Because it is such a sensitive topic, allegations of domestic violence are aggressively pursued by the government and, as a result, a person’s reputation can be severely damaged with an accusation. Domestic violence can include acts of assault against family members or intimate partners.
When facing allegations of domestic violence, it is vital to reach out to an Omaha domestic violence lawyer as soon as possible. A proactive defense attorney with Berry Law can fight the charges you are facing and work towards a positive outcome for your case.
Domestic Violence Laws
The Nebraska Legislature defines domestic assault and the penalties associated with violations of the law in Statute 28-323. This law applies specifically to interactions between a person and their intimate partner. An intimate partner includes the following:
- Former spouse
- A person with whom someone has a child in common with
- People who are dating or have dated
There are three degrees of domestic assault. The first degree is charged when the actor allegedly intentionally causes serious physical harm to an intimate partner. A first violation is a Class IIA felony which is punishable by up to twenty years imprisonment. A subsequent violation is a Class II felony.
Second-degree domestic assault is when someone causes some form of physical harm to an intimate partner with a “dangerous instrument.” If a person violates this law, the court can find him or her guilty of committing a Class IIIA felony for a first offense, punishable by up to three years in prison and /or a fine of up to $10,000. A subsequent offense is considered a Class IIA felony.
Third-degree domestic assault includes allegedly intentionally and knowingly causing bodily harm to an intimate partner or threatens that person imminent bodily injury or in a menacing manner. This is a Class I misdemeanor, which is punishable by up to one-year imprisonment and/or a fine of up to $1,000. Any subsequent offense is a Class IIIA felony.
Effects of a Conviction in Omaha
Charges and convictions related to domestic violence may have both criminal and civil legal consequences. Certain allegations under this statute are considered felonies. Felonies can stay on a person’s public record and affect his or her ability to vote, buy a gun, and work in certain career fields. In addition, it carries heavy sentences, including a maximum jail sentence of 50 years.
Civil consequences may include effects on a person’s divorce proceedings and custody determinations. The court may also issue an order of protection which limits the interactions a person can have with his or her alleged victim. Violations of orders of protections may have additional penalties. Because of the far-reaching consequences of these offenses, it is crucial to work with an Omaha domestic violence lawyer.
Contact an Omaha Domestic Violence Attorney Today
Oftentimes, cases involving domestic violence encompass many emotions and hurt feelings. This makes these cases especially difficult. A diligent attorney can listen to your side of the story and help you wade through all the various issues involved. The sooner Omaha domestic violence lawyer is on your case, the sooner they can start fighting the charges against you. Call Berry Law today to schedule a confidential consultation.