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What happens if someone files an order of protection against you?

On Behalf of | Jun 23, 2020 | Domestic Violence |

Domestic violence accusations carry significant weight. If someone has made them against you, they will likely come along with an order of protection. This order enforces distance between you and your accuser over a set period. Yet, if you believe their allegations lack merit, you have the right to challenge it.

How an order of protection works

Nebraska law requires your accuser to file an initial ex parte order, which will protect them from possible harm before a hearing occurs. If a judge decides your situation warrants its continuation, they will issue a protection order. This order will remain effective for one year. After this period, your accuser has the option of filing yearly renewals.

If a judge issues a protection order, it will prevent you from:

  • Communicating with or contacting your accuser
  • Harming or threatening your accuser
  • Owning or purchasing a firearm
  • Remaining in the accuser’s residence, no matter if you own it
  • Retaining custody of any children you have together over a 90-day period
  • Visiting anywhere the court declares you must stay away from

Contesting an order of protection

You may believe your accuser’s order of protection lacks basis. In this case, you can motion for a hearing to contest it. After receiving the ex parte order, you have 10 business days to make your request. At the hearing, a judge will either cancel the ex parte order or enforce a protection order. Their ruling may depend on witness testimony or evidence you provide that supports your case. If you do not show up for your hearing, the judge will likely rule in favor of your accuser.

Because domestic violence is a serious offense, any accusations against you will hold gravity. If you’re facing them, an attorney can help you chart a path forward.