Nebraska State Patrol
 
 
 
 

Domestic and Sexual Violence Program

Domestic and Sexual Violence Program

The Nebraska State Patrol Domestic and Sexual Violence Program offers training and assistance on issues relating to domestic violence, sexual violence, stalking and human trafficking. The program works closely with NSP officers across the state specializing in these areas.

For more information, please contact:

Emily Schoenleber
Domestic and Sexual Violence Program Manager
3800 NW 12th Street; Suite A
Lincoln, NE 68521
402-479-4058
emily.schoenleber@nebraska.gov

If you, or someone you know, is a victim of crime and you would like information specific to your situation, please contact the Victim Services Program in your area.

What Is Domestic and Sexual Violence?

What Is Domestic and Sexual Violence?
What Is Domestic and Sexual Violence?

Domestic and Sexual Violence (DSV) is a collection of behaviors by a perpetrator used to exert power and control over their victim. These behaviors disproportionately effect women across all socio-economic backgrounds. Programs and services to support survivors are provided by the federal Violence Against Women Act, as well as state and private resources. Criminal acts that stem from DSV are defined by Nebraska Statutes.

Domestic Violence

Domestic Violence is defined as a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner.  Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.

  • Physical Abuse: Hitting, slapping, shoving, grabbing, pinching, biting, hair pulling, etc are types of physical abuse. This type of abuse also includes denying a partner medical care or forcing alcohol and/or drug use upon him or her.
  • Sexual Abuse: Coercing or attempting to coerce any sexual contact or behavior without consent. Sexual abuse includes, but is certainly not limited to, marital rape, attacks on sexual parts of the body, forcing sex after physical violence has occurred, or treating one in a sexually demeaning manner.
  • Emotional Abuse: Undermining an individual's sense of self-worth and/or self-esteem is abusive. This may include, but is not limited to constant criticism, diminishing one's abilities, name-calling, or damaging one's relationship with his or her children.
  • Economic Abuse: Is defined as making or attempting to make an individual financially dependent by maintaining total control over financial resources, withholding one's access to money, or forbidding one's attendance at school or employment.
  • Psychological Abuse: Elements of psychological abuse include  - but are not limited to - causing fear by intimidation; threatening physical harm to self, partner, children, or partner's family or friends; destruction of pets and property; and forcing isolation from family, friends, or school and/or work.

Domestic Assault

The crime of Domestic Assault, as outlined in §28-323, includes:

  • Intentionally and knowingly causing bodily injury to his or her intimate partner
  • Threatening an intimate partner with imminent bodily injury
  • Threatening an intimate partner in a menacing manner

Domestic Assault is a Class 1 Misdemeanor, but can escalate to a Felony in a variety of circumstances, including the use of a weapon or causing serious bodily injury.

Stalking

Stalking is a pattern of repeated and unwanted attention, harassment, contact, or any other course of conduct directed at a specific person that would cause a reasonable person to feel fear.

Stalking can include:

  • Repeated, unwanted, intrusive, and frightening communications from the perpetrator by phone, mail, and/or email.
  • Repeatedly leaving or sending victim unwanted items, presents, or flowers.
  • Following or laying in wait for the victim at places such as home, school, work, or recreation place.
  • Making direct or indirect threats to harm the victim, the victim's children, relatives, friends, or pets.
  • Damaging or threatening to damage the victim's property.
  • Harassing the victim through the internet.
  • Posting information or spreading rumors about the victim on the internet, in a public place, or by word of mouth.
  • Obtaining personal information about the victim by accessing public records, using internet search services, hiring private investigators, going through the victim's garbage, following the victim, contacting victim's friends, family work, or neighbors, etc.

Stalking is outlined in §28-311.02 to §28-311.05 and is a Class 1 Misdemeanor, but can escalate to a Felony in a variety of circumstances, including subsequent convictions and if the victim is under the age of 16.

Strangulation

Strangulation is the act of applying external force that results in restriction of oxygen intake and blood flow to the brain.

Strangulation is a powerful method of coercion and control; it’s an expression of abusers’ ability and willingness to take their victims’ lives at any time.

Quick Facts About Strangulation:

  • Strangulation can render a victim unconscious in seconds.
  • Strangulation blocks veins and arteries in the neck so that oxygenated blood cannot flow to the brain and deoxygenated blood cannot flow from the brain.
  • It takes just 11 pounds of pressure to cut off blood flow.
  • Temporary or permanent brain damage can occur in as little as 30 seconds; brain death can occur in four to five minutes.
  • The seriousness of strangulation is a common precursor to further lethal violence.
  • Victims of strangulation can suffer permanent trachea damage, soft tissue damage, seizures, or changes in behavior. Internal injuries caused by strangulation can become life threatening days after the incident. Despite its lethality, strangulation may leave no visible injuries.

The crime of strangulation, as per §28-310.01, is a Felony.

Sexual Violence

Sexual Violence an overarching term that includes an array of behaviors, both physical and non-physical, that constitute unwanted or age-inappropriate sexual activity that can impact people of any age or gender. This can range from attitudes of sexism, to social oppression through sexual harassment, to crimes of rape and homicide.

Sexual Violence is rooted in power inequities, and is connected to other forms of oppression that value certain people or groups over others. Perpetrators of sexual violence use force, threats, manipulation and coercion to harm their victims. Social norms that condone the use of violence, promote using power to control others, and compel survivors to remain silent about or recant their experience, contribute to their social context the surrounds sexual violence.

Sexual Assault

The crime of Sexual Assault, as outlined in §28-317 to §28-322.04, can occur in many different contexts. The unifying elements include sexual contact without consent. Consent cannot by given by some individuals due to their age, temporary or permanent cognitive limitation, or due to their confinement.

Sexual Assault is generally a Felony, with the exception of incidents that do not cause serious personal injury to the victim are a Class 1 Misdemeanor.

Human Trafficking

Human Trafficking is a multi-billion dollar criminal industry that denies freedom to millions of people around the world. And no matter where you live, chances are it's happening nearby. All trafficking victims share one essential experience: the loss of freedom.

Sex Trafficking & Labor Trafficking

Sex Trafficking is the act or attempt of recruiting, enticing, harboring, transporting, providing, or obtaining a person for the purpose of commercial sexual activity, sexually explicit performance, or the production of pornography.

Labor Trafficking is the act or attempt of recruiting, enticing, harboring, transporting, providing, or obtaining  a person for the purpose of forced labor or services.

Human Trafficking crimes are outlined in §28-830 to §28-831. All forms of human trafficking are Felonies, and penalties escalate if the victim is a minor.

Related Sites

  • https://www.justice.gov/ovw/areas-focus
  • http://www.cdc.gov/violenceprevention/intimatepartnerviolence/
  • http://www.nij.gov/topics/crime/intimate-partner-violence/Pages/welcome.aspx
  • http://nnedv.org/
  • http://www.thehotline.org/
  • http://www.ncadv.org/
  • http://www.strangulationtraininginstitute.com/
  • http://endsexualviolence.org/
  • http://www.evawintl.org/
  • http://www.nsvrc.org/
  • https://polarisproject.org/human-trafficking
  • https://www.ice.gov/human-trafficking
  • https://www.fbi.gov/about-us/investigate/civilrights/human_trafficking
  • http://www.theiacp.org/Police-Response-to-Violence-Against-Women

Note: Pages will open in a new browser window. External pages are not endorsed by Nebraska State Patrol.

Victim Advocacy Services

Victim Advocacy Services
Victim Advocacy Services

Victims of crime in Nebraska are served by a range of Victim/Witness Assistant Programs and DSV Victim Advocacy Programs.

Victim/Witness Assistance Programs

Local Victim/Witness Assistant Programs serve victims of all crimes in their area. These are programs typically located in a local law enforcement agency or county attorney's office, and most often work with victims or witnesses in criminal cases. They can assist by providing information on investigation status, charges filed, court dates and assistance with protection orders. They also ensure that victims of crime know their rights, and that their voices are heard as part of the criminal justice process.

Not all counties in Nebraska have a Victim/Witness Assistance Program. Please select the link at right to see if there is a program in your area.

DSV Victim Advocacy Programs

Nebraska has a network of programs is designed to provide emergency services, information and assistance to survivors of domestic and sexual violence. Although some services vary throughout the state, the network of programs serve all 93 counties. All programs provide the following services at a minimum:

  • 24 Hour Crisis Line
  • Legal Referrals & Assistance with Protection Orders
  • Emergency Shelter
  • Ongoing Support & Information
  • Transportation
  • Medical Advocacy & Referrals
  • Education & Prevention Programs

Please select the link at right to learn more about Nebraska's Network of DSV Victim Advocacy Programs, and to find one near you.

Statewide Coordination

The Nebraska State Patrol frequently works to collaborate with the Nebraska Coalition to End Sexual and Domestic Violence, as well as the Nebraska Coalition for Victims of Crime. These organizations represent local service programs on the state level. Please follow the links below to learn more about these organizations.

Related Sites

  • http://www.nebraskacoalition.org
  • http://nebraskacoalitionforvictimsofcrime.typepad.com

Note: Pages will open in a new browser window. External pages are not endorsed by Nebraska State Patrol.

Crime Victims' Rights in Nebraska

Crime Victims' Rights in Nebraska
Crime Victims' Rights in Nebraska

Nebraska Constitution: ARTICLE I SECTION 28

(1) A victim of a crime, as shall be defined by law, or his or her guardian or representative shall have: The right to be informed of all criminal court proceedings; the right to be present at trial unless the trial court finds sequestration necessary for a fair trial for the defendant; and the right to be informed of, be present at, and make an oral or written statement at sentencing, parole, pardon, commutation, and conditional release proceedings. This enumeration of certain rights for crime victims shall not be construed to impair or deny others provided by law or retained by crime victims.

Nebraska Revised Statute: Section 81-1848

  1. Victims as defined in section 29-119 shall have the following rights:
    1. To examine information which is a matter of public record and collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of issuance of arrest warrants, arrests, detentions, indictments, charges by information, and other formal criminal charges. Such information shall include any disposition arising from such arrests, charges, sentencing, correctional supervision, and release, but shall not include intelligence or investigative information;
    2. To receive from the county attorney advance reasonable notice of any scheduled court proceedings and notice of any changes in that schedule;
    3. To be present throughout the entire trial of the defendant, unless the victim is to be called as a witness or the court finds sequestration of the victim necessary for a fair trial. If the victim is to be called as a witness, the court may order the victim to be sequestered;
    4. To be notified by the county attorney by any means reasonably calculated to give prompt actual notice of the following:
      1. The crimes for which the defendant is charged, the defendant's bond, and the time and place of any scheduled court proceedings;
      2. The final disposition of the case;
      3. The crimes for which the defendant was convicted;
      4. The victim's right to make a written or oral impact statement to be used in the probation officer's preparation of a presentence investigation report concerning the defendant;
      5. The address and telephone number of the probation office which is to prepare the presentence investigation report;
      6. That a presentence investigation report and any statement by the victim included in such report will be made available to the defendant unless exempted from disclosure by order of the court; and
      7. The victim's right to submit a written impact statement at the sentencing proceeding or to read his or her impact statement submitted pursuant to subdivision (1)(d)(iv) of this section at the sentencing proceeding;
    5. To be notified by the county attorney by any means reasonably calculated to give prompt actual notice of the time and place of any subsequent judicial proceedings if the defendant was acquitted on grounds of insanity;
    6. To be notified, as provided in section 81-1850, to testify before the Board of Parole or submit a written statement for consideration by the board, and to be notified of the decision of and any action taken by the board;
    7. To submit a written statement for consideration at any conditional release proceedings, Board of Parole proceedings, pardon proceedings, or commutation proceedings. Conditional release proceeding means a proceeding convened pursuant to a Department of Correctional Services' decision to grant a furlough from incarceration for twenty-four hours or longer or a release into community-based programs, including educational release and work release; and
    8. To have any personal identifying information, other than the victim's name, not be disclosed on pleadings and documents filed in criminal actions that may be available to the public. The Supreme Court shall adopt and promulgate rules to implement this subdivision.
  2. Victims and witnesses of crimes shall have the following rights:
    1. To be informed on all writs of subpoena or notices to appear that they are entitled to apply for and may receive a witness fee;
    2. To be notified that a court proceeding to which they have been subpoenaed will not go on as scheduled in order to save the person an unnecessary trip to court;
    3. To receive protection from harm and threats of harm arising out of their cooperation with law enforcement and prosecution efforts and to be provided with information as to the level of protection available;
    4. To be informed of financial assistance and other social services available as a result of being a witness or a victim of a crime, including information on how to apply for the assistance and services;
    5. To be informed of the procedure to be followed in order to apply for and receive any witness fee to which they are entitled;
    6. To be provided, whenever possible, a secure waiting area during court proceedings that does not require them to be in close proximity to defendants and families and friends of defendants;
    7. To have any stolen or other personal property expeditiously returned by law enforcement agencies when no longer needed as evidence. If feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis, and property the ownership of which is disputed, shall be returned to the person within ten days after being taken;
    8. To be provided with appropriate employer intercession services to insure that employers of victims and witnesses will cooperate with the criminal justice process in order to minimize an employee's loss of pay and other benefits resulting from court appearances;
    9. To be entitled to a speedy disposition of the case in which they are involved as a victim or witness in order to minimize the length of time they must endure the stress of their responsibilities in connection with the matter;
    10. To be informed by the county attorney of the final disposition of a felony case in which they were involved and to be notified pursuant to section 81-1850 whenever the defendant in such case is released from custody; and
    11. To have the family members of all homicide victims afforded all of the rights under this subsection and services analogous to those provided under section 81-1847.

Nebraska Revised Statute: Section 29-119

A victim means a person who has a personal confrontation with the offender, as a result of one of the following crimes:

  • Homicide under §28-302 to §28-306
  • 1º Sexual Assault under §28-319
  • 2º Sexual Assault under §28-320
  • 1º Assault under §28-308
  • 2º Assault under §28-309
  • 1º Sexual Assault of a Child under §28-319.01
  • 2º or 3º Sexual Assault of a Child under §28-320.01
  • 1º False Imprisonment under §28-314
  • Robbery under §28-324

This section also includes persons who have suffered serious bodily injury as a result of a motor vehicle accident, when the driver was charged with Driving Under the Influence of alcohol or drugs under §60-6196 or §60-6197, or with a violation of a city or village ordinance enacted in conformance with either section.

In the case of homicide, the victim's rights are afforded to the nearest surviving relative, who is not a suspect in the crime.

*This information is not provided for informational purposes only. Please refer to an attorney for legal advice.*

PROTECTION ORDER INFORMATION

PROTECTION ORDER INFORMATION
PROTECTION ORDER INFORMATION

There are three types of protection orders available in Nebraska for parties seeking protection from another person: DOMESTIC ABUSESEXUAL ASSAULT and HARASSMENT. Protection orders may be filed with the court at no cost and without an attorney. However, it is highly recommended to utilize a Victim Advocate from a Victim Assistance Program or Domestic Violence/Sexual Assault Victim Advocacy Program near you in preparing to file for an order. It is a criminal offense for party restricted by a protection order to violate the terms and conditions of a protection order.

DOMESTIC ABUSE PROTECTION ORDER is a court order issued to provide protection to a victim of domestic abuse and her/his family or household members. Nebraska Statute §42-903, outlines the definition of abuse and the required relationships to be eligible for a domestic abuse protection order. This includes the following relationships:

  • Spouses (current or former)
  • Child(ren)
  • Persons living together (current or former)
  • Persons with a child in common
  • Persons who are dating (current or former)
  • Persons related by blood or marriage

In filing a domestic abuse protection order, you (the petitioner - the person seeking protection) can request the judge to order the following relief from the respondent (the person being restricted):

  1. Prohibit the respondent from imposing any restraint upon you
  2. Prohibit the respondent from threatening, assaulting, molesting, attacking, or otherwise disturbing your peace
  3. Prohibit the respondent from telephoning, contacting, or otherwise communicating with you
  4. Removing and excluding the respondent from your residence (regardless of the ownership)
  5. Ordering the respondent stay away from any a specified place
  6. Awarding you temporary custody of any minor children up 90 days
  7. Prohibiting the respondent from possessing or purchasing a firearm as defined by Nebraska Statute §28-1201
  8. Any other relief deemed necessary to provide for the safety and welfare of you and any your family or household members

SEXUAL ASSAULT PROTECTION ORDER is a court order issued to provide protection to any victim who has been sexually assaulted.  Nebraska Statutes §28-318 to §28-320.01 outline the definitions of sexual assault as applicable for a sexual assault protection order. In filing a domestic abuse protection order, you (the petitioner - the person seeking protection) can request the judge to order the following relief from the respondent (the person being restricted):

  1. Prohibit the respondent from imposing any restraint upon you
  2. Prohibit the respondent from threatening, assaulting, molesting, attacking, or otherwise disturbing your peace
  3. Prohibit the respondent from telephoning, contacting, or otherwise communicating with you

HARASSMENT PROTECTION ORDER is a court order issued to a victim who has been harassed, per Nebraska Statute §28-311.09. This protection order is available to any victim who has been harassed. In filing a harassment protection order, you (the petitioner - the person seeking protection) can request the judge to order the following relief from the respondent (the person being restricted):

  1. Prohibit the respondent from imposing any restraint upon you
  2. Prohibit the respondent from harassing, threatening, assaulting, molesting, or attacking you, or otherwise disturbing your peace
  3. Prohibit the respondent from telephoning, contacting, or otherwise communicating with you

The State of Nebraska Judicial Branch website provides information on how to file for a protection order in their Self-Help section. Information is provided in English, Spanish and Vietnamese.

Legal Aid of Nebraska also provides an online tool to assist in completing a request for protection order through their Access to Justice project. A link to this tool is also available on the Nebraska Supreme Court website.

Nebraska Foreign Protection Order Registry

Nebraska Foreign Protection Order Registry
Nebraska Foreign Protection Order Registry

The Nebraska Foreign Protection Order Registry is managed by the Nebraska State Patrol in accordance with Nebraska Revised Statute §42-936. Per statute, any protection order from another state, tribe or territory can be submitted to the Nebraska State Patrol for validation and entry into the Registry. Entry of protection orders into the Nebraska Foreign Protection Order Registry ensures access to Protection Order information by all Nebraska law enforcement.

The process to register an order with the Nebraska Foreign Protection Order Registry is as follows:

  1. The protected party must complete a “Foreign Protection Order Affidavit” which must be notarized. The Affidavit is available at any NSP office, any Nebraska District Court office, and online.
    1. It is important that this document be filled out as completely as possible so that the Notice of Certification and entry into the Nebraska Foreign Protection Order Registry can be returned to the protected party, and to ensure that law enforcement can properly identify the restricted party.
  2. Submit the Affidavit, and a copy of the certified order of protection, to the Nebraska State Patrol Centralized Protection Order Office by email, fax or postal mail.
    1. NSP.ProtectionOrders@Nebraska.gov
       
    2. 402-742-1148 (fax)
       
    3. Nebraska State Patrol
      Centralized Protection Order Office
      3800 NW 12th Street
      Lincoln, NE 68521
  3. The Nebraska State Patrol Centralized Protection Order Office will contact the issuing court to verify that the order is current, the date issuance of the order, the date of expiration and the date of service. The order will then be considered certified and entered in the Nebraska Foreign Protection Order Registry.
  4. To ensure access by all Nebraska law enforcement, the Nebraska State Patrol Centralized Protection Order Office will ensure entry of the protection order in the NCIC or State HOT Files law enforcement databases.
  5. Upon certification and confirmation of entry in a law enforcement database, the Nebraska State Patrol Centralized Protection Order Office will return to the protected party, via certified mail, a letter of certification advising that the protection order has been entered into the Nebraska Foreign Protection Order Registry.
  6. A fee shall not be charged for the registration of a foreign protection order.

Entry into the Nebraska Foreign Protection Order Registry is NOT required for enforcement of a protection order from another state, tribe or territory by Nebraska law enforcement. State and Federal statute provide 'full faith and credit' to be extended to orders of protection issued by another jurisdiction. Protected parties should NOT be directed to obtain a new Nebraska Protection Order, or required to register their foreign order, prior to enforcement.

Statewide Coordinated Response Team

Statewide Coordinated Response Team
Statewide Coordinated Response Team

The Nebraska Statewide Coordinated Response Team (State CRT) is a group of professionals providing state-level perspectives and providing statewide guidance in addressing the issues surrounding Domestic and Sexual Violence. The State CRT is guided by the following Vision and Mission statements.

Vision

We envision coordinated and collaborative responses to Domestic and Sexual Violence throughout the state, focused on victim safety and offender accountability.

Mission

The mission of the Nebraska State CRT is to foster the development and sustainability of effective local and statewide responses to domestic and sexual violence. This will be accomplished by offering guidance and resources based on model standards and practices, while recognizing each community’s accomplishments, expertise, and needs.

Membership

State CRT membership includes representatives of:

  • Nebraska State Patrol
  • Nebraska Department of Justice
  • Nebraska Coalition to End Sexual and Domestic Violence
  • Nebraska Crime Commission
  • Administrative Office of the Courts and Probation
  • Nebraska Department of Corrections

These allied professionals work collaboratively to meet statewide needs in DSV work.

Related Sites

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National Training Opportunities

National Training Opportunities
National Training Opportunities

The list below provided several recommended Domestic and Sexual Violence training organizations.

Ending Violence Against Women International (EVAWI)
Website includes an online training institute.
www.evawintl.org

Battered Women’s Justice Project
Various webinars on topics such as military communities and violence, child protective services, and more.
www.bwjp.org

Futures Without Violence
Various related to human trafficking, health care responses to domestic violence, children/youth related issues and more.
www.futureswithoutviolence.org

Immigrant Legal Resource Center
Various webinars related to legal remedies such as the VAWA self-petition and U Visa.*There is a cost to participate in the webinars.
www.ilrc.org/Immigration-Law-Trainings-Seminars-and-Webinars

​National Judicial Education Project
Website includes a free webcourse on intimate partner sexual abuse.
www.legalmomentum.org/national-judicial-education-program

National Sexual Violence Resource Center
The NSVRC has webinars and e-learning courses on a variety of topics as well as a series specific to rural communities.
www.nsvrc.org

Northwest Network of Bisexual, Trans, Lesbian and Gay Survivors of Abuse
Various topics related to supporting survivors who are part of the LGBT communities.
www.nwnetwork.org

Praxis International
Various topics related to systems advocacy, children/youth related issues, collaboration, etc.
www.praxisinternational.org

PreventConnect
Various webinars and e-learning courses related to primary prevention, bystander engagement, engaging men and boys, changing social norms, etc.
www.preventconnect.org

UN Women’s Virtual Knowledge Centre
Site includes various webinars related to domestic and sexual violence services and prevention.
www.endvawnow.org

Veto Violence (Violence Education Tools Online)
The site is sponsored by the CDC. It includes e-learning courses and other tools related to addressing and preventing domestic and sexual violence.
vetoviolence.cdc.gov

Nebraska DSV Victim Advocacy Programs

Nebraska DSV Victim Advocacy Programs
Nebraska DSV Victim Advocacy Programs

Nebraska Foreign Protection Order Registry Affidavit

Nebraska Foreign Protection Order Registry Affidavit
Nebraska Foreign Protection Order Registry Affidavit

Click to access the Nebraska Foreign Protection Order Registry Affidavit

Nebraska Victim/Witness Assistance Programs

Nebraska Victim/Witness Assistance Programs
Nebraska Victim/Witness Assistance Programs

NSP Victim/Witness Assistance Guide

NSP Victim/Witness Assistance Guide
NSP Victim/Witness Assistance Guide