Nebraska Family Law on Domestic Violence

Crimes that hit close to home are often the most damaging. As the name indicates, domestic violence​ offenses involve people from a place most of us consider safe. It can destroy families. Nebraska has laws in place to help victims of domestic violence and punish their abusers.

Domestic violence is a complex subject. This article provides answers to some of the most pressing questions about domestic abuse. Understanding what domestic violence​ is, the legal options available to those experiencing it, and how to help those in need can make a big difference. Read on for important information about domestic violence under family law in Nebraska.

Which Term Does Nebraska Use, Domestic Violence or Domestic Abuse?

Both. Nebraska statutes (such as the Nebraska Protection From Domestic Abuse Act​) and legal documents used by the courts generally use the phrase “domestic abuse.”

Most advocates and resources lean toward using the term “domestic violence” or “intimate partner violence.” The Nebraska Department of Health and Human Services defines abuse as part of domestic violence, making things a little more confusing.

In general, people will understand what you’re talking about regardless of which term you use. For official legal documents in Nebraska, go with “domestic abuse”.

What Is Considered Domestic Abuse in Nebraska?

There are two requirements​ under Nebraska‘s Protection From Domestic Abuse Act for an act to be considered domestic violence: 

• The parties must be “family or household members“
• “Abuse” must have occurred, as defined by state law

The first means that the people involved share a close, personal relationship. Under the Nebraska Revised Statutes, this group includes:

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

For dating relationships, the court requires a degree of intimacy or affection​ between the participants. A coworker you don’t see outside your place of employment wouldn’t be eligible.

The second requirement is based on the type of crime committed. Nebraska uses categories for eligible offenses that focus on physical and sexual abuse. While stealing money from your former spouse‘s wallet is a crime, it’s not an offense with domestic abuse status. Abusive acts with potential as domestic abuse crimes​ include any that fall under one of these groupings:

• Causing bodily injury with intent or recklessness with or without a dangerous instrument
• Attempting to cause bodily injury with intent or recklessness with or without a dangerous instrument
• Causing fear of imminent bodily injury through threats and intimidation
• Engaging in sexual penetration without consent
• Engaging in sexual penetration or sexual contact without consent

Physical abuse is a type of domestic violence, but far from the only one. Abusers crave power and control​ over their victims. Threats, fear, and intimidation are weapons they use, so it makes sense that Nebraska identifies them as domestic abuse.

If family or household members commit one or more of these offenses against each other, it’s domestic abuse under Nebraska family law. A crime that doesn’t qualify as domestic abuse is still a crime, but it will not make the victim eligible for domestic abuse programs or protections.

Why Does Domestic Abuse Classification Matter?

Having a crime classified as domestic abuse allows survivors access to special protections and programs, including domestic abuse protection orders. An abuser having a domestic abuse crime conviction on their criminal record will affect the way peace officers and other members of law enforcement access and treat certain situations.

Some offenses, such as assault, can receive penalty enhancements if they fall under the definition of domestic abuse. Assault becomes domestic assault​ if intimate partners are involved.

How Does Law Enforcement Approach Domestic Violence Calls?

Nebraska law enforcement receives special training​ for domestic abuse situations. This helps them when assessing a situation and determining the predominant aggressor. Any history of abuse also plays a part. They can also arrest an abuser without a warrant if they have reasonable cause to believe a domestic abuse protection order has been violated.

How Do I Keep My Abuser From Coming After Me?

One of the protections available to victims of domestic abuse in Nebraska is a domestic abuse protection order. While these restraining orders focus on keeping abusers away from their victims, they can also address other issues as well. This includes temporary child custody, child support, and determining who gets to remain in a shared dwelling.

These civil orders use provisions tailored for each case to provide relief for victims. Temporary orders can provide immediate protection from an abuser. Final orders issued after a court hearing last up to a year. Because they’re so important, we’ve devoted an entire article to Nebraska’s protective order laws. It’ll show you what you need to know about Nebraska protective orders.

If an abuser violates a domestic abuse protection order, they face serious penalties. These include:

• First violation (Class I misdemeanor): Up to a year in jail and a fine of up to $1,000
• Any violation after the first (Class IV felony): Up to two years in prison and a fine of up to $10,000

These are in addition to whatever crimes were committed during the violation. The court can order the sentences served one after the other.

Is My Protective Order Good if I Leave the State?

Yes. U.S. states, territories, and tribes must recognize and enforce qualifying domestic violence protection orders from other jurisdictions under federal law. Even if you travel to a state that doesn’t, you’re covered under federal law. Keep a copy of your protection order on you at all times. If you’re staying in one location for a while, give a copy of your order to local law enforcement, along with a photo of the person it was issued against.

Protecting Your Address

The Nebraska Address Confidentiality Program (ACP)​ provides a second legal mailing address. This is used for public records such as voting registration and driver’s licenses. Some records aren’t eligible. The ACP also forwards first-class mail to the victim’s address. There’s no charge for the ACP.

Protections for Renters Experiencing Domestic Abuse

Victims of domestic abuse shouldn’t have an escape thwarted by lease violation penalties. The state of Nebraska agrees. Victims can make a legal break of a lease without incurring any penalties​. They must give the landlord at least 14 days’ notice, and provide the documentation the statute allows, such as a protection order or other qualifying written verification specified by law. They are responsible for all rent owed until they leave

Will My Soon-To-Be-Former Spouse‘s Domestic Abuse Conviction Have Any Effect on Our Divorce Proceedings?

Nebraska is a no-fault divorce state. That means the court can grant a divorce on the ground that the marriage is an irretrievable breakdown, and it does not require both spouses to want the divorce. Domestic abuse is not required to get a divorce, but evidence of abuse can be relevant to safety-related temporary orders, as well as custody and parenting-time decisions. The court can also assign a protection order during the proceedings​ if it thinks your safety is in question. An order for custody of minor children is possible if child abuse is an issue.

Does Domestic Abuse Affect Child Custody?

Courts generally focus on the best interests of the child, regardless of what the parents may want. In most instances, that means having both parents involved in the raising of and decision-making for their children. However, when domestic abuse is involved, what’s best for a minor child may change.

If domestic abuse remains a problem​ or if child abuse is involved, there can be court-ordered restrictions or denial of custody, parenting time, and visitation rights. For matters as important as divorce and child custody, having a skilled family law attorney​ or divorce attorney​ on your side is crucial.

Programs, Resources, and Services for Victims of Domestic Violence in Nebraska

• Nebraska Legal Resources and Information – Nebraska Judicial Branch​
• Planning Your Escape – Make a Safety Plan​
• Map of Nebraska Domestic and Sexual Violence Programs​
• Nebraska County Court Contacts​
• Domestic Violence Organizations​

Related Resources

• National Domestic Violence Hotline​ (800.799.7233)
• Nebraska Coalition To End Sexual and Domestic Violence​
• Nebraska Protective Orders Laws​
• Nebraska Domestic Violence Laws​

Where To Find Legal Help

If you’re facing domestic abuse or a threat of violence, call 911. When the time is right, talk to a Nebraska family law attorney​ for help with whatever issues you’re facing. Their legal assistance can help you find a better life.

If you’re facing domestic violence charges, your future freedom is in jeopardy. A Nebraska criminal defense attorney​ is an absolute necessity. They’ll examine your case, explain your options, and stand with you in court.