the defendant’s life, particularly when it comes to custody issues if the defendant has children. Ultimately, when making a decision, a judge will consider the facts of the case. In addition, a conviction of a domestic assault can lead to prison time. It is important to consult a domestic assault defense attorney as soon as possible.
Defending Against a Criminal Charge
Domestic violence charges can carry serious repercussions, including jail time and fines. A knowledgeable Nebraska domestic violence lawyer will carefully examine the details of your case and help you mount a solid defense. The State of Nebraska defines domestic assault as a violent act between two people with whom the perpetrator has a relationship. This may include husbands, wives, partners, parents and children, siblings, roommates, and significant others. A third-degree felony domestic assault charge in Nebraska includes causing bodily injury to an intimate partner or menacing the person with such an action. The penalty for this offense is up to one year in prison and a $1,000 fine. A convicted criminal record of domestic assault will negatively impact your career, personal reputation, and freedom. A domestic violence attorney can help you fight the charges, minimize damage to your life, and protect your rights. Many women are victimized by acts of domestic violence that can leave them with lasting emotional, psychological, and financial trauma. There are several organizations dedicated to assisting women with legal assistance and counseling.