Domestic Violence and Protection Orders
If domestic violence is a concern in your case, our team at Koenig|Dunne understands what is at stake. We will exercise every precaution to assure your safety and that of your children. Confidentiality, safety plans, and protection orders are given our highest priority.
You may be a victim of domestic violence if your partner’s actions fit any of the following in your relationship
- Physical or emotional abuse of you or your children
- Intimidation tactics
- Excessive criticism
- Refusing you to seek necessary medical treatment
- Injury to pets or destruction of personal property
- Constant and harassing phone calls
- Withholding access to financial resources
- Forced sex
- Attack or threat using weapons
- Not allowing you to maintain relationships with others or allowing you to leave the home
- Refusing to allow you to have a job or go to school
If you are experiencing domestic violence, it is important that your legal team understands and is aware of the pattern of control and domination your partner has exercised over you in the past. This allows us to ensure added protections in your case and to empower you on to a path of safety and security.
What is the Difference Between a Restraining Order and a Domestic Abuse Protection Order?
Restraining orders and protection orders are court orders directing a person not to engage in certain behavior. A restraining order can be requested by the court at the beginning of your case and will remain in effect and enforceable as long as your case is pending. However, the enforcement of a restraining order is limited. If one of the spouses violates the restraining order, the other spouse must file a contempt of court action against the violator to have the order enforced. Law enforcement officers cannot enforce restraining orders.
If you’ve experienced bodily harm or if your spouse has engaged in conduct that terrifies, threatens, or intimidates you, talk with your attorney about obtaining a domestic abuse protection order. Unlike a restraining order, a domestic abuse protection order is enforced by the police and a violation of the protection order is a criminal offense.
How to Obtain a Protection Order
If you need immediate relief from an abuser, you can seek a protection order from the court without the assistance of an attorney. If you live in Douglas County, you can go to the Protection Order Office in the Douglas County Courthouse located on 17th and Farnam Streets. The office is on the 3rd floor. You can also call the Douglas County Victim Assistance Office at 402-444-4597.
If you live in Sarpy County, you can go to the Sarpy County Courthouse located at 1210 Golden Gate Drive in Papillion and ask for the Victim/Witness Unit office for assistance in obtaining a protection order. Their number is 402-593-2201.
You may also complete the Petition and Affidavit to Obtain a Domestic Abuse Protection Order online. Click here for access to the English Petition and Affidavit. Click here for access to the Spanish Petition and Affidavit.
When completing the affidavit, the summary of the events is the most important element that will be analyzed by the court. List all of the most recent and serious incidents of abuse that you have experienced in as much detail as possible. The summary should include the following information for each incident of abuse: the date, time, what happened, whether any witnesses were present, or whether any medical treatment was sought.
At Koenig │Dunne, we understand the cycle of domestic violence and the nuances involved in a divorce or custody case when violence is present in the relationship. If you have experienced domestic violence in your relationship, contact our office to schedule a consultation to learn how our legal team can protect your rights and assure the safety of you and your children. Even if you do not feel ready to proceed with legal action, scheduling a consultation to know your rights, develop a safety plan, and have your legal team ready to support you when you decide the time is right.