No one ever expects to need legal protection from another person. However, if you find yourself in this position, you want to be sure that a family law judge grants your petition for protection as quickly as possible. If you’re looking for protection in the form of a restraining order, make sure you understand the laws in your area so this process can move swiftly.

What You Need to Know About Restraining Orders

What kinds of protection orders are there? 

There are three main types of protection orders that a Nebraska family law judge can grant.

• Domestic Abuse Protection Order: Used to protect an individual from a spouse, partner, or other live-in family member. This type of order is granted after violence has been attempted, threatened, or committed against the petitioner.
• Harassment Protection Order: Protects an individual from anyone who has attempted to harass, intimidate, or frighten them. This order can only be granted if the petitioner can show a pattern of phone messages, emails, or other contact attempts made by the same person.
• Sexual Assault Protection Order: This type of order protects an individual from someone—a family member, spouse, or complete stranger—who has committed sexual misconduct against them. Typically, evidence of rape or inappropriate sexual contact must be shown to the family law judge.

How much will a restraining order cost me?

Other than the fees you might pay a local attorney to help you file the petition, there are no expenses charged by the court. However, if the judge determines that you’ve lied on the petition in order to obtain the restraining order, they may impose a fine.

How does a restraining order protect me?

Once the order of protection has been granted, the offending party and their criminal attorneys will be notified. If the individual violates the protection order by attempting to make contact with you (or, in some cases, with your family members), you can call the police to enforce the order. The individual will be arrested and charged for violating the order.

How is a restraining order enforced?

Violating a protection order in Nebraska is a crime and carries various penalties, depending on the circumstances. For instance, the first violation of a restraining order is considered a class II misdemeanor, which carries a jail term of six months and a fine of $1,000. If an individual has previously violated a protection order, the second violation is a class I misdemeanor, which carries a jail term of up to one year and a $1,000 fine. However, if the individual violates the same restraining order twice, this is considered a class IV felony. As such, a conviction carries a two-year prison term, 12 months of probation, and a fine of up to $10,000.

If you are looking for a family lawyer to help draft a petition for your protection, Reagan, Melton, & Delaney LLP can help. Practicing in Lincoln and Bellvue, NE, this firm offers 15 years of experience with legal representation to Lincoln, Omaha, and the surrounding communities. Reach out online today, or call (402) 476-6585 to set up a consultation at Lincoln and (402) 932-9494 to set one up at Bellvue.