Omaha Domestic Violence Defense Attorneys

Protect Your Rights Against Domestic Violence Accusations - Call (402) 614-8655

In Nebraska, a domestic violence call requires an arrest. Frequently, a call comes in from a neighbor, concerned about an argument next door. The police arrive on the scene to find that the argument is over. The couple involved in the argument each tells a different story, but the police are required to arrest someone. If you are the person arrested, you need the help of an Omaha domestic violence defense attorney.

At McGoughLaw P.C. L.L.O., a majority of our clients have been falsely accused. We start preparing your case to go to trial immediately. We understand the consequences of a domestic violence charge and the restraining order that commonly comes with it. Our Omaha domestic violence attorneys know how easily emotions can get out of hand, especially if 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 in addition to 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 if you can see your children while the case is pending. 

Our Omaha domestic violence defense attorneys 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 day-to-day 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 protection order is a separate crime, so we explain the boundaries of any order in plain language and help you build routines that keep you in compliance. 

When you work with a domestic violence lawyer Omaha residents turn to for guidance, you have a team focused on both the criminal and civil sides of your situation, aiming to protect your record and your long-term family relationships.

Understanding 3rd Degree Domestic Assault in Nebraska

3rd degree domestic assault in Nebraska consists of the following:

• intentionally or knowingly causing physical injury to an intimate partner
• threatening an intimate partner in a menacing manner.

Assault in this degree is a Class 1 misdemeanor if it was your first offense.

These cases are typically handled in the Douglas County Court or the Sarpy County Court, and prosecutors will often move quickly to build a case based on police reports, 911 recordings, and witness statements. 

Our Omaha domestic violence defense attorneys take time to analyze whether the evidence actually meets the legal definition of 3rd degree domestic assault and whether the state can prove each element beyond a reasonable doubt. By examining how officers conducted their investigation and whether your rights were respected at every step, we work to identify weaknesses that can be used to pursue reduced charges or a dismissal.

Domestic Violence Charges: Is It a Felony in Nebraska? Our Omaha Domestic Violence Defense Attorney Answers

Domestic Violence can be a felony if you are convicted of first-degree domestic violence; any subsequent convictions are class 2 felonies. 2nd and 3rd degree domestic violence can be charged as felonies.

Whether a case is filed as a felony in Nebraska often depends on factors such as the severity of any injuries, the presence of prior convictions, and whether a weapon was allegedly involved. Felony-level accusations are usually 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 if the felony classification is proper and to explore opportunities to challenge or negotiate the level of the charge.