Lincoln Domestic Violence Defense Lawyer

Lincoln Domestic Violence Defense Attorney

Domestic violence is a pattern of abusive behavior toward an intimate partner. Examples of abusive behavior include physical abuse, such as hitting or punching, and emotional abuse, such as undermining a person’s self-esteem. If you are facing domestic violence charges, you are encouraged to contact a Lincoln domestic violence defense lawyer to assist with your case.

Domestic violence is a serious crime that can have dire consequences in Nebraska. Hiring a Lincoln criminal defense lawyer can help ensure the law is appropriately applied to your case and you avoid a harsh sentence.

What Are the Types of Domestic Violence?

Domestic violence involves abuse directed toward a partner in an intimate relationship. The dynamics in these relationships can include a married couple, a same-sex couple, a dating couple, and an intimate relationship between minors.

While many think of domestic violence as only violence that causes physical harm, physical violence is not required for abuse to occur. Essentially, abusive behavior requires the actions of one partner to dominate or acquire control over the other partner; no physical contact must occur for this to happen. The different forms of domestic violence include:

Physical Abuse

Physical abuse occurs when one partner knowingly or intentionally causes bodily harm to the other partner. This can include shoving, hitting, biting, slapping, pulling hair, and threats of bodily harm.

Emotional Abuse

Emotional abuse is abuse that occurs when someone wants to undermine another person’s self-esteem or self-worth. This can be in the form of manipulation, gaslighting, criticism, name-calling, and bad-mouthing the partner to their children.

Sexual Abuse

Sexual abuse involves coercing sexual behaviors without a person’s consent. This can happen in any intimate relationship, including a marriage. Sexual abuse in relationships can involve forcing sex after physical violence has occurred, inappropriate touching of private body parts, and being sexually demeaning toward your partner.

Financial Abuse

Financial abuse is abuse of a person’s financial or economic resources. Examples of this could be restricting access to your partner’s finances, conducting undue influence over their financial decisions, and failing to pay debts that could impact your partner’s credit and financial freedom.

Technological Abuse

Sometimes, abusive patterns can occur via technology. Technological abuse can involve coercion, stalking, harassment, threatening, impersonation, and exploitation using any technological device. This behavior can be conducted through social media, text messages, and emails.

What Are the Consequences of Domestic Violence in Lincoln?

A domestic violence offender may face jail time and be subject to other consequences, such as limited or no visitation rights when children are involved, the seizure of any weapons they may have, and a negative impact on their immigration status.

Further, if you are charged with domestic violence and you violate a restraining order against you, you can be subject to fines, jail time, or both.

What Are the Penalties for Domestic Assault in Lincoln?

Domestic violence and domestic assault are different, but both can result in jail time or the requirement to pay hefty fines. While domestic violence can include sexual or emotional abuse, domestic assault involves abuse that results in bodily injury or the threat of bodily injury. Domestic assault can occur in the first, second, or third degree.

The severity of the domestic assault determines how harsh the penalty will be.

• Third-degree domestic assault occurs when one partner intentionally or knowingly causes bodily injury to their domestic partner, threatens their partner with imminent bodily injury, or threatens their partner in a menacing manner. Domestic assault in the third degree is considered a Class I misdemeanor.
• Second-degree domestic assault happens when one partner intentionally or knowingly causes bodily injury with a dangerous instrument. It is considered a Class IIIA felony.
• First-degree domestic assault, the most serious type, occurs when one partner intentionally or knowingly causes severe bodily harm to their partner. First-degree domestic assault is a Class IIA felony.

It is important to note that any of these charges can be increased with subsequent violations. Hiring an attorney can help determine the severity of your case.

Do I Need a Lawyer for My Domestic Violence Case?

If you find yourself up against charges of domestic violence, you should hire a lawyer. An experienced criminal defense lawyer understands the law as it applies to domestic violence cases in Lincoln. They can ensure the evidence against you does not stand in court or that you are not overcharged for any crimes. Sometimes, domestic violence is mutual, meaning there is a fight between partners. This defense can potentially decrease any penalties against you.

Lincoln Domestic Violence Defense FAQs

Q: How Do I Get Domestic Violence Charges Dropped in Lincoln, NE?

A: In short, Nebraska is a “no-drop” state in terms of domestic violence. This means that once the police or the State Prosecutor’s Office files charges for domestic violence, they are unlikely to be revoked. Since domestic violence impacts not only the victim but also their children, family, and friends, this policy protects other potential victims.

Q: What Is a Misdemeanor Domestic Violence Charge in Lincoln, NE?

A: An example of a misdemeanor for domestic violence is domestic assault in the third degree. Third-degree domestic violence has the least severe sentence and involves an intimate partner knowingly or intentionally causing bodily injury, threatening to cause bodily injury, or threatening their partner in a menacing way. An attorney can assess your case to determine the potential charges you face.

Q: What Is Domestic Violence in the First Degree in Lincoln, NE?

A: Domestic assault in the first degree in Lincoln is the most severe form of domestic violence and has harsh consequences. This degree of domestic violence involves one partner knowingly or intentionally causing serious bodily harm to their intimate partner and is usually charged as a felony. Serious bodily harm can involve a substantial risk of death, unconsciousness, extreme pain, or obvious disfigurement.

Q: What Is the Domestic Violence Rate in Lincoln, NE?

A: In 2023, the Domestic Abuse Report in Nebraska detailed that there were 385 aggravated domestic assaults and 3,225 simple domestic assaults reported. Further, there were 43 total domestic violence deaths reported between 2022 and 2024 in the state. Women are often more likely to be victims of domestic violence than men.

Contact the Sopinski Law Office Today

Domestic violence charges are taken very seriously in Nebraska. If you find yourself in need of a defense for a domestic violence charge, do not hesitate to contact the Sopinski Law Office today for a strategy session.