"Protection order" is a term that can take on many meanings for the average person. Often times people need a protection order from harassment or domestic violence, and there are special procedures, when a family law case may not even be pending for a protection order to be entered. Protection orders can be entered concerning any other individual (not necessarily a family member) if the facts support an order.
Nebraska Protection orders are special orders signed by the court that prohibit another person from certain conduct. Depending on the specific protection order signed another party may be excluded from the home, prohibited from contacting the other party and/or prohibited from being at certain locations (such as the other party's home or work.)
Protection orders can also be used in certain circumstances to award temporary custody of minor children of the two parties.
When a party obtains a protection order and serves it on the other party, the respondent only has a limited period of time to request a hearing on the protection order. Protection orders can be in effect for up to a year, and can result in a party being arrested if the order is violated.
While protection orders are appropriate in certain cases, it is important to make sure that they are not used inappropriately. If you are served with a protection order your time to respond to the order is limited.
Violating a protection order entered pursuant Nebraska law is a criminal offense that can lead to jail time.
Blinn & Rees, PC, LLO attorneys represent parties in protection orders and can explain your rights and the procedure for the order, regardless of which side of the order you are on. If you have just been served with an order, it is important not to miss the deadline to request a hearing.
Restraining orders are the term better used when an actual family law case is pending. A restraining order may prohibit someone from a variety of actions. These actions may include for example:
- Selling property
- Spending money on items other than the necessities of life
- Entering a marital residence
- Disposing of certain property while a case is pending.
- Harassing or threatening the other party
These are just a few of the items that can be considered for a restraining order.