Your Strong Legal Defense Starts Here
Omaha Domestic Violence Defense Lawyers
Omaha domestic violence defense lawyers ensure you understand the criminal court process, respond properly to motions, evidence, and hearings, and can help seek the best possible outcome given the facts of your case.
As Seen On
Understanding Domestic Violence and Related Charges
In Nebraska, domestic violence (domestic assault) refers to acts of harm, threats, or coercion involving people in a close relational context. These may include hitting, slapping, choking, pushing, or other forms of physical harm, as well as threats or menacing conduct.
A domestic violence assault charge may cover causing bodily injury or threatening injury to the accuser or alleged victim. Courts may treat “dating violence” similarly, but classification of the charge depends in part on the seriousness of harm, prior history, use of weapons, and the specific relationship between parties.
Types of Domestic Violence Allegations
There is a significant difference between a genuine allegation backed by evidence and a false allegation motivated by anger, revenge, or misunderstanding. The law still protects the presumption of innocent until proven guilty, meaning the burden is on the prosecution to prove the case beyond a reasonable doubt.
An accuser brings the complaint, but your criminal defense lawyers may challenge their credibility, consistency, or motives, seek inconsistencies in statements, weigh forensic or medical evidence, and find corroborating witnesses to undermine weak claims.
Family and Relationship Context
Domestic violence cases often involve spouses, partners, exes, or former intimate partners. However, the presence of children may complicate matters, as allegations of abuse can spill over into family court to determine custody, visitation, or child welfare. Omaha courts may limit access or require supervised visitation for the accused parent, especially if a protective order is in place.
Legal Consequences of Domestic Violence
Penalties for domestic violence vary based on seriousness, prior record, use of a weapon, and injury. Outcomes include misdemeanor domestic assault, second-degree domestic assault, and first-degree domestic assault.
First-degree domestic assault is punishable by up to one year in jail and fines of up to $1000. Second-degree assault is a Class IIIA felony for a first offense, and first-degree domestic assault can be punishable by several years or even decades in prison.
Protective Orders and Immediate Impact
Courts can issue an emergency protective order or domestic abuse protection order shortly after an incident or arrest, which restricts your contact with the accuser and could require you to vacate a residence or stay away from certain locations.
Claims of harassment or stalking, in addition to domestic violence, can trigger separate charges and compound the legal risk. Contact Dornan Law Team for more information.
Building a Strong Defense Strategy
You are typically booked, held in custody, or released on bond and face initial hearings when arrested in a domestic violence criminal case. The state will file charging documents, and prosecutors will gather evidence, while your lawyer analyzes police reports, interviews witnesses, and obtains surveillance or medical records to challenge procedural or constitutional errors in your defense.
FAQ
What happens if I am arrested for domestic violence in Omaha?
You will be booked, fingerprinted, and held or released on bond, then the case proceeds to a first hearing where charges are formally read.
Can false allegations of domestic violence ruin my case?
False allegations can be harmful, but experienced defense attorneys probe statements, examine inconsistencies, seek surveillance or third-party witnesses, and argue a lack of proof or motive.
Will a domestic violence conviction affect child custody?
Family courts weigh the history of domestic violence heavily in custody and visitation decisions, often leading to supervised visitation, loss of custody rights, or restrictions on contact.
Can I claim self-defense in a domestic violence case?
Self-defense claims must meet specific standards, including that the defendant believed they faced imminent harm, responded proportionally, and had no safe alternative.
Contact Omaha Domestic Violence Defense Lawyers Today
Reach out to an experienced Omaha domestic violence defense lawyer for prompt and skilled case evaluation and legal advocacy. Schedule a free consultation with the Dornan Law Team today.
