Posts tagged "Protection Orders and Domestic Violence"
It's hard to manage the fallout when a protection order shows up in the mail or at the door. A lot of emotions may surface, as these orders are often filed by people who were very close to us in life. But these are serious legal documents and they should be taken seriously.
If you are served with a protection order, you probably have a lot of questions right away. Unfortunately, the officer who shows the order for the first time is rarely the person to ask. It may make the most sense to give these questions to a lawyer who can help represent your interests.
Domestic protection orders serve an important purpose. When one person in a relationship is worried about his or her safety, they're really necessary. But these orders often require people to change their lifestyles to make sure the order is respected. When a motion like this results in a change to residence or child custody, a person may feel the need to dispute it.
It is one of the most difficult things in life for a person to bring an accusation of violence against someone. It is also very difficult to defend oneself against these sorts of charges. Legal representation is always a helpful aid in either situation as the court system works through these issues.
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.
To answer this question, we must first define the term "domestic violence" as it is defined by Nebraska courts. First-degree domestic assault takes place when one partner causes serious bodily injury to another. Second-degree domestic assault occurs when bodily harm is caused with a dangerous instrument such as a knife. Finally, third-degree domestic assault has taken place when bodily harm occurs that is not serious in nature, or one party is threatening the other with such harm. Both first and second degree charges are considered felonies. Third degree in the first instance is a misdemeanor, but becomes a felony when it occurs subsequent times.
When served with paperwork for an order of protection, or even if he is trying to obtain an order of protection for himself, it may be a daunting prospect to an Omaha man to think about having to go to a court for hearing.
An Omaha man who gets served with a protection order should resist every temptation to take the matter lightly. It sometimes seem to them that a protection order can be kept private so long as it is followed. In fact, though, an entry of a protective order against him is an official action of a court that is kept as a matter of public record.
A previous post talked about how men in Omaha can face serious consequences if they have a protection order entered against them. These consequences can include losing the right to possess a firearm, being evicted from one's home and other penalties beyond just being ordered to stay away from the alleged victim.
As this blog has discussed before, if a man in Omaha receives a domestic abuse protection order, he should consider taking appropriate legal action to defend himself. In addition to limiting his movement and his ability to contact his spouse or significant other, even if she has custody of his children, many of his other rights may also be affected.