Omaha Domestic Violence Defense Attorney

Domestic Violence Laws in Nebraska

Under Nebraska law, domestic violence is considered a serious criminal matter. If you have been arrested for this offense, you are likely facing stiff repercussions depending on the severity of the incident.

These consequences can impact many areas of your life, including:

• Child custody and visitation rights
• Your immigration status
• Your right to own a firearm
• And more

You will need the services of a trusted criminal defense attorney as soon as possible to help you fight the charges and ensure your legal rights and best interests are resolutely pursued.

At the law firm of Michael J. Fitzpatrick, Attorney at Law, you work with a former police officer and former prosecutor who thoroughly understands the tactics and mindset of both these agencies. Our attorney can use that insight, along with his vast experience in criminal defense, to investigate, anticipate, negotiate, and challenge any weaknesses in the state’s evidence.

Are you a victim of domestic violence in Omaha, NE? Contact us at (402) 809-5008 for a free case consultation today.

What is Domestic Violence?

Under Nebraska law, domestic violence is defined as the reckless, knowing, or intentional physical harm caused to an intimate partner.

An intimate partner can be:

• Your spouse
• Your former spouse
• Someone with whom you have a child or children with, whether you are married or not
• Someone you are dating or have dated in the past

What are the Penalties for Domestic Violence?

Domestic violence assault in the third degree is the least serious of Nebraska domestic violence offenses. It includes not only causing physical harm but threatening to cause immediate injury or threatening in a menacing way.

Thus, you can be arrested for domestic violence without having actually touched the alleged victim. This is a Class I misdemeanor punishable by up to a year in jail and a fine of up to $1,000. Other court-ordered programs or penalties may apply.

More serious domestic violence offenses include domestic assault in the second degree, punishable by 5 to 20 years in prison and a fine ranging between $10,000 and $25,000. Domestic assault in the first degree punishable by 1 to 50 years in prison and fines up to $25,000.

These offenses are charged as felonies for causing:

• Serious bodily injury
• Death
• Or using a dangerous or deadly weapon

What Happens If the Abuser Violates a Restraining Order?

If an abuser violates a restraining order, it is considered a serious legal offense. Violations can include contacting the victim, going to prohibited locations, or failing to comply with other restrictions outlined in the order. When a violation occurs, the victim should contact law enforcement immediately. The police can arrest the abuser without a warrant if they believe the restraining order has been violated.

The consequences for violating a restraining order can vary based on the specifics of the case and local laws. Penalties often include fines, jail time, or both. The court may also modify the terms of the order, imposing stricter conditions on the abuser. Multiple violations can lead to more severe penalties, including felony charges. Violations can also impact related legal matters, such as child custody disputes, further complicating the abuser's legal standing.

Take Charge by Calling Michael J. Fitzpatrick, Attorney at Law

A domestic violence conviction can leave you with a permanent criminal record that can seriously alter your life and your future. At such a difficult time, it is vital that you have competent legal representation.

Our firm is here to assist you. Get started with a simple phone call. We are dedicated to providing you with outstanding legal service aimed at bringing forth the best possible outcome in your case.

Our Omaha domestic assault lawyer is here to help. Call (402) 809-5008 or contact us online today. We serve all of Douglas and Sarpy counties.