“At any given moment you have the power to say this is not how the story is going to end.”
- Christine Mason Miller, Author and Artist.
In Nebraska, you have the law to help empower you. The law exists to protect you and your children if you are in an abusive relationship. The first step is understanding that you are or may be in an such a relationship. Your team at McGill Law is here to protect you and your child(ren) in any situation – i.e. we will assist you in putting together a safety plan in order to keep you & your children secure or help put a stop to harassing, annoying calls, emails or any form of communication. There are different types of protection orders at your disposal (depending on your situation.) October is “domestic violence awareness month.” If you or someone you know is suffering, please don’t risk another second of your life in the sadistic cycle of abuse.
Our laws provide two remedies for abuse – domestic and harassment protection orders. See below for an explanation of each:
Harassment Protection Orders: (Nebraska Revised Statute 28-311.09) A victim who has been harassed may file a petition and an affidavit with the clerk of the district court stating events & dates of alleged harassing acts. These harassing acts may constitute threatening, assaulting, molesting, attacking or disturbing the peace. The Judge may order such alleged acts to stop (otherwise known as “enjoining”) which may include no telephoning, contacting or in any way communicating (to include electronic) with the petitioner. The Court’s ex parte order (i.e. order issued without immediate notice due to a showing of irreparable harm or loss) shall be effective for one year and if the order is violated, the respondent will be guilty of a class II misdemeanor for which he/she may be arrested and subjected to up to 6 months imprisonment and a one thousand dollar fine. The respondent has the due process right to a hearing on the matter and may certainly challenge the right to the order by returning the form attached to the order that has been served upon him/her. The court will set the hearing within a set number of days and you and your attorney will appear to contend why the protective order should remain in effect. Unlike the petition for a domestic violence protection order, the victim does not have to allege any domestic violence acts or abuse when completing the harassment protection order application. https://supremecourt.nebraska.gov/self-help/protection-abuse/harassment-protection-order
Domestic Violence Protection Orders: (Nebraska Revised Statute 42-924) A victim of domestic abuse may file a petition and affidavit for an order with the clerk of the court and such order may be authorized and the following relief may be granted- a) the respondent may be enjoined (or prohibited) from restraining the liberty of the petitioner b) the respondent may be enjoined from threatening, assaulting, molesting, attacking, or disturbing the peace of the petitioner c) enjoining the respondent from telephoning, contacting or communicating in any way with the petitioner d) removing or excluding the respondent from the residence (ownership has no bearing) e) ordering the respondent to stay away from any place the court specifies f) if children are involved, awarding petitioner temporary custody of the minor children for up to 90 days g) enjoining the respondent from possessing or purchasing a firearm and h) ordering further relief deemed necessary to keep the petitioner and family safe. Like the harassment protection order petition, this one must also state specific events and dates of the abusive acts, it must be filed with the clerk’s office and set for hearing where the respondent may challenge the due process of the protection order before a Judge within a set number of days. The protection order, if granted, will also remain in effect for one year. The penalties for violating this type of order are more severe: violation constitutes a Class I Misdemeanor and if there has been a prior conviction, it shall be a Class IV Felony. The Class I Misdemeanor offense may involve up to 6 months imprisonment and a one thousand dollar fine. The subsequent offense (i.e. Class IV Felony) involves a possible five years in prison and one thousand dollar fine. https://supremecourt.nebraska.gov/self-help/protection-abuse/domestic-abuse-protection-order
At McGill Law, we understand that domestic violence takes many forms: physical, emotional, economic, stalking, harassment and sexual. If you can’t find the power to stop the cycle, we are here to help because this should not be how your story ends.