Omaha Domestic Violence Attorneys

Your Trusted Legal Advocates Serving Lancaster, Sarpy, Saunders, Cass, Douglas, Seward Counties & Nearby Areas

Domestic violence cases are among the most complicated and sensitive areas of Nebraska criminal law. The complexities of these cases often stem from the highly emotional nature of the allegations. Unfortunately, accusations can be based on exaggerations, misrepresentations, or outright falsehoods.

Discrepancies in eyewitness testimony, a lack of physical evidence, and the “he-said, she-said” dynamics can make it difficult to discern the truth. These allegations can have a devastating impact on your life, including damage to your reputation, substantial fines, potential jail time, and more.

Retaining the services of an experienced criminal defense law firm is crucial in domestic violence cases. The sooner you contact Omaha DUI, the better, giving us more time to investigate the specifics of your case. We can then develop a legal strategy to help you fight back as we protect your rights and seek an optimum outcome.

Get a free case evaluation at Omaha DUI by contacting us online or at (402) 543-3754. You can speak directly with an Omaha domestic violence lawyer for advice. 

Understanding Domestic Violence in Nebraska

Nebraska domestic violence encompasses various scenarios, including physical assault, emotional abuse, sexual violence, and intimidation within a close relationship. This can involve married couples, former spouses, cohabitants, dating partners, parents who share a child regardless of marital status, or family members. 

Arrests can be triggered by a variety of incidents ranging from minor physical altercations to significant violence. It is common for many arguments to escalate, which can result in domestic violence charges if one party claims to feel threatened or harmed. These cases occur in individuals across all age groups, socioeconomic backgrounds, sexual orientations, and educational levels. 

In Nebraska, police officers have the discretion to decide whether or not to make an arrest when called to the scene of a domestic violence disturbance. They often consider various factors, such as the severity of the situation, evidence of violence or threats, and the need to ensure the safety of individuals involved. 

Specific Charges Related to Nebraska Domestic Violence

In Nebraska, domestic violence cases can lead to several specific charges depending on the nature and severity of the allegations. 

These charges can include:

• Domestic assault: A specific subset of assault focused on family or household members. Nebraska law categorizes domestic assault into three degrees, with varying levels of severity and corresponding punishments.
  • First degree: Involves intentionally causing serious bodily injury. This is a Class IIIA felony.
  • Second degree: Involves intentionally causing bodily injury with a dangerous instrument. This is a Class IIIA felony.
  • Third degree: Includes causing bodily injury or threatening imminent bodily injury. Typically, this is a Class I misdemeanor, but it can escalate to a felony for repeat offenders.
• False imprisonment: Detaining or restraining the alleged victim against their will. Depending on the circumstances, it can be classified as a misdemeanor or felony.
• Sexual assault: Encompasses a range of unwanted sexual behaviors with charges varying from misdemeanors to felonies based on the act’s severity, the victim’s age, and the relationship between the victim and defendant.
• Child abuse: Involves harming or neglecting a child in the household. Charges increase in severity based on the nature of the abuse and any previous instances. 
• Harassment & stalking: Repeatedly following, contacting, or intimidating an alleged victim. This can include cyberstalking.
• Violation of protective orders: Failure to comply with a court-issued restraining order can result in additional criminal charges and harsher penalties, depending on the breach's nature.

Understanding the specific charges and potential defenses can be vital in effectively navigating a domestic violence case. A tailored defense strategy, recognizing the nuances of each charge, can improve your legal standing and help mitigate the potential consequences of a conviction, emphasizing the importance of legal guidance tailored to your circumstances.