What is the legal definition of abuse in Nebraska?
This section defines abuse for the purposes of getting a domestic violence protection order. The following acts are considered abuse, also known as domestic violence, when they occur between family or household members:
- causing or attempting to cause physical injury, with or without a weapon (“dangerous instrument”);
- placing someone in fear of physical injury by making a “credible threat,” which means:
- a verbal or written threat, including through email, text, etc.;
- a threat that is implied through a pattern of conduct or a combination of verbal, written, or electronic statements/conduct that causes you to reasonably fear for your safety or your family’s safety; and
- forcing unwanted sexual contact or sexual penetration, as defined by law.1
Note: You do not have to prove that the abuser had the intention to actually act on the threat, just that s/he seemed to have the ability to do so. If the abuser makes the threat while s/he is in jail, it can still be seen as a “credible threat.”2
1 NE R.S. § 42-903(1)
2 NE R.S. § 42-903(1)(b)