In Nebraska, violating a harassment protection order is a serious offense with significant consequences. Below, Liberty Law Group explains what a harassment protection order is, what it means to break such an order, and how someone who is convicted faces the real possibility of jail time, fines, or both. Understanding how this law works, its penalties, and available defenses is vital for anyone facing these charges.
Omaha Protection Order Defense Attorney
The attorneys at Liberty Law Group are ready to provide defense for those charged with violating a harassment protection order. In Nebraska, violating a protection order can carry severe consequences, and strong legal representation is highly recommended for anyone charged with doing so.
If you or a loved one have been charged with violating a harassment protection order, call our firm at (402) 865-0501 to request a free consultation to discuss the facts of your case.
Violation of a Harassment Protection Order
- How Violations of Harassment Protection Orders are Defined in Nebraska
- Penalties for Violating Harassment Protection Orders in Nebraska
- Possible Defenses for Violating a Harassment Protection Order
- How an Attorney Can Help Someone Charged With Violating a Harassment Protection Order
- Additional Resources
What is a Violation of a Harassment Protection Order in Nebraska?
A harassment protection order is a legal document issued by a court to prevent one person (the respondent) from engaging in certain behaviors towards another person (the petitioner) who has experienced harassment.
According to Nebraska Revised Statute 28-311.09, a violation of this order occurs when the respondent, who has been legally notified of the order, fails to comply with the terms set by the court. The order typically prohibits the respondent from:
- Restricting the petitioner’s freedom or personal movement.
- Engaging in actions that disturb the peace of the petitioner, including harassment, threats, physical assault, or any form of molestation.
- Communicating with the petitioner in any way, which includes phone calls, messages, or any other forms of contact.
The process of obtaining a harassment protection order involves the petitioner filing a petition and affidavit with the court. This document generally details the incidents of harassment, including dates and descriptions of the most severe incidents. The court may issue this order without requiring the petitioner to pay a bond and it is generally effective for a period of one year unless modified or dismissed by the court.
What are the Penalties for Violating a Harassment Protection Order in Nebraska?
In Nebraska, the violation of a harassment protection order is classified as a Class II misdemeanor. Under Nebraska Revised Statute 28-106, the penalties for a Class II misdemeanor include up to six months in jail and/or a fine of up to $1,000. The imposition of jail time, a fine, or both is at the discretion of the court based on the specifics of the violation and the individual case.
It is important to note that these penalties are solely for the violation of the harassment protection order itself. Any other criminal offenses that may occur in conjunction with the violation could result in additional charges.
In Nebraska, an individual charged with the offense of violating a harassment protection order may be eligible for probation as an alternative to going to jail. The probation period for misdemeanors, like the violation of a harassment protection order, can last up to two years. The conditions of probation typically include requirements like avoiding unlawful behavior, maintaining employment or education, and possibly attending counseling sessions.
Certain post-plea programs, such as Adult Court and Veterans Treatment Court, and certain diversion programs in Lancaster County, such as the Mental Health Diversion and Intensive Supervision Diversion, typically consider the violation of a protection order as an eligible offense. These programs focus on addressing underlying issues related to the offense and often include treatment and rehabilitation efforts. Successful completion of these programs can lead to the dismissal of charges.
What are Some Potential Defenses?
One primary defense is the lack of knowledge about the existence of the order. According to Nebraska law, if the respondent is not present at the hearing or has not been properly served with the order, they might argue that they were unaware of the order’s existence or its specific provisions. This defense entails demonstrating a lack of notice or service, as the law requires that the respondent be made aware of the order for it to be enforceable..
Moreover, the accused may argue that their actions did not constitute a violation of the specific terms of the order. This defense would require a close look of the order’s conditions and demonstrating that the alleged actions did not violate any specific conditions. For instance, actions that are not explicitly restricted by the order cannot be considered violations. Additionally, a defense could potentially be built around the concept of false allegations.
What Does a Criminal Defense Lawyer Do for Someone Accused of Violating a Harassment Protection Order?
A criminal defense lawyer in Nebraska assists a client charged with domestic violence crimes, including violating a harassment protection order. They start by understanding the details of the accusation and the specific terms of the order. They review the evidence and circumstances to develop a strategy. The lawyer represents the client in court, ensuring their rights are protected. The lawyer also guides the client through the legal process, explaining each step and offering advice. They work to achieve the best possible outcome, considering the client’s situation and the law.
Additional Resources
Proposed Nebraska Law To Extend Protection Orders – Lawmakers in Nebraska have proposed a new law aimed at extending the duration of protection orders from one year to five years. This proposal is set to be reviewed by the State Judiciary Committee, highlighting a significant potential change in the law to enhance the protection of victims of domestic violence in Nebraska.
Nebraska Protection Order Handbook – Developed by Legal Aid of Nebraska, this online resource offers a comprehensive overview of protection orders in Nebraska. It provides detailed information, resources, and contact details for government services related to protection orders. Additionally, the handbook includes guidance on what individuals can expect during a protection order hearing.
Find a Protection Order Defense Attorney in Omaha, Nebraska | Liberty Law Group
Our firm proudly serves Omaha in Douglas County, including Lincoln in Lancaster County, Papillion in Sarpy County, Fremont in Dodge County and Council Bluffs in Pottawattamie County, Iowa and the surrounding areas. If you or a loved one has been charged or is under investigation for violating a harassment protection order, don’t wait, call our firm immediately at (402) 865-0501 to request a free consultation to discuss the facts of your case.
