Omaha Protective and Restraining Order Attorney
Your home should be a place where you feel safe and comfortable. Unfortunately, this is not the case in every situation. Many people live in homes where a partner, parent, sibling, roommate, or other intimate relation wishes to cause them physical, emotional, mental, or sexual harm. These situations are those of domestic violence, and the way out of them can feel confusing or even impossible.
If you are in a dangerous or volatile home situation, it is important to know that you have options. The law has standards and procedures aimed at protecting you and ensuring that you have a safe place to live. Although the path to obtaining a safe home may feel daunting, there are people who can help you take steps toward a safer future.
One of the best ways to protect yourself in the immediate and long terms is through a protective order. With the help of an attorney, you can obtain an abuse protective order and stop your abuser from causing any more harm to you and your family.
Stange Law Firm: Your Omaha Protective Order Attorneys
Our team has been working in family law and domestic violence law for many years on Omaha, NE. We understand how the laws work and the ways in which they protect and fail to protect individuals. With this understanding, we can help you obtain the proper protections to keep yourself safe from further harm. Although this may not be an easy process, we are here to support you and act as a safe resource during this time.
Although we will always be compassionate and gentle toward our protective order clients, we have no patience for abuse. We will fight zealously in court to ensure that your abuser is held accountable for their actions and is unable to harm you again, if that is your wish. No matter what situation you are in, we will work with you to ensure that the law makes you feel safe and protected once again.
No other Nebraska law firm can provide you with the same level of expertise as Stange Law Firm. We are your premiere resource for restraining orders of all kinds.
What Is a Protective Order?
A protective order, or restraining order, is a legal document that states that an abuser cannot come into contact with the person that they have been hurting. A restraining order will force the abuser to follow certain guidelines or be put in jail or prison. If you have a restraining order against someone, they cannot:
- Go to any places that you frequent, such as your home, work, school, local grocery store, etc.
- Contact you in any matter, including via text, call, message, or internet platform. There must be no contact whatsoever.
- Possess a firearm
- Threaten you
The judge may offer additional protections if they believe it is appropriate in your case.
People file for protective orders for many reasons, and domestic violence protection is just one of them. An individual may file a protective order for harassment, stalking, or other similar behaviors. If you feel unsafe because of someone’s actions, you may be able to get a restraining order to help you feel safe again.
Why Do I Need a Protective Order Attorney?
Protective orders are key to ensuring your safety and comfort if you are being abused, harassed, or otherwise negatively treated. However, filing for one can be intimidating, and it is easy to make mistakes during the process. Although an attorney is not required, it is helpful to have one to ensure that you are navigating the process correctly. This means that you have protections faster, and they are more airtight in the eyes of the law.
Protective orders may not stand alone. Some people need to explore divorce, custody, and other matters once they are protected from their abuser. This is especially true for individuals in domestic violence situations who may have legal rights over the same property, custody of the same children, and other shared aspects that need to be separated.
When you work with an attorney from Stange Law Firm for your protective order process, you have the advantage of our help with any other family law case you have. Our wide range of experience gives us the resources to help you throughout your protective order case as well as any resulting cases that need legal attention.
Types of Protective Orders
There are several types of protective orders that can protect individuals in a variety of situations. It is important to know your options so that you can obtain the proper restraining order for your unique situation.
Domestic Violence Protective Orders
Domestic violence protective orders protect individuals who are either family members or who live in the same home. In these situations, the person who is accused of committing abuse is usually forced to leave, even if they own the home. The person filing the protective order has the right to remain in the home. The abuser must either cause direct harm or threaten to cause direct harm to warrant a protective order.
Harassment Protective Order
Not all types of violence occur between members of the same household. If someone is stalking you, following you, holding you hostage, or repeatedly trying to contact you, a harassment protective order may be warranted. You can create a harassment protective order against someone you know or a stranger.
Sexual Assault Protective Order
A restraining order against someone who has sexually abused or harassed you is considered a sexual assault protective order. This can be any type of sexual abuse, including assault in any degree, rape, attempted rape, pedophilia, etc. You can take out a protective order against anyone who is sexually abusing or attempting to sexually abuse you, regardless of your relationship with them.
If you are being harassed, abused, intimidated, or hurt in any way by anyone, you can explore getting a restraining order or protective order against them. This can facilitate peace of mind and a better future for you.
Length of Protective Orders
In an emergency situation, you can usually get a temporary restraining order to keep your abuser at bay for a short amount of time. Although this is not a permanent measure, it can give you the protection and space that you need to make more permanent arrangements.
A permanent protective order will not last forever but will have a much longer duration. If, towards the end of that time, you believe that you are still in danger, you can petition the court to extend the restraining order.
Q: What Happens If You Violate an Assault Protective Order in Nebraska?
A: If you have a restraining or protective order filed against you, you cannot make contact with the person who filed the order. If you contact them or attempt to engage with them, you are breaking the protective order and will go to jail. You may have a high bail amount or restrictions surrounding your release if you violate the restraining order.
Q: How Long Does a No-Contact Order Last in Nebraska?
A: Permanent protective orders usually last up to one year. If you want the protection to extend beyond one year, you must petition for an extension before the original protective order ends. You will likely have to explain to the court why you believe that an extended protective order is necessary and why you still feel that your abuser is a threat to you.
Q: Can a Petitioner Violate a Protection Order in Nebraska?
A: Anyone who violates the terms of a protective order is liable for a misdemeanor and other similar consequences. This is the case even if you are the petitioner, otherwise known as the individual who files the protective order. Protective orders are legally binding agreements and cannot be broken. If your circumstances as a petitioner have changed, you must wait for the protective order to expire before making contact.
Q: How Long Does a Restraining Order Stay on Your Record?
A: Indefinitely, in most cases. If you get a temporary restraining order against you, it will appear on your record so that police officers can take proper steps if you violate the terms. However, you will have to go to a hearing for a permanent restraining order to be permitted. If this is denied, the temporary restraining order should be expunged from your record. If the permanent restraining order is approved, it stays on your record.
Q: How Much Does a Protective Order Cost?
A: If you are filing for a protective order, it is usually free for you to do so. Although you may pay for an attorney, the court filing process is usually free of charge. However, if the judge finds that your petition is not legitimate, they may levy a fine for taking the court’s time.
Contact Stange Law Firm
Protective orders are a significant legal matter and should be taken extremely seriously. Unfortunately, many people are intimidated by the filing process and delay their own safety as a result. Our firm is here to help individuals who are facing abuse and ensure that you have proper, legal protections from your abuser.
For more information about the services we offer, please contact Stange Law Firm online today.
Douglas County (Omaha), Nebraska Office (402-509-1801): 9202 W. Dodge Rd., Suite 302, Omaha, Nebraska 68114