Posts tagged "Protection Orders and Domestic Violence"
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.
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.
As this blog has discussed on previous occasions, victims of physical abuse have the option of obtaining a protection order from a court in Nebraska that can help protect both them and their children. This is of course important when abuse has actually occurred.
To continue our discussion of the different types of protection orders available in Nebraska, a protection order for domestic abuse may well be the type of protection order that is most widely known to Omaha residents.
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.