Domestic violence is a serious issue affecting individuals and families across the United States, including Nebraska. The consequences of a domestic violence charge can be devastating, both emotionally and legally. If you find yourself or someone you know facing domestic violence charges in Nebraska, it is crucial to understand the laws, potential penalties, and available legal options. Below are the key aspects of domestic violence charges in Nebraska and valuable insights to help you navigate through this challenging situation.
Defining Domestic Violence in Nebraska
Under Nebraska law, domestic violence, legally known as domestic assault, refers to any act of physical, verbal, emotional, or sexual abuse committed against a household or family member. The term “household or family member” includes current or former spouses, individuals who share a child, people related by blood or marriage, individuals who are dating or have dated, and individuals residing together as roommates. The law recognizes that domestic violence can occur within various types of relationships.
Understanding Domestic Violence Charges
Domestic violence charges in Nebraska can range from misdemeanors to felonies, depending on the severity of the offense. The specific charge and potential penalties will be determined by factors such as the nature of the act, the extent of harm caused, any prior convictions, and the victim’s age and vulnerability.
Domestic Violence in the Third Degree
Domestic violence in the third degree in Nebraska is defined as intentionally or knowingly causing physical injury to an intimate partner, threatening an intimate partner with imminent physical injury, or threatening an intimate partner in a menacing manner. In Nebraska, this is a class one misdemeanor that can hold one year in jail and a fine of up to $1000. Subsequent third-degree violations can result in felony charges.
Domestic Violence in the Second Degree
Second-degree domestic violence in Nebraska occurs when an unlawful actor uses a dangerous instrument to intentionally or knowingly cause bodily injury to an intimate partner. This charge carries a $10,000 fine, up to three years imprisonment as a class IIIA felony. Subsequent offenses are subject to 20 years imprisonment and a class IIA felony.
Domestic Violence in the First Degree
First-degree domestic violence in Nebraska is classified as a class IIA felony and involves an offender intentionally and knowingly causing serious bodily injury to their intimate partner. This charge carries up to 20 years in prison and subsequent violations increase to a class II felony with 1-50 years in prison.
Domestic Violence Protection Orders in Nebraska
A domestic violence protection order, also known as a restraining order, is a court-issued directive aimed at preventing further abuse of domestic violence victims.
Obtaining a Protection Order in Nebraska
To obtain a protection order in Nebraska, you must file a petition with the court to prove you are a victim of domestic abuse. The courts will typically issue a temporary order while waiting for a hearing to determine if the protection order should be permanent.
Defending a Domestic Protection Order
If you find yourself accused of domestic violence and have received a temporary restraining order, it is crucial to take immediate action. You have the right to request a hearing to determine whether the order should be made permanent. It is of utmost importance to reach out to an experienced legal team to protect your rights.
Working With A Domestic Violence Defense Attorney
Nebraska Defense Group will work diligently to develop a comprehensive defense strategy or explore the possibility of reaching a mutually beneficial agreement with the other party prior to the scheduled hearing. Your rights and interests are our top priority, and we are here to guide you through this challenging process. Fill out a free case evaluation online or call Nebraska Defense Group at 531-233-5034 today.