When protection orders are abused
The state of Nebraska is concerned with protecting the victims of abuse, and it seeks to stop any situations of abuse immediately. In fact, the state is so concerned that it will usually take the side of those who claim to be victims and bar the other parent from having contact with that person based on little information beyond he-said-she-said accounts.
In a lot of circumstances, it's good that Nebraska protects the victims of abuse so proactively. However, not all claims of abuse are true and honest. Sometimes, a spouse will make an abuse claim just to have an advantage during divorce, child custody or paternity proceedings. They will sometimes make false allegations to get what they want in court, and this can result in the issuing of an inappropriate and unnecessary protective order against a completely innocent parent.
A protection order can be used by one parent to get the other parent removed from his or her home, and it can also be used to prevent the other parent from having access to his or her children. For this reason, protective orders are serious and they need to be acted upon immediately in a legally appropriate manner.
At the Law Office of James A. Adams, PC, LLO, we know that protection orders play an important role to keep parents and children safe from their abusers, and we'd like to honor their important role in the legal system for that reason. However, the dishonest use of protection orders described above is deplorable and it undermines this way of keeping children and families safe. If you've been inappropriately issued a protection order, our law firm is available to help.