Domestic Violence & Protection Orders

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Domestic Violence & Protection Order Attorneys in Omaha, Nebraska

Domestic Violence

Domestic violence affects thousands of Nebraska families every year. Whether you’re a victim seeking protection or someone facing false allegations, the legal implications are serious and require immediate attention from an experienced attorney.


At Horgan Law, our domestic violence attorneys in Omaha provide compassionate support for victims while defending the rights of those wrongly accused. We handle protection order proceedings, related criminal matters, and family law issues arising from domestic violence situations.

Understanding Domestic Violence in Nebraska

Nebraska law defines domestic abuse as knowingly or intentionally causing bodily injury, threatening another person with imminent bodily injury, or engaging in sexual contact or penetration without consent when the parties are in specific relationships, including:

  • Spouses or former spouses
  • Current or former dating or intimate partners
  • People who have children together
  • People living together or who previously lived together
  • Family or household members related by blood or marriage

Domestic violence encompasses various forms of abuse:

  • Physical violence (hitting, pushing, choking, restraining)
  • Sexual assault or coercion
  • Emotional or psychological abuse
  • Stalking or harassment
  • Financial control or exploitation
  • Threats against children or pets

Protection Orders in Nebraska

Protection orders (also called restraining orders) are court orders designed to protect victims from abusers. Nebraska law provides several types of protective orders.

Domestic Abuse Protection Orders

Domestic abuse protection orders prohibit contact and can require the abuser to:

  • Stay away from the victim and their home, workplace, or children’s schools
  • Have no contact (direct or indirect) with the victim
  • Surrender firearms
  • Move out of a shared residence
  • Attend counseling or treatment programs

Emergency Protection Orders

When domestic violence occurs outside regular court hours, victims can seek emergency protection orders from law enforcement. These temporary orders provide immediate protection until a court hearing can be held.

Ex Parte Orders

Ex parte orders are temporary protection orders issued without the alleged abuser being present. These orders remain in effect until a full hearing, typically scheduled within 14 days.

Obtaining a Protection Order

If you’re a victim of domestic violence, our attorneys guide you through the protection order process:

Step 1: Filing the Petition
We help you complete and file a petition for protection order, documenting the abuse you’ve experienced and explaining why protection is necessary.

Step 2: Temporary Order
The court reviews your petition and may issue a temporary ex parte order providing immediate protection.

Step 3: Service of Process
The alleged abuser must be served with the petition and temporary order, notifying them of the hearing date.

Step 4: Hearing
At the hearing, both parties may present evidence and testimony. Our attorneys represent you, presenting compelling evidence supporting your need for protection.

Step 5: Final Order
If the court grants the protection order, it typically remains in effect for one year but can be renewed if necessary.

Defending Against False Allegations

Unfortunately, protection orders are sometimes misused in divorce or custody disputes. False allegations can have devastating consequences:

  • Criminal charges
  • Loss of custody or parenting time
  • Damage to reputation and employment
  • Restrictions on where you can live or go

If you’ve been wrongly accused, immediate legal representation is essential. Our attorneys:

  • Conduct thorough investigations to gather evidence disproving false allegations
  • Interview witnesses who can testify to your character and the accuser’s motivations
  • Challenge inconsistencies and contradictions in the accuser’s statements
  • Present compelling defenses at protection order hearings
  • Protect your reputation, custody rights, and freedom

Related Criminal Charges

Domestic violence often leads to criminal charges that carry serious penalties:

  • Domestic assault (misdemeanor or felony depending on severity)
  • Violation of protection orders
  • Stalking or harassment
  • False imprisonment
  • Terroristic threats

Our attorneys provide comprehensive defense representation for domestic violence-related criminal charges while coordinating with your family law matters.

Impact on Custody and Divorce

Domestic violence allegations significantly affect family law proceedings:

Child Custody

Courts prioritize children’s safety. Substantiated domestic violence may result in:

  • Supervised visitation only
  • Loss of physical custody
  • Restrictions on decision-making authority

We help victims secure custody protections while defending falsely accused parents’ rights to maintain relationships with their children.

Divorce Proceedings

Domestic violence impacts property division, spousal support, and other divorce issues. Our attorneys ensure domestic violence is appropriately considered in all aspects of your divorce.

Safety Planning

For victims, safety is paramount. Beyond legal representation, we help you develop comprehensive safety plans:

  • Identifying safe places to go in emergencies
  • Securing important documents and personal items
  • Establishing communication protocols with trusted friends or family
  • Connecting with domestic violence resources and shelters
  • Planning safe departure strategies

Resources for Victims

Nebraska provides resources for domestic violence victims:

  • Domestic Violence Hotline: 1-800-799-7233 (24/7)
  • Women’s Center for Advancement: (402) 345-6555
  • YWCA Battered Women’s Shelter: (402) 345-7273
  • Legal Aid of Nebraska: (877) 250-2016

Our attorneys connect you with community resources while handling your legal matters.

Violations of Protection Orders

Violating a protection order is a serious criminal offense. If someone violates your protection order:

  • Contact law enforcement immediately
  • Document all violations
  • Contact our office to discuss legal options

We pursue contempt proceedings and advocate for criminal prosecution of violations, ensuring your safety is enforced.

Related Family Law Services

Domestic violence often intersects with other family law matters. Horgan Law can also help with:

Child Custody & Support – Protect your children and establish safe custody arrangements.

High-Asset Divorce – Legal representation for divorces involving domestic violence and asset protection.

Adoption – Stepparent adoption services for blended families in safe, stable environments.

Frequently Asked Questions – Family Law in Omaha

How do I get a protection order in Omaha?

Visit the Douglas County Courthouse to file a petition, or contact our office for assistance with the entire process. In emergencies, call 911 for immediate police response and emergency protection orders.

Once granted, protection orders can only be dismissed by court order. You’ll need to file a motion with the court. We advise you on whether dismissing the order serves your safety interests.

Substantiated domestic violence significantly impacts custody decisions. If you’re a victim, we help secure protective custody arrangements. If falsely accused, we vigorously defend your parental rights.

Contact an attorney immediately. You’ll face criminal charges that could result in jail time, fines, and protection orders. Early legal intervention is critical.

Yes. Federal and Nebraska law prohibit firearm possession while subject to certain protection orders. Violating these prohibitions is a federal crime.

Nebraska protection orders can be enforced nationwide through the Violence Against Women Act. We help you register your order in other jurisdictions if needed.

Get Legal Help Today

Domestic violence situations require immediate action. Whether you need protection from an abuser or defense against false allegations, time is critical.

At Horgan Law, our domestic violence attorneys in Omaha provide the skilled representation you need during this difficult time. We understand the urgency, emotional toll, and legal complexities of these cases.

Contact us today for a confidential consultation. Your safety and legal rights are too important to wait.