Divorce can be an incredibly challenging and emotionally draining experience, particularly when dealing with a difficult spouse who refuses to cooperate. Unfortunately, some situations escalate to a point where one’s safety is compromised, leaving individuals in desperate need of protection for themselves and their children. In Nebraska, obtaining a restraining order serves as a critical legal measure to safeguard against domestic violence and harassment.
A restraining order, issued by a Nebraska court, effectively prohibits an individual from making any contact or coming within a specific distance of another person. This powerful tool aims to provide immediate protection against threats of physical harm or emotional distress, creating a safe environment for the affected parties.
Types of Restraining Orders in Nebraska
Nebraska recognizes several types of restraining orders, designed to address varying circumstances:
1. Domestic Abuse Protection Order
A domestic abuse protection order is applicable when one believes that their spouse or partner has committed domestic abuse against them. This form of abuse encompasses physical harm, emotional or psychological abuse, sexual abuse, or financial exploitation. By obtaining this order, the abuser is legally required to maintain their distance from the victim, their children, and their residence. It effectively restricts any direct or third-party communication between the abuser and the victim.
2. Harassment Protection Order
Should a spouse or partner engage in harassment, stalking, or threats against the victim, a harassment protection order can be pursued. This type of order prohibits the abuser from contacting, threatening, or approaching the victim within a specified distance.
3. Child Abuse Protection Order
In cases where a partner is suspected of abusing a child, a child abuse protection order becomes necessary. Such an order prevents the abuser from having any contact with the child, potentially including restrictions on their proximity to the child’s school or home.
4. Sexual Assault Protection Order
If a spouse or partner has subjected the victim to sexual assault, a sexual assault protection order offers protection. This form of order not only prohibits any contact between the victim and the abuser but may also require the abuser to stay away from the victim’s residence, workplace, and other frequently visited places.
How to Obtain a Restraining Order
To secure a restraining order in Nebraska, an individual must file a petition with the court. This can be done independently or with the assistance of an attorney. The petition should provide comprehensive details regarding the abuse or harassment experienced and clearly state the specific type of restraining order sought after.
Upon receiving the petition, the court will schedule a hearing within 14 days. During the hearing, the petitioner must present evidence supporting their claims of abuse or harassment. In urgent cases where immediate danger is evident, the court may issue a temporary restraining order until the date of the hearing to ensure the petitioner’s safety.
Violating a Restraining Order in Nebraska
Any violation of a restraining order by a spouse or partner can result in their arrest and subsequent criminal charges. The consequences may involve fines, imprisonment, or a combination of both. In the event that someone believes their restraining order has been violated, it is crucial to contact the police immediately to initiate appropriate legal action.
Final Thoughts
A restraining order holds significant power in safeguarding individuals and their children from domestic violence and harassment. If you are considering or currently undergoing a divorce, understanding the options available to obtain a restraining order is essential. For guidance in seeking a restraining order or clarification regarding your legal rights, it is advisable to consult with an experienced Nebraska divorce attorney who can provide the necessary support and expertise.