Nebraska Criminal & Trial Lawyers

Domestic Violence Defense Attorneys in Omaha

Protecting Your Rights in Accusations of Domestic Violence - Call (402) 614-8655

Distressed woman - Nebraska domestic violence laws

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 tell 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 lawyer.

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.

Why Choose Us?

  • We are experienced trial lawyers who are not afraid to take your case to court.
  • We use a team approach to get a full view of your situation and to make sure that when you call with a question or concern, you get an answer quickly instead of having to wait for a single attorney to return your call.

Facing charges for domestic violence in Nebraska? For a consultation with our team, please call us at (402) 614-8655

What is 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.

Is Domestic Violence a Felony in Nebraska?

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

What Are The Main Reasons That Domestic Violence Cases Get Dismissed?

The main reasons that domestic violence cases get dismissed are:

  • The Accuser is Uncooperative with Prosecution. domestic violence cases are dismissed is that the alleged victim stops cooperating with the prosecution of the case. Sometimes this means that the prosecutor cannot prove the case without their help.
  • Nothing to Corroborate the Accuser’s Account. If there was no form of struggle such as a 911 call at the time of the assault, pictures, video evidence, the case could be dismissed.
  • The Accuser Has Their Own Attorney and/or a 5th Amendment Privilege. The alleged victim may become unavailable to the prosecution as a witness because he or she has a right not to say anything that would establish their (the alleged victim's) criminal conduct.
  • The Accuser Has Made Prior False Accusations. Sometimes the alleged victim has a history of making accusations that are not supported by evidence or that they later disavow.

What Should You Do If Accused of Domestic Violence?

Nebraskan law takes crimes of domestic violence very seriously. If you are facing allegations of domestic violence, then you could also be facing a plethora of detrimental effects on your life. This potentially includes jail time, fees, damage to your reputation, and even revocation of child custody or visitation rights depending on your situation.

When dealing with the aftermath of an accusation of domestic violence, FindLaw gives pointers on what you might want to consider doing. One big piece of advice is to keep the situation from escalating. This means don't engage in arguments, don't say anything that can be used against you in court, and don't give the person accusing you any potential ammunition.

In certain cases, accusers have also been known to substantiate false evidence. To help keep this from happening, change your passwords and hide your electronics. Make sure the accuser never has the chance to send texts or emails from your accounts to use against you.

Make sure you alert your family and loved ones to your current situation as well. In many cases of false or exaggerated domestic violence accusations, the accuser may try to get more people on their side by turning family members or friends against you. By alerting everyone to what is happening, you prevent them from getting tied up in a false narrative.

If you have been accused of domestic violence, you may also want to contact an experienced Omaha domestic violence attorney. They know better than anyone how to handle these cases and can guide you through the most difficult parts as you strive to protect yourself.

Nebraska Lawyers with over 22 years of Experience

Under Nebraska domestic violence laws, domestic violence is not just physical; it can also be sexual and psychological in nature. Legally, all that has to occur is for one person living in a household to feel threatened by another member of the household, whether or not the alleged threat has been carried out.

Members of your household include:

  • Spouses
  • Partners
  • Boyfriends or girlfriends
  • Children
  • Other people related by blood or by marriage

Domestic violence accusations can be made in the heat of anger or out of spite. If your domestic violence arrest occurs during a divorce, it is not uncommon for abuse allegations to come up as well to gain an upper hand in the divorce proceedings. We are aggressive in our investigation of your case. We uncover the facts and determine how to use them to get a favorable result.

Contact the Omaha domestic violence attorneys at McGoughLaw P.C. L.L.O., to learn about your rights under Nebraska domestic violence laws. Call (402) 614-8655 today.

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Client Success Stories

  • Theft
    Defendant was charged with embezzling more than $300,000.00, from a previous employer. At the deposition of the alleged victim, our firm highlighted a number of inconsistencies and questionable statements. The State agreed to dismiss all charges against our client. Defendant was charged with burglary. At the preliminary hearing, we created a record that established that the State had very little corroborated evidence against our client. After the hearing, we filed a motion to suppress, arguing that the charges should be dismissed because the State could not prove that our client was involved in the burglary. Shortly before a hearing on our motion, the State contacted us and agreed to dismiss all charges against our client. Defendant was charged in federal court with embezzling several thousand dollars. Following our investigation and providing relevant information to the Government and the Court, the Court agreed to sentence our client to probation with no jail time. Defendant was charged in federal court with cheating the Government out of hundreds of thousands of dollars. Following our investigation and settlement negotiations with the Government, the Court agreed to sentence our client to probation without having to go to jail.
  • Other Offenses
    Defendant was charged with possession of child pornography and was previously represented by a different attorney. Defendant came to us for help because his current attorney was not able to get the matter resolved from Defendant. Following our investigation and presentation of materials to the State, the State agreed to dismiss all felony charges against our client. Based upon our presentation to the Court at sentencing, the Court agreed to sentence our client to probation without having to go to jail. Defendant was charged with carrying a concealed weapon. The matter proceeded to trial and the jury found our client Not Guilty. Defendant was charged in federal court with impersonating an officer. Following an investigation and information presented to the Government, the Government agreed to dismiss the charges against our client. Defendant was charged with child endangerment and was previously represented by a different attorney. Defendant came to us for help because her current attorney was not able to get the matter resolved for Defendant. Following our investigation and presentation of materials to the State, the State agreed to dismiss all charges against our client. Defendant was previously sentenced to several years in prison. Defendant had been represented by a different lawyer. Our firm was asked to review the case to determine if there was anything that could be done to reduce Defendant's sentence. Following our investigation and presentation of materials to the State and Court, our client was re-sentenced to time served and released from prison.
  • Drug Possession
    Defendant was charged with possessing a large quantity of marijuana. Following a complete investigation by our firm, the State agreed to dismiss all charges against our client. Defendant was charged with carrying numerous pounds of marijuana. Following a suppression hearing where several statements made by the arresting officer were called into question, the State dismissed the felony possession charge. At sentencing, we presented evidence and information that convinced the Court to sentence our client to probation with no jail time. Defendant was charged with carrying numerous pounds of marijuana. Following a complete investigation by our firm, the State agreed to give the Defendant a deferred sentence which would not appear on his record. Our client avoided any criminal conviction and avoided a jail sentence. Defendant was charged with possessing drugs found at the airport. After our investigation and presentation of materials to the State, the State agreed to dismiss the charges against our client. Defendant was charged with possession of prescription drugs. Following a successful suppression hearing where the Court ruled that the State could not use certain evidence against our client, the State agreed to dismiss all felony charges against our client. At sentencing on a reduced misdemeanor charge, we were successful in convincing the Court to sentence our client to probation with no jail time. Defendant was charged with possession of prescription drugs while a student at college. After our investigation and presentation of materials to the State, the State agreed to refer the matter to diversion. This resulted in our client not having any criminal charges on his record. Defendant was charged with drug conspiracy and possession of a weapon. Following a hearing challenging the Government's evidence, the Court sustained our motion to suppress and ruled that the Government did not have probable cause to stop, detain or search our client.
  • Assaults
    Defendant was charged with child abuse resulting in death. Following the investigation of our firm, depositions of key witnesses and presentation of our findings to the prosecutor, the State agreed to dismiss the charges against our client. Defendant was charged with assaulting an officer. The matter proceeded to trial and the jury found our client not guilty. Defendant was charged with assault. Following our investigation and presentation of relevant information to the State, the State agreed to dismiss the charges against our client. Defendant was charged with assault with a deadly weapon. Following our investigation and presentation of materials to the State, the State agreed to dismiss all charges against our client.
  • Sexual Offenses
    Defendant was charged with sexual assault of a minor. At the deposition of the alleged victim, our firm got the alleged victim to confess that she made the whole thing up. Charges were dropped against our client. Defendant was charged with sexual assault. At the deposition of the alleged victim, a number of inconsistencies were identified and highlighted and the State dismissed all felony charges against our client. Defendant was charged with soliciting a minor from craigslist. After taking a deposition of the alleged victim, our firm was able to highlight a number of inconsistencies and questionable information and the State dismissed all felony charges against our client. Defendant was charged with sexual assault. During the deposition of the alleged victim, our firm got the alleged victim to admit that it was possible that all of the information provided to police was from a dream and was not real. The State dismissed all felony charges against our client. Defendant was charged with sexual abuse of a family member. Following a deposition of the alleged victim and complete investigation, demonstrating that a number of statements made by the alleged victim were questionable and inconsistent with other information, the State agreed to dismiss the charges. Defendant was charged with sexual assault. The matter proceeded to trial and the jury found there was insufficient evidence to convict the Defendant. Our client was never convicted of the charge. Defendant was charged with multiple counts of sexual assault on family members. The matter proceeded to trial and the jury found Defendant not guilty of two charges and found there was insufficient evidence to convict on a third charge. Before Defendant could be retried on the third offense, the State agreed to dismiss all sexual offenses against our client. Defendant was charged with a sexual assault that the State claimed happened several years ago when the Defendant was a minor. We filed a Motion to transfer the matter to juvenile court, arguing that the matter should be dismissed. After our hearing, the State agreed to dismiss charges against our client.

A Reputation Of Excellence

See What Our Clients Have To Say
  • “Thank you so much for all your hard work on my case which allowed me to be with my daughter and family for this holiday season.”

    M.L.

  • “ Keeping my record clean as possible means a lot to me and I couldn't have done it without you, thank you!”

    T.P.

  • “Nathan, thank you again for representing my case. I appreciate all the knowledge you provided and ensuring that I was in good hands.”

    A.K.

  • “Thank you and everyone that's working on my case in your office!”

    S.H.

  • “Your office got involved at the right time and did a phenomenal job on cross-examination of the witnesses.”

    R.W.

  • “Thank you for your constant help with this process.”

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  • “Jim, thank you for everything. ”

    M.H.

  • “Nathan, thank you so very much for getting this matter handled for me so quickly! ”

    S.M

  • “Don't look any further than McGough Law Firm if you want the best!!!”

    GJT

  • “Jim is the best lawyer I've seen and I was very pleased.”

    J.M.

  • “Thank you so much Jim for everything you have been doing on my case, you are greatly appreciated.”

    S.H.

  • “Thank you to everyone for working on my son's case.”

    R.M

  • “I was very pleased with the outcome of my case and all the work the Jim and everyone did for me.”

    S.B.

  • “Please allow me to offer a HUGE thank you for your exemplary legal representation.”

    C.V

  • “We really appreciate all of your hard work, time, and concern.”

    B.B