Protection orders proposed for threats of harm

The Judiciary Committee heard testimony Jan. 26 on a bill that would make a credible threat a reason for granting a protection order.

LB310, introduced by Lincoln Sen. Amanda McGill, would enable victims of abuse, law enforcement and prosecutors to take steps toward preventing a threatened act of domestic abuse.

The bill would modify the definition of domestic abuse, amend provisions for assessing costs for filing and serving a protection order and enhance court’s authority regarding attorney appointments.

Under the bill, violating a protection order, currently a Class II misdemeanor, would become a Class I misdemeanor. A subsequent violation would be considered a Class IV felony. The court could appoint an attorney for an indigent petitioner for a hearing if the respondent is represented by an attorney.

“We want to make sure that women who are feeling a serious threat can use a protection order the way it was originally intended,” McGill said.

Robert Sanford, legal director for the Nebraska Domestic Violence Sexual Assault Coalition, testified in support of the bill, saying there is a present and growing need for services that will lessen and reduce the trauma of abuse.

The way the law is currently written, he said, a person would “practically need to be assaulted” before qualifying for a protection order.

Patrick Runge, an attorney from Omaha, also testified in support of the bill, saying that the current requirements for “imminent bodily injury” are too restrictive. In order to qualify for protection, he said, an individual has to be assaulted during the process of applying for protection, which defeats the purpose of a protection order.

The committee took no immediate action on the bill.