There are two primary kinds of protective orders, so it’s important that Omaha residents consider what kind they need before they apply. One is a Domestic Abuse Protection Order and the other is a Harassment Protection Order.
A Domestic Abuse Protection Order is for people who were abused by someone that is close to them — like an ex-boyfriend or ex-spouse, a current boyfriend or current spouse, a family member or a roommate. A Harassment Protection Order doesn’t depend on being in close relationship with the abuser.
For a Domestic Abuse Protection Order, close relations need to show proof of an attempt, threat, bodily injury or frightening intimidation committed a close relation. Showing that sexual penetration or contact happened without consent is also sufficient. For a Harassment Protection Order, applicants need to show proof of seriously terrifying, threatening or intimidating contact by the person. It helps to write down the times, dates and descriptions of each incident so that judges can make their determinations as easily as possible in these matters.
Protective orders are important because they offer victims of different kinds of violence, abuse and intimidation a sense of safety. Individuals who want to avoid being arrested by police will keep their distance from the person being protected and adhere to the protective order’s terms. Still, it may not be enough to deter all would-be abusers.
Omaha residents living in fear of abuse or other frightening behavior being committed against them are well advised to seek legal help in filing for a protective order. That said, sometimes protective orders are filed inappropriately and accuse someone of domestic violence or abuse when they did not in fact commit it. Those inappropriately accused in a protective order may also want to seek legal assistance to defend against a protective order in court.
Source: KNOP, “How to obtain an order of protection,” accessed Jan. 19, 2017