Domestic violence is defined as intentionally or knowingly causing bodily injury to an intimate partner. It is also defined as threatening an intimate partner with imminent bodily injury or in a menacing manner. The person does not have to physically strike someone, they can cause the other individual to be in imminent fear of that or they threaten them in a menacing manner.
Higher levels of offenses involve domestic violence in the second degree when an individual causes bodily injury to an intimate partner with a dangerous instrument. The penalties range between misdemeanors and serious felonies depending on the scope of the injury and whether a weapon was used. Because the penalties are steep, it is important to understand what to expect after Omaha domestic violence charges. A well-versed domestic violence lawyer can walk you through the criminal process and protect your rights each step of the way.
Protective Orders Following Domestic Violence Arrests
Following an arrest, a person may have a protective order against them. Protective orders usually involve no-contact orders. There can be no contact directly or indirectly between the accused and the alleged victim in the case. For example, judges frequently warn defendants to not contact the victim directly or indirectly through Facebook, text, or social media. When someone violates a no-contact order, their bond may be revoked and they could be sent back to jail.
Another type of protective order is an order that the parties meet in therapy. A judge may issue a protective order that says no contact other than meeting in therapy. However, depending on the circumstances, if a protective order involves no contact between the partners, one partner may visit the children as long as the other partner is not present.
Interacting with Children in Omaha Following Allegations
When an individual is charged with domestic violence, there may also be problems with child custody and visitation. Protective orders have the potential to put the person back in jail. An alleged victim may take out a civil domestic violence protection order that has other effects in a situation where the accused cannot visit their children or return to their home. If they do, they might be in violation of the bond on their criminal case and the protection order. A new crime is committed if they return to the home, visit their children, or contact the alleged victim in any way.
Resolution of a violation of a protection order is at the discretion of the prosecution. For example, if the prosecution hears about a potential violation of the no-contact order or the bond conditions, they can file a motion and inform the judge of the violation. Occasionally, the prosecution becomes aware of contacts, views them as harmless, and does not bring it the attention of the court. They might warn the defense counsel that it should not happen again.
Speak to an Attorney About What to Expect After Omaha Domestic Violence Charges
A special division of the county attorney’s office specializes in prosecuting domestic violence charges. The bond for domestic violence tends to be higher. The prosecution of domestic violence cases is tougher than typical assault cases. Therefore, it is important to work with an experienced attorney. To better understand what to expect after domestic violence charges in Omaha, call Berry Law today for a consultation.