Douglas County Restraining Orders Lawyer and Protective Order Attorney
No one expects to encounter an abusive situation, especially when it involves friends and family. Unfortunately, this unexpected turn of events is a reality for many individuals across Omaha. When this happens, there are different avenues you can pursue to ramp up your level of protection against the alleged abuser. One of these is a restraining order. It is a vital piece of documentation that can keep an individual away and reduce their ability to repeat any violent actions. Connecting with a competent Omaha restraining order lawyer is a highly effective way to receive sound legal advice and guidance as you collaborate to build a strong case for the restraining order.
What Is a Protection Order?
A protection order and a restraining order are synonymous. It is a court-ordered mandate that prevents an alleged abuser from being able to commit any more acts of domestic violence. It achieves this by enforcing new restrictions on how the individual can come into contact with the petitioner of the order. For example, an order will likely state that the individual is not allowed to come within so many feet of their victim. It will also likely prevent any type of communication from happening, like texting or connecting through a social media account. The consequences for any violations of the protection order will also be clear to deter the individual from reaching out and breaking the terms of the agreement.
What Different Types of Restraining Orders Exist?
No two restraining orders are alike. This pertains not only to the details of each relationship within the order but also to the type of order you choose.
- Temporary Restraining Order (TRO): There are many good reasons why most people only opt for a temporary restraining order to start. For some, the reason their partner may have abused them is due to an issue they need to resolve, like alcoholism. The TRO can offer the protection you need while they seek treatment, giving you the ability to witness their recovery and determine if moving forward in life without a protection order is a possibility.
- Permanent Restraining Order (PRO): These permanent orders are typically only seen at the conclusion of a legal proceeding. A jury and judge may rule that a restraining order either needs to be extended for a longer period, like a few more years, or indefinitely. If they approve a PRO to last for a few years, it will be up to you to request an extension when the deadline approaches. Otherwise, the PRO will expire automatically.
- Emergency Protection Order (EPO): Sometimes, law enforcement will assess the damage of the abuse and trigger an emergency protection order to go into effect immediately. This is to ensure the victim has a legal safety net before they can comprehend what is going on and make their own decisions on advancing with either a temporary or permanent restraining order.
Spend time with your domestic violence protection attorney and see which order makes the most sense. Be sure to ask them if the order alone is enough to keep them safe or if any other preventative measures can be taken to keep the abuser at bay.
How Can I Tell If I’m a Victim of Domestic Abuse?
Being able to recognize the signs of domestic abuse will make the difference between how fast you are able to reach for help versus enduring the pain for a longer period. Some of the most common signs seen across Omaha include:
- Control and Isolation: You should be suspicious if your partner tries to have an influence on where you go or how you spend your time. An example of this behavior could be denying your ability to go hang out with friends or purposely scheduling conflicting events every time so you cannot hang out with anyone else. This could be a sign of abuse, as they are actively trying to isolate you from family and friends to keep control over every aspect of your day.
- Physical Violence: This category is hard to miss. If someone inflicts pain on you, like hitting, it can cause a ton of pain and leave behind a bruise. People are not usually ignorant of the fact that they have been physically hit, but they can be gaslighted into thinking that it was a one-time occurrence and that it won’t happen again. Many times, it happens again. This leaves victims in a cycle of abuse that can be extremely difficult to break.
- Emotional Abuse: Abuse is not always in the form of scratches or marks on someone’s body. It can be in the words someone uses to tear down someone else. For example, an abuser might constantly critique their partner for gaining some weight and won’t drop the topic until something has been done about it. This can dramatically hurt the other partner’s self-worth, making it difficult to navigate their own self-esteem and maintain relationships with other people.
- Sexual Abuse: When sex is not a consensual activity, it is sexual abuse. One of the most commonly discussed forms of sexual abuse is rape, where an individual is forced to engage in sexual activities without their consent. Another example could be forcing someone to have sex without using protection despite making several attempts to ask if they could.
- Fear or Intimidation: When someone wants to have control over someone else, they can create a culture of fear or intimidation to make you obey their every command. For example, they may threaten to harm you if you speak on a topic they have requested you not bring up. They could also make threats to harm your children or pets to make sure they get their way. This is not normal behavior and needs to be raised with law enforcement and the legal system as soon as possible to be resolved.
- Manipulative Behavior: If a partner is known to deny their problematic behaviors, or find a way to blame you for any examples of abuse in the relationship, that is a communication tactic known as manipulation. They are an attempt to distort reality to ward off some accountability for their actions. Manipulators can be extremely creative, so it is possible you could endure years of manipulative abuse before recognizing what it is and finding a resolution.
If you recognize any of these symptoms in yourself or someone you know, do not be shy about connecting with a family lawyer. Even if you are only a small percentage confident that you are experiencing some level of domestic abuse, it’s critical to get in touch with a legal representative and uncover the truth.
How Can a Restraining Order Protect My Children?
If you have concerns that the individual who abused you also has the capability of inflicting harm on your children, especially after a divorce, some provisions can be added to a restraining order to extend that level of protection.
- Prohibiting Contact: Just as the contract will outline that the abuser will not be able to contact the victim, the same verbiage can also be included to keep your kids away from danger. This means the other parent will not be able to see the kids in person or even send them a text message.
- Regulating Visitation: If the abuse was not intense enough to keep them away completely, a well-structured visitation plan can be your next bet for success. It will outline exactly when the other parent can see their kids and what exactly they are allowed to do. For example, the parent might not be able to drive the kids around solo in the car, but they would be able to dine at a restaurant together.
- Determining Where They Live: The restraining order will make it clear where the children should be living. Typically, the alleged abuser is the one who must move on to a different living arrangement. This is a win-win situation because it removes the danger from the child’s home while also not disrupting their lives even more with a new move to escape.
- Restricting Gun Possession: Many times, the court will request that the abuser surrender their own firearms during an active restraining order. This can help keep your kids safe by ensuring the magnitude of a weapon like a gun is not in the abuser’s hands.
These are only a few different ways that a restraining order can include kids and keep them protected as well. If there are any public places or communication channels that you want to protect your kids from, and include within the restraining order, speak with your family law attorney to fully understand what can be done.
Contact Stange Law Firm Today
If you are in Omaha, and are looking for some help obtaining or enforcing a restraining order, connect with us today at Stange Law Firm. We are a proud team of family lawyers who want to see a world where individuals and their children are fully protected from anyone they believe could disrupt their safety. We look forward to hearing more about your case and how we can help you get the safety you need as quickly as possible.
Douglas County (Omaha), Nebraska Office (402-509-1801): 9202 W. Dodge Rd., Suite 302, Omaha, Nebraska 68114
