Senators advance protection orders for threats of harm

Senators advanced a bill from general file Jan. 26 that would modify the definition of domestic abuse relating to protection orders.

LB310, introduced by Lincoln Sen. Amanda McGill, would make a credible threat a reason for granting a protection order.

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 bill accounts for threatening types of behavior that are continual even though an imminent threat may not exist, McGill said.

A Judiciary Committee amendment, adopted 37-0, eliminated original provisions of the bill regarding cost assessments, filing and serving a protection order and enhanced court authority for attorney appointments.

Norfolk Sen. Mike Flood supported the bill, but said he had some concerns.

“I think this bill is a good idea and it goes to an issue that exists,” Flood said. “But when you remove that imminent danger piece you could be making the protection order a weapon in a divorce proceeding.”

“I would just like to make sure that we fully explore what imminent danger is and what it means to back off that language in this bill,” Flood added.

McGill agreed to discuss a possible amendment before the bill is debated on select file.

The bill was advanced from general file on a 38-0 vote.