A domestic violence accusation can instantly create a crisis. You may be ordered out of your home or restricted from contacting someone you care about. You may be left guessing what the police report says before your court date. One major mistake to avoid after a domestic violence accusation is assuming the situation will resolve itself if you explain yourself later.
Don’t give a statement to the police. Even if you think you were in the right or defending yourself, most policy manuals for law enforcement direct that someone is going to jail. Self defense is an affirmative defense to establish at trial. Exercise your right to remain silent and consult with a lawyer, ideally, while police are investigating.
In Nebraska, early choices can affect bond, protection orders, evidence, plea options, and your record. At Petersen Criminal Defense Law, we help protect your rights and build focused defenses from the start.
What Should You Know First About Nebraska Domestic Violence Charges?
Nebraska domestic assault charges can involve alleged injury, threats, or menacing conduct against an intimate partner, such as a spouse, former spouse, co-parent, or dating partner.
Charges may be third-degree, second-degree, or first-degree. The level depends on the allegation, the injury, the use of a weapon, and criminal history.
Penalties can range from a Class I misdemeanor to a serious felony. A domestic case needs a calm, documented response guided by strategy. Knowing what to do when accused of domestic violence and common mistakes to avoid can help you protect your rights.
Why Is Contacting the Accuser One of the Biggest Mistakes to Avoid in Domestic Violence Cases?
Contacting the accuser can create new legal problems, even if your intent is peaceful. If a protection order, bond condition, or no-contact order exists, any text, call, social media message, third-party message, or visit may violate the bond and trigger a hearing to consider revoking or increasing the bond.
Before you communicate with the other person, take these steps:
- Read every court order and bond condition carefully;
- Save messages you receive, but do not respond until you have legal advice;
- Avoid asking others to pass along messages; and
- Let your attorney handle necessary communication.
A case becomes harder to defend if the State claims you ignored a court order or tried to influence the accuser.
What to Do When Accused of Domestic Violence?
When accused of domestic violence, protect your rights before trying to protect your reputation. You do not need to prove innocence to the police immediately. Giving a detailed statement without legal advice can cause problems later.
A safer first response is to stay calm. Give basic identifying information when required. Ask for a lawyer and avoid giving detailed statements without counsel. The case may continue even if things seem to cool down.
Begin saving your own evidence early:
- Call logs and text messages,
- Photos and videos,
- Location data,
- Witness names, and
- Receipts showing where you were or what happened.
Do not alter or delete data on your phone. Missing or changed information often looks worse than the original evidence.
Why Should You Take a Protection Order Hearing Seriously?
A protection order hearing is a real court proceeding. Protection orders are civil, but violating them can result in criminal consequences.
If you receive an ex parte order, the judge may have entered it without hearing your side. You may request a hearing, but you should prepare with your attorney rather than rely on a general denial.
If you want the judge to consider photos, messages, or other evidence, your attorney will ask the judge to accept those materials. Print or photograph texts with date and time. Do not hand over your phone unless the court specifically directs you to do so or your attorney advises it. The hearing can affect your home, your children, your firearms, your job, and your defense strategy.
How Can Social Media Hurt Your Defense?
Social media can turn frustration into evidence. Posts about the accuser, police, judge, prosecutor, or incident may be screenshotted and used against you. Even vague posts invite damaging comments.
Avoid posts that prosecutors may use, such as those about the accusation, jokes about the case, attacks on the accuser, deleted posts, or public arguments involving friends or family.
The safer approach is to stop posting about your personal life until your lawyer explains what is safe.
How to Fight Domestic Violence Charges Without Making the Case Worse?
Fighting domestic violence charges depends on facts, not a set formula. Defense strategies may include:
- Self-defense,
- Lack of intent,
- Unreliable witnesses,
- Exaggerated claims,
- Inconsistent statements,
- Missing evidence,
- Mutual conflict, or
- Police errors.
Nebraska rules of evidence may also matter. The rules generally limit character evidence used to prove conduct on a specific occasion, though the court may sometimes admit other-act evidence for limited purposes.
A strong defense starts by knowing what the State must prove, comparing the accusation against available evidence, and challenging anything that should not be used against you.
Petersen Criminal Defense Law Helps You Avoid Common Mistakes in Criminal Defense Cases
Hiring Petersen Criminal Defense Law means choosing a Nebraska firm that defends, not judges or lectures. Led by Tom Petersen, our firm has handled thousands of misdemeanor, felony, DUI, drug, federal, and violent crime cases.
We review police reports, assess protection order issues, and find weaknesses in the State’s case. Our team prepares you for court and helps you avoid common mistakes in criminal defense cases that could harm your outcome.
If you are worried about making an avoidable mistake after a domestic violence accusation, speak with our team. Schedule a free, confidential consultation to protect your rights with a clear plan.
Legal Resources Used To Inform This Page:
To ensure the accuracy and clarity of this page, we referenced official legal and authoritative sources during the content development process:
- Nebraska Revised Statutes § 28-323.
- Nebraska Judicial Branch, How to Prepare for a Protection Order Hearing: Frequently Asked Questions.
- Nebraska Revised Statutes § 27-404.
- Douglas County Attorney, Domestic Violence Frequently Asked Questions.
- Nebraska Judicial Branch, Protection Order: Domestic Violence.
Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.
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