Domestic violence can complicate an already contentious divorce in Nebraska. It is crucial to prioritize your safety and be aware of your rights when seeking a divorce.
Understanding Domestic Violence Protection Orders in Nebraska
In Nebraska, a Domestic Violence Protection Order (DVPO) is a legal tool designed to protect victims of domestic violence by mandating that the abuser maintains a distance from the victim. It can be sought against anyone with whom the victim has a domestic relationship, including a spouse, ex-spouse, roommate, or someone they share a child with.
DVPOs offer victims several protections, such as restraining the abuser from approaching the victim’s home or workplace, granting temporary custody of children to the victim, and restricting the abuser’s access to firearms.
The Impact of DVPOs on Your Divorce Case
DVPOs can have far-reaching consequences for divorce proceedings. Custody arrangements, child support, and property division are some areas where DVPOs can significantly influence the outcome. Seeking guidance from an experienced family law attorney is crucial to navigate this complex legal landscape and understand your rights fully.
Custody Arrangements
A DVPO may temporarily award custody to the victim, and the courts factor the protective order into determining permanent custody arrangements. When deciding on custody, the court prioritizes the child’s safety and well-being, considering the protective order as evidence of the necessity for limited or supervised visitation.
Child Support
DVPOs can also impact child support calculations. If a parent protected by a DVPO is unable to work due to injuries resulting from domestic violence, the court may attribute income to that parent based on their work history and earning capacity.
Property Division
During property division, DVPOs play a role if they prohibit the abuser from owning or possessing firearms. In such cases, the court must consider the division of weapons owned by the abuser.
Conclusion
If you are planning a divorce and have experienced domestic violence, ensuring your safety should be your utmost priority. Obtaining a DVPO can have significant implications for your divorce case. Therefore, it is essential to consult with a knowledgeable family law attorney who can guide you through the complex legal system, ensure your rights are protected, and help you make informed decisions.
Remember, you are not alone in this journey, and numerous resources are available to assist you. If you or someone you know is facing domestic violence, please reach out to the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or your local domestic violence shelter to access the support and assistance you need.