Omaha Domestic Violence Defense Attorneys

Over 22 Years Defending the Falsely Accused in Omaha

In Nebraska, a domestic violence call requires an arrest. A neighbor calls about an argument next door. Police arrive to find it’s already over. The couple tells conflicting stories, and someone gets arrested regardless. If that person is you, the next steps matter enormously.

At McGoughLaw P.C. L.L.O., a majority of our clients have been falsely accused. We start preparing your case for trial immediately upon engagement. We understand the consequences a domestic violence charge carries and the restraining order that commonly follows. Our Omaha domestic violence attorneys know how quickly emotions escalate, especially when alcohol or drugs are involved.

How Protection Orders Work in Omaha Domestic Violence Cases

After an arrest, many people are surprised to learn that a separate civil protection order case may be filed alongside the criminal charge. In Douglas County and Sarpy County, a protection order can affect where you live, whether you can return to your home, and how or whether you can see your children while the case is pending.

We walk you through the difference between an ex parte order issued without a hearing and a full order entered after a court date, so you understand what the judge has actually decided and what it means for your daily life. We also help you prepare for protection order hearings in the Douglas County District Court by gathering messages, emails, and witnesses who can show the broader context of the relationship.

Violating a domestic abuse protection order is a Class I misdemeanor under Nebraska law; second and subsequent violations are elevated to a Class IV felony. Because a violation is a separate criminal charge, we explain the boundaries of any order in plain language and help you build routines that can keep you in compliance. The Douglas County Domestic Violence Prosecution Unit is a dedicated unit within the Douglas County Attorney’s office focused entirely on prosecuting these cases aggressively, which makes early, coordinated defense critical from the moment of arrest.

Third-Degree Domestic Assault in Nebraska: Penalties & Defense

Under Neb. Rev. Stat. 28-323, third-degree domestic assault applies to anyone who intentionally, knowingly, or recklessly causes bodily injury to an intimate partner or threatens an intimate partner with imminent bodily injury. That last element matters: you can be arrested without having physically touched anyone if the alleged threat meets the statutory threshold.

Penalties for Third-Degree Domestic Assault

A first offense is a Class I misdemeanor, punishable by up to one year in jail and a fine of up to $1,000. A second conviction is elevated to a Class IIIA felony, carrying up to three years in prison and a $10,000 fine. A misdemeanor domestic violence conviction also results in loss of the right to possess a firearm for seven years under Nebraska law. A felony conviction results in a permanent firearm prohibition under both Nebraska and federal law under 18 U.S.C. 922(g).

How We Analyze the Evidence

These cases are typically handled in Douglas County Court or Sarpy County Court, and prosecutors move quickly, building their case from police reports, 911 recordings, and witness statements. Our team analyzes whether the evidence actually meets each element of the legal definition and whether the state can prove the charge beyond a reasonable doubt. By examining how officers conducted their investigation and whether proper procedures were followed, we identify weaknesses that can support reduced charges or dismissal.

When Domestic Violence Becomes a Felony in Nebraska

First-degree domestic assault involves intentionally and knowingly causing serious bodily injury to an intimate partner. Under Nebraska law, it’s a Class ID felony carrying a mandatory minimum of three years and a maximum of 50 years in prison. Subsequent convictions are punished as Class IB felonies, with a mandatory minimum of 15 years. Second-degree domestic assault, which involves causing bodily injury with a dangerous instrument, is a Class IIA felony.

Whether a case is filed as a felony often depends on the severity of the alleged injuries, the presence of prior convictions, and whether a weapon was involved. Felony-level cases are heard in the Douglas County District Court in Omaha, and a conviction can affect your ability to possess firearms, obtain certain jobs, or maintain professional licenses. We review your criminal history, the charging documents, and any enhancement allegations to determine whether the felony classification is proper and to explore opportunities to challenge or negotiate the charge level.