Dads have Rights Too

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  4.  » Types of protection orders: sexual assault

A previous post on this blog talked about harassment protection orders in Nebraska and what Omaha men can do if they are served with such an order. As mentioned in that previous post, a harassment protection order is just one of the three types of protection orders a Douglas County court may issue, either with, or, under certain circumstances, even without notice.

Another type of protection order is called a sexual assault protection order. In many ways, a sexual assault protection order works the same way as a harassment protection order in that the court can require the alleged perpetrator of a sexual assault to have no contact with the alleged victim. If the order is violated, then the perpetrator can face a criminal charge even if the facts underlying the order turn out to be untrue.

Also, like a harassment protection order, anyone can pursue a sexual assault protection order against anyone else. In other words, one need not have been in a relationship to be the target of a sexual assault protection order.

Perhaps more importantly, the decision to grant a sexual assault protection order is not the same as a decision in a criminal case, meaning a judge deciding whether to issue the order does not have to believe beyond a reasonable doubt that a sexual assault occurred.

It should also be noted that the type of behavior that can lead to an order is fairly broad. While there is a definition of sexual assault in play, it includes just about any unwanted romantic touching or even any attempt to engage in such behavior.

A man who is the subject of a sexual assault protection order needs to remember that such matters are not necessarily going to be private. For a lot of reasons, he may want to seek the legal help of an attorney who has experience defending against protective orders should he be on the receiving end of a sexual assault protection order.