A restraining order in Omaha prevents one person from having contact with another. This can be ordered between two people or between one person and a group of others, such as family members. Anyone experiencing domestic violence can file a restraining order, but its legal efficacy would depend on whether the parties fall under the jurisdiction of the court.
Harassment and Domestic Violence Restraining Orders
A protection order that’s not related to domestic violence is typically known as a harassment protection order. This applies when the parties have not had an intimate relationship in the past, so it could be someone that the petitioner does not know who won’t leave them alone like a co-worker, a former friend, or even a distant family member.
If a case involves two people who have been in a domestic or intimate relationship, a domestic violence protection order could be put into place. The definitions of domestic violence are broad, so it is important to talk to an experienced attorney who can walk you through the nuances of these complicated issues.
Role of an Attorney
A diligent lawyer can greatly limit the damage that a person faces from a restraining order in Omaha. Additionally, several things can be done to obtain information, such as taking of depositions, to help refute the domestic violence protection order as well as the underlying criminal case. However, it is important to note that depositions are only available in felony cases – not misdemeanor cases.
Consequences for Violating a Restraining Order in Omaha
An arrest warrant can be issued for a person who violates a restraining order in Omaha. Furthermore, the victim of such a violation could seek a private warrant, which is unique to Omaha. The most typical consequence that a person faces is the police are called and new charges are filed for violating the restraining order.
Ex Parte Orders
Almost all restraining orders are granted on an ex parte basis, meaning that the person who seeks either a domestic violence protection order or a harassment order fills out some forms and files them in the court. Then, that person goes before the judge, who reviews the affidavit that was filled out and decides whether the case proceeds.
An ex parte order can be issued without the other party having been heard from at all, so it is granted temporarily – usually for one to two years, but the person who took out the order needs to take certain steps to extend it for an additional year. An ex parte order can be extended if the threat continues and if the person still wants the order to continue.
If the restrained party wants to respond as soon as they are served, they can file a notice stating that they object to the order. They would then have to appear in court later to show why the order should not be imposed.
Impact on a Criminal Case
A violation of a restraining order can lead to criminal charges. Alternatively, compliance with an order can help a person’s criminal case because it is an additional safeguard against further contact.
For this reason, it is important to comply with Omaha restraining orders and talk to a lawyer who is familiar with the impact they can have on your case
Ask an Attorney about Omaha Restraining Orders Today
A dedicated lawyer from Berry Law can help you understand the implications and nuances associated with filing for an Omaha restraining order. Let one of our team members help you defend allegations of domestic violence or harassment and protect your rights in and out of the courtroom. Call us today to set up a confidential consultation with a professional on our team.