Omaha Domestic Violence Lawyer
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 batterer intervention courses can exceed several thousand dollars.
At Inkelaar Law our Omaha criminal defense attorneys want our clients to understand that an arrest doesn’t always lead to a conviction and that everyone is innocent until proven guilty in the court of law. Our team of attorneys operates relentlessly on our client’s behalf while using our resources, investigators, and experience, while constantly keeping our clients informed of their options, with a favorable outcome always in mind.
To begin exploring your legal options, call us at 1-877-537-4665 or complete the FREE Case Evaluation form to the right of this screen.
Defending the Accused in Omaha
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.
Five Types of Domestic Violence
Physical or emotional abuse may be directed at family members including partners, children, siblings, and even elders. This typically included violence in someone’s place of living and is more common in children as they are extremely vulnerable. Furthermore, it is common for children that grow up in a violent home to exhibit these sorts of behaviors when they grow up. The United States Government has defined five types of domestic violence.
The five types of domestic violence include:
This may include slapping, hitting, grabbing, shoving, pushing, biting, and hair pulling. This can also include denying a person proper medical treatment or forcing them to use drugs or alcohol against their will.
This includes coercing or attempting to coerce any type of sexual contact or behavior without that individuals consent. This includes marital rape, forcing sex after physical violence, attacks on sexual parts of the body, treating a person in a sexual demeaning manner.
This occurs when a person undermines another’s sense of self-worth or self-esteem. This can include diminishing ones abilities, criticism, name-calling, or damaging a person’s relationship with their children.
This occurs when a person attempts to control an individual financially by maintaining control over their financial resources. This includes withholding a person’s access to money, or forbidding them to attend school or employment.
This occurs when a person causes fear by intimidation, threatens with physical harm, destruction of pets and property, and forcing isolation from family, friends, family, school, or work.
There are several other forms of domestic violence included in these categories, and our attorneys believe that all individuals are innocent until proven guilty in the court of law.
Contact Our Omaha Domestic Violence Criminal Defense Attorneys Today
The attorneys at Inkelaar Law believe that if you or a family member have been arrested and charged for a crime in the state of Nebraska, or have been found subject to a federal criminal investigation, it is highly necessary to seek the representation of an experience and skilled attorney to defend you against these alleged charges.
Based in Lincoln and Omaha, Nebraska, our attorneys are able to serve clients throughout the entire state and elsewhere needed. Some of the locations our attorneys are able to serve include:
- Grand Island
If you have been accused of a crime or need an experienced domestic violence criminal defense attorney, we welcome you to call us at 1-877-537-4665 or complete the FREE Case Evaluation form located at the top of this page today.