Sometimes a divorce in Nebraska can be very contentious. Sometimes the arguing goes beyond mere words and one party might accuse the other of physically harming or harassing them. Even if those accusations are false, it is not unknown for a person to try to pursue a protection order in order to gain an unfair advantage in the divorce.
A protection order is issued by a judge when a person has been accused of abusing, sexually assaulting or harassing another person. What type of order is issued depends on the relationship between the accused and the person seeking the order and the type of behavior reportedly at issue.
A judge will sign a protection order “ex parte.” This means that no notice will be given to the accused prior to executing the order and there will not be a hearing before executing the order. The order becomes effective once a judge signs it and the sheriff provides a copy of the order to the accused.
After receiving the order, the accused has five days to request in writing that the court hold a hearing. This request must be filed with the district court clerk. At the hearing, both the petitioner and the accused will be given an opportunity to tell their side of the story before a judge.
If a hearing is requested, the protection order is effective until the judge decides to either cancel it or have it stay effective for 12 months. If the accused does not request a hearing, the order will be effective for 12 months. Certain types of protective orders can be renewed for 12 months each year under certain circumstances.
As you can see, protective orders can last a long time. Protective orders can affect a person’s child custody rights, where the accused can live and whether the accused can own a firearm as well as prevent the accused from contacting the person who sought the order. Therefore, those facing false accusations of domestic abuse will want to make sure they take the steps necessary to protect themselves if they find themselves facing a protective order.