Nebraska Domestic Violence Law – What You Should Know if You’re Accused

April 3, 2016

Hightower Reff Law has years of experience helping clients on both sides of Omaha Nebraska domestic violence cases – survivors and offenders. Whether you’re a victim needing a protection order or someone accused of domestic violence, the domestic assault lawyers at Hightower Reff Law believe it’s helpful if clients understand the basics of Nebraska domestic violence law and penalties.

An understanding of the law and processes is important if you’re accused of domestic assault, as you could face serious penalties that affect your family, job and your future.

When you face domestic assault charges, having an attorney experienced in domestic assault cases who knows the law and the court in your county and will zealously represent you and help you make the best decisions during your case is also crucial.

Intimate Partner Assault 

It’s important to start by understanding who Nebraska law considers an intimate partner. Intimate partners can include:

  • a spouse
  • a former spouse
  • someone with whom you have children
  • someone you are dating or have dated in the past

Criminal Penalties and Protection Orders 

The penalties for domestic violence offenses in Nebraska can be steep. Along with criminal charges, you will likely have a protection order filed against you immediately.

The protection order will be addressed separately from your criminal case. You can usually use the same attorney for both, however.

If you’re convicted of a felony domestic assault you could spend up to 50 years in prison. Nebraska law also allows for enhanced penalties if the victim is pregnant.

Nebraska law provides for restitution as well. You could be ordered to pay money to the victim to reimburse them for the cost of medical treatment or to fix or repair property you damaged.

One of the Most Important Things to Remember 

One of the most important things you can do if you are charged with a domestic violence criminal offense is to exercise your right to remain silent.

Nebraska law provides for stiff penalties in intimate partner assault crimes and there is a lot of risk in talking to police without the advice of a lawyer experienced in domestic violence law.

Get a Good Lawyer on Board Right Away

The faster you get a lawyer on board, the faster they can start investigating your case and interviewing witnesses — and perhaps find reasons why the case may be able to be dismissed.

Or, the attorney may be able to negotiate a plea bargain before the case gets to the trial phase.

Domestic violence convictions can stick with you for a long time. There are no guarantees, but sometimes, especially on a first offense, it may be possible for an experienced attorney to help you prevent damage or lessen the impact of these serious charges on your future.

This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts. 

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