Omaha Domestic Violence Attorney

Domestic violence cases have taken on a whole new dimension in the last few years and are now one of the most often charged cases in the criminal justice system. Under Nebraska law, there is a mandatory arrest requirement whenever the police respond to a domestic violence incident. As a consequence, these cases are now being charged at alarming rates, even if the only evidence is the word of one person, whether true of false.

Even if the person who called 911 recants their allegation, exhibits no signs of injury or begs the police not to arrest, the arrest will be made and will result minimally in a temporary no contact order which prevents the person from even returning to their own home. Once charged by the State, the no contact order will usually extend until the case is resolved and may extend well into the future if the client is placed on probation. If placed on probation, the supervision fees and expenses of anger management and batters intervention courses can exceed several thousand dollars.

Unfortunately, laws intended to protect victims, have victimized many innocent people. We aggressively fight to protect the right of our clients and will use every available tactic to level the playing field. In many cases, the State will not even consider dropping charges even if the alleged victim recants their allegation and does not appear in court. Regrettably, the State takes the position that "an alleged victim" would never fabricate a claim of abuse and therefore, any recantation must be a result of the defendant pressuring or intimidating the victim.

There are serious consequences for a domestic violence conviction. To begin, courts routinely place defendants on extended periods of probation and order treatment classes. During the period of probation, defendants often cannot even return to their own home if the victim continues to live there. If the allegations involve threats of serious violence or actual violence, courts will usually order probation and jail or prison time. Finally, any domestic violence conviction, be it a misdemeanor or felony, results in a lifetime ban of possessing or owning firearms under Federal law.

Defending these cases requires a considerable amount of legal expertise. A keen understanding of the law, coupled with an aggressive investigation of the alleged incident will often result in a dismissal of the charges or a win at trial. If you would like a free consultation regarding your criminal case, please contact our Omaha criminal defense lawyers to discuss your case. Let us put our vast resources and experience to work for you.