Police officers in Lincoln take allegations of domestic violence very seriously. Even if you have been falsely accused, you will likely face immediate consequences.
At Berry Law, our attorneys provide skilled legal representation against domestic assault charges. To make an appointment with a Lincoln domestic violence lawyer, call or contact us online.
What is an Act of Domestic Violence?
According to Nebraska Revised Statutes §28-323, domestic violence is characterized by a person inflicting or threatening to inflict physical or emotional abuse on a member of his or her household. This often occurs between spouses or domestic partners, but it can also occur between parents, children, siblings, roommates, or significant others.
The charges for committing domestic violence vary depending on the severity of the alleged victim’s injuries. For example, a first-time conviction for domestic assault in the third degree – the least severe level of offense – is a Class I misdemeanor.
Subsequent offenses raise the charge to a Class IIIA felony. Furthermore, the penalties can become enhanced if the bodily harm is serious or involves the use of a dangerous weapon.
Many people do not hire a lawyer after being arrested for domestic violence because they are embarrassed or do not believe the charge will have consequences. However, a conviction of domestic assault in Lincoln can have a serious impact on your life.
According to Neb. Rev. Stat. §42-924, any victim of domestic abuse may file a petition in a criminal court for an immediate order of protection. Temporary protection orders may include:
- Restrictions on contacting the protected party;
- An order to vacate a shared home;
- Terms on maintaining a certain distance from the accuser and his or her home and workplace;
- Provisions for children and others living in the home;
- An order to attend counseling; and
- Loss of gun rights.
If a judge decides that a temporary protective order is appropriate, it goes into immediate effect.
Violating a protection order may result in an immediate arrest. The law states that a violation of a domestic violence protective order is a Class 1 misdemeanor and is a separate charge from the core allegation of domestic violence.
It is therefore essential for defendants in domestic violence cases to take swift action to protect their rights long before a case goes to trial. We can even help you request a hearing to dispute whether the imposition of a protective order is appropriate in your case. A Lincoln domestic abuse attorney from Berry Law will work tirelessly to defend you against criminal charges.
Impact of a Domestic Violence Conviction
A conviction for domestic violence will result in fines or even jail time. Other charges that may be related to a domestic relationship such as stalking or kidnapping are also serious matters that can enhance penalties associated with a domestic assault conviction.
It is also important to note that a conviction for an instance of domestic abuse can be used as evidence in civil protection order hearings. For this reason, it is especially crucial for an accused individual to retain the services of an experienced lawyer.
Get in Touch with a Lincoln Domestic Violence Attorney Today
Facing allegations of domestic violence can be overwhelming. Not only could a conviction result in serious penalties like fines and jail time, but an accusation alone could result in the imposition of restrictive protective orders. Even before a case goes to trial, a protective order could force you to move out of a home, leave a job, cease contact with your children, and surrender your firearms.
From day one, a Lincoln domestic violence lawyer will be prepared to protect your interests. Contact our team of dedicated attorneys today to get started on your defense.