Recent incidents of domestic violence in our communities, across Nebraska, and throughout the country have been difficult to ignore.
Behind every headline is a person, a family, and a history that the public will never fully know. The violence we have seen in our communities raises an important question for all of us, especially those who may be quietly experiencing abuse themselves:
What can a protection order actually do to help keep someone safe?
A protection order can be an important legal tool. But it is equally important to understand both what that order can do and what it cannot.
A Protection Order Creates Legal Boundaries
In Nebraska, a Domestic Abuse Protection Order can prohibit an abusive person from contacting or communicating with the person seeking protection.
Depending on the circumstances, a protection order may also address temporary custody of children, possession of a shared home, protection of household pets, and firearm restrictions.
For someone experiencing abuse, these legal boundaries can be essential to their safety.
A protection order gives law enforcement a written, enforceable court order that describes the prohibited contact or conduct. This allows law enforcement to step in if the protection order is violated. Violating a protection order is a crime with serious legal consequences.
But a court order is one part of a larger picture.
A Protection Order Cannot Guarantee Safety
One of the difficult realities of domestic violence is that a piece of paper cannot physically prevent another person from causing harm.
That does not mean protection orders are ineffective or that seeking one is not worthwhile. In fact, a protection order is a legal tool that is often an important first step in a broader plan for safety.
The period immediately after a person leaves their abuser can be particularly complicated in an abusive relationship. Someone who has used control, intimidation, threats, or violence may react dangerously if they feel that control changing.
For that reason, concerning or abusive behaviors that continue or escalate after a protection order is put in place should not be ignored.
Threats, stalking, repeated unwanted contact, appearing at a home or workplace, attempts to reach someone through friends or family members, or other concerning behaviors should be taken seriously and reported to law enforcement.
When a Protection Order Is Violated
If someone violates the terms of a protection order, it is important to document what happened.
Depending on the circumstances, that may include saving text messages, emails, voicemails, screenshots, photographs, or other evidence of prohibited contact or behavior.
A protection order is not something the person seeking protection is responsible for enforcing alone.
Law enforcement should be contacted when appropriate, particularly when there is an immediate safety concern or a possible violation of an existing protection order.
Domestic Violence Often Extends Beyond the Protection Order Case
For many people, obtaining a protection order is only one part of a complex legal situation.
A person’s experience of domestic violence may lead to new questions about divorce, custody, parenting time, child support, possession of the family home, finances, or how and when children will have contact with the other parent.
Decisions that might seem routine in another divorce or custody case may require more careful consideration when there has been abuse, intimidation, coercive control, stalking, or threats.
Safety measures beyond a protection order can be critical when moving through a divorce or custody case.
An attorney can help you understand how a protection order may interact with an existing or future family law case and what additional legal options may be available.
You Do Not Have to Wait for Physical Violence
Domestic violence does not always begin with physical injury. There are many types of domestic violence and abuse.
Threats, intimidation, stalking, destruction of property, controlling behavior, isolation, and other frightening conduct can all be warning signs that something is wrong.
Nebraska law has specific requirements for obtaining a Domestic Abuse Protection Order, and not every troubling or unhealthy relationship will meet those legal requirements.
But you do not have to wait for a situation to become dangerous before asking questions about your legal options.
Often, the first step is simply understanding what choices are available. Talking with an attorney can help you understand your options involving a relationship, divorce, custody, or a protection order.
One Tool, Not the Whole Answer
Protection orders matter. They can establish legally enforceable boundaries, restrict contact, provide temporary protections from domestic violence, and create legal consequences when an order is violated.
At the same time, domestic violence is complicated, and no single court order can address every risk someone may be facing.
If you are considering a protection order, are dealing with someone who is violating an existing protection order, or are trying to understand how domestic violence may affect your divorce or custody matter, we can help you understand your legal options and determine what comes next.
If you are in immediate danger, call 911.
To speak with our team about a protection order or family law matter, contact McGill Law.
Local Domestic Violence Resources
If you or someone you know is experiencing domestic violence, confidential support and safety planning are available in our communities.
Omaha and Douglas County
Women’s Center for Advancement (WCA)
Free services for people experiencing domestic violence, sexual assault, stalking, and human trafficking.
24/7 Crisis Hotline: 402-345-7273
Lincoln
Voices of Hope
Confidential crisis intervention and support for people affected by domestic violence, sexual assault, stalking, human trafficking, and other forms of abuse.
24/7 Crisis Line: 402-475-7273
Across Nebraska
Nebraska Coalition to End Sexual and Domestic Violence
Find advocacy programs and resources serving communities throughout Nebraska.
If you are in immediate danger, call 911.