Nebraska Domestic Violence Laws

Home should be a safe place, filled with people we can trust. For those experiencing domestic violence, it’s anything but. Abusive acts between family and household members can ruin lives and destroy families. The state of Nebraska offers protection to survivors through the Protection From Domestic Abuse Act.

Part of preventing domestic violence is understanding what it is. This article will examine Nebraska‘s definition of domestic violence, the different types of aid available, and what to expect from Nebraska‘s court system. By the end of this guide, you’ll better understand this difficult topic.

We’ll also explain Nebraska‘s domestic violence protection orders. For research focused on the different types of other restraining orders available in Nebraska, FindLaw’s guide to protective orders in Nebraska​ is exactly what you’re looking for.

Defining Domestic Violence

For an offense to qualify as domestic violence in Nebraska, two conditions must be met. If either element is absent, the crime isn’t considered domestic violence. It may still be a crime and subject to prosecution, but the special protections and programs​ associated with domestic abuse aren’t made available.

Domestic violence offenses focus on the relationship between the people involved and the type of crime committed. Let’s take a look at each factor.

People and Relationships

There is no such thing as a domestic violence crime between strangers. When it comes to the people involved in domestic abuse, they must share at least one of a set of qualifying relationships​:

• Spouses
• Former spouses
• Family by consanguinity (blood relatives)
• Family through marriage affinity (blood relations through a spouse, such as a husband’s sister)
• Children
• People residing together
• People who have resided together in the past
• People with a child in common
• People in a dating relationship
• People who were in a dating relationship in the past

A dating relationship means a couple having frequent, intimate associations with affection and sexual involvement or the intent of affection and sexual involvement in the future. If you’re being abused and you are in one of these relationships, you’re suffering domestic violence. Advocates are available​ to help.

Qualifying Offenses

An in-law who steals a watch from you is guilty of a crime, but not of a domestic violence offense. Domestic abuse crimes are about power and control. The abuser uses different types of domestic violence​ to hold dominance over the victim. While physical violence is often associated with domestic abuse, other methods, including coercion, financial restriction, isolation, and intimidation, are used as well.

If the participants are family or household members, any crimes under the following classifications can qualify as domestic violence in Nebraska​:

• Attempting to cause bodily injury with intent or recklessness, with or without a dangerous instrument
• Threatening to cause bodily injury with intent or recklessness in a menacing manner
• Engaging in sexual penetration or sexual contact without consent​
• Causing fear of imminent bodily injury through threats and intimidation (even if the abuser had no intent to follow through)

Criminal acts that meet both the participant and type of offense criteria are domestic violence in Nebraska. A husband committing sexual assault on their spouse is domestic violence. An employee punching their boss is a crime, but not domestic abuse.

Nebraska Domestic Violence Laws: Protections, Programs, and Help for Victims

If you’re suffering abuse or are in fear of impending harm, call 911. If your abuser is guilty of domestic violence offenses, Nebraska offers several ways to help protect you.

Nebraska Domestic Violence Protective Orders

While not foolproof, Nebraska domestic violence protection orders​ offer an effective way to get an abuser out of your life. This restraining order combines focused protections for the victim and strict penalties for the abuser.

Each domestic violence protection order is tailored to fit the needs of the victim. While every case is different, some conditions are common inclusions​ in orders. The provisions include:

• The abuser is forbidden from restraining the victim or their personal liberty
• The abuser is forbidden from assaulting, attacking, molesting, threatening, or otherwise disturbing the peace of the victim
• Abiding by a no-contact order
• The abuser must vacate a shared dwelling and not return
• The abuser must stay away from any location named by the court
• Awarding temporary child custody for up to 90 days
• Forbidding the abuser from purchasing or possessing firearms
• Awarding custody of shared domestic animals to the victim
• Forbidding the abuser from making contact with or harming any domestic animals of the victim

This is not an exhaustive list. The court order can contain all, some, or none of these provisions. The court can add any condition it deems necessary for the victim’s safety.

Victims (petitioners) apply for a domestic violence protection order​ by fax, mail, or in person. The petition​ includes an affidavit in which you’ll describe instances of abuse as fully as possible. If you’re filing in person, take the forms to your nearest court. There is no fee to file for a protective order in Nebraska. Domestic violence advocates can help​ if you’re having difficulties.

At the courthouse, give your forms to the court clerk. A judge may ask you questions to determine the threat level you’re facing. If the court agrees that you’re in danger, an ex parte temporary protection order​ is issued. This can contain the provisions you request and additional conditions added by the court. Your abuser (respondent) will not be contacted before the issuance (ex parte).

After issuance, the order is served on the respondent. In domestic violence cases, this is often handled by the sheriff’s department. The respondent has ten days after service to request​ a “show-cause” hearing if they wish to oppose the order. If they don’t oppose or don’t show up, the order becomes a final protection order.

If the respondent chooses to oppose, you’ll have a case hearing. Both sides offer their arguments, call witnesses, and present evidence. If the court finds that the threat of abuse still exists, the temporary order becomes a final order. It has a duration of one year and is renewable each year that the threat remains viable​.

Your protection order applies anywhere in Nebraska. It’s valid in all U.S. states, territories, and tribal reservations under both federal and Nebraska law. If your abuser violates the protection order, call law enforcement at once.

Those who violate a domestic violence protection order face severe penalties. The first violation is a Class I misdemeanor, with up to one year in jail and a fine of up to $1,000. Any violations after that are a Class IV felony​ with a fine of up to $10,000 and up to two years in prison.

Violators in Nebraska face prosecution for the crimes committed during the violation as separate offenses. These can add significant punishments. For example, domestic assault​ has the following penalties:

Third-degree domestic assault:

• First violation – Class A misdemeanor
• Subsequent violations – Class IIIA felony

Second-degree domestic assault (injury with a deadly weapon/dangerous instrument):

• First violation – Class IIIA felony
• Subsequent violations: Class IIA felony

First-degree domestic assault (intentional serious bodily injury):

• First violation: Class IIA felony
• Subsequent violations: Class II felony

These charges are in addition to violation penalties. The court may also add further provisions to the existing protective order.

Support Services and Assistance Programs

To help victims escape their abusers, Nebraska offers many types of emergency services​ and temporary aid. Immediate services include housing in shelters, free legal aid, medical services, and financial aid. Some sources of aid​ can last up to thirty days. These can be relocation, daycare, employment, and alternatives to returning to the abuser.

Address Confidentiality Program (ACP)

Those who summon the courage to flee their abusers don’t want them to find them again. The Nebraska Address Confidentiality Program​ helps keep them hidden. The victim is given a second legal address to be used for all official public documents, such as a driver’s license or voter registration. The program also forwards all first-class mail to the victim’s actual address. There is no charge for the ACP.

Release from Rental Agreements

A domestic violence victim with a protection order can break a lease​ to escape their abuser. This is legal under Nebraska law, and there are no penalties for the victim. They must give the landlord 14 days’ notice, present proof of the domestic violence protection order, and pay all rent due through the date they leave.

Seeking Civil Relief

Domestic violence victims can sue their abusers in civil court​ to recover lost wages, medical expenses, and pain and suffering. Taking this step alone is unwise for most people. If you’re going to sue an abuser, speak to a Nebraska domestic violence attorney​ for legal advice and representation.

Additional Resources

• National Domestic Violence Hotline​ (800.799.7233)
• Nebraska Coalition To End Sexual and Domestic Violence​
• Nebraska Legal Resources and Information – Nebraska Judicial Branch​
• Nebraska District Court Contacts​
• Domestic Violence FAQ​
• Domestic Violence Resources and Organizations Guide​

Get Legal Help

As a victim of domestic violence, safety for you and your loved ones is essential. If you need additional help escaping to a safer life, talk to a Nebraska family law attorney. They can ensure you have access to the right protections and help you find an abuse-free future.

If you’re facing domestic violence charges or have violated an order of protection against a family member and need assistance, speak with a Nebraska criminal defense attorney. When facing felony charges for causing a physical injury or any other domestic violence offense, it’s a good idea to have an expert to help with your defense strategy.