Domestic Violence,
Protection & Restraining Orders

Domestic violence is one of the most difficult issues involved in a divorce. Our number one concern is the safety of our clients and the safety of the children in these situations.

One of the first questions to ask is, where do we go? If you believe that you or your children are in any danger, it is a good idea to remove yourselves from the present situation immediately, for example, go to the home of a family member or friend or to a shelter. Do not wait.

Restraining Order vs. Protection Order
At the beginning of a case we can immediately file a Restraining Order. However, in Nebraska if the other spouse has a history of violence it may make more sense to have a Protection Order entered. A Protection Order is essentially the same as a Restraining Order, in that they are both court orders that order a person to not harass, threaten, abuse, or disturb the peace of the other person.

A major difference between a Restraining Order and a Protection Order is that a Restraining Order can only be between spouses, whereas a Protection Order can be between two people who were not married to each other. But a more important difference is that it appears that law enforcement officers seem to believe they have more authority to arrest a violator under a Protection Order than under a Restraining Order. For that reason, when there is a history of violence, we usually recommend a Protection Order.

Filing A Protection Order
The other critical difference between a Protection Order and a Restraining Order is that you have to handle getting the Protection Order yourself, we can only handle getting the Restraining Order. The Protection Order involves you going to the Courthouse and filling out all the necessary paperwork. You must also pay a filing fee($58) in addition to the filing fee for the divorce ($81). You must also pay the sheriff's fees for service of the papers upon your spouse in addition to the service fees for the divorce (approximately $25 for each).

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