legal
Domestic Violence & Police Response in Nebraska
What survivors can expect when Nebraska police respond to domestic violence situations.
Nebraskapolice
LEGAL & POLICE
What Happens After Calling Police About Relationship Harm
When Police First Arrive
Police responses can vary by province, territory, and police service, but there are some common steps.
- They usually separate the people involved to speak with each person privately.
- They may ask about what happened today, past incidents, injuries, threats, children, and weapons.
- They may look for visible injuries, damaged property, and any signs of weapons.
- They might speak with neighbours or anyone else who saw or heard something.
- They may check if there are existing court orders (for example, bail orders, peace bonds, or family court orders).
Police decide what to do based on what they see, what people say, any available evidence, and local policies. Their role is public safety and enforcing the law, not providing legal or counselling services.
When Police Might Arrest Someone
In many parts of Canada, police are expected or encouraged to lay charges in relationship-violence situations if they believe a crime happened, even if the person harmed does not want charges.
- Police may arrest if they believe there is a risk of further harm.
- They may arrest if they believe a criminal offence has occurred (for example, assault, threats, mischief to property, or harassment).
- They may arrest if court orders have been broken (for example, no-contact or non-communication terms).
- In some cases, they may choose not to arrest and instead give a warning or ask someone to leave for the night, depending on local policies and the situation.
If someone is arrested, police usually take them to a station for processing. You may be asked to give a more detailed statement or provide photos of injuries or damage.
From Police Report to Prosecutor
After an incident, police usually create a report and, where they believe a crime occurred, recommend charges.
- The report and evidence (statements, photos, recordings, medical notes if available) are sent to a prosecutor (also called a Crown attorney or Crown prosecutor).
- The prosecutor decides whether to proceed with the criminal charges based on the evidence, public interest, and local policies.
- If the prosecutor proceeds, the case enters the criminal court process. You may be contacted about court dates, giving evidence, or safety concerns.
- In many cases, the person harmed is a witness in the state’s case, not the one “pressing charges” or “dropping charges.” The final decision usually belongs to the prosecutor, not the survivor.
Each province and territory has its own Crown policies and timelines, so the exact process and speed can differ. A local victim services worker, legal clinic, or community organization can often explain what usually happens in your area.
Release, Bail, and Conditions
After an arrest, there are different ways a person might be released back into the community while charges are active.
- Police release with conditions: Police may release the person with written conditions such as not contacting you, staying away from your home or work, or not possessing weapons.
- Bail hearing: For more serious situations, or where police do not release the person, a judge or justice of the peace may hold a bail hearing to decide if the person is released and under what conditions.
- Detention: In some cases, the person may stay in custody while the case moves forward, depending on risk and local law.
Common release conditions can include:
- No direct or indirect contact with you (including through others or online).
- Staying a certain distance away from your home, work, school, or other locations.
- Not using alcohol or drugs, or not attending certain places.
- Handing in firearms or not possessing weapons.
If you want your views about safety heard, you can tell the officer, victim services, or the prosecutor’s office. They may share your concerns with the court, but the final decision on conditions is made by the court or, in some cases, police.
Planning for Safety Around Release
Even with conditions in place, some people do not follow them. Safety planning can help reduce risk if the person is released.
- Ask the officer or victim services how you will be told when the person is released and what conditions apply.
- Write down or keep a photo of the release conditions so you know what is prohibited.
- Consider small changes that feel manageable, such as varying routines, letting trusted people know about conditions, or adjusting social media privacy.
- If conditions are broken (for example, unwanted contact or showing up near you), you can tell police what happened and mention the conditions. How they respond can vary by region and situation.
- You may choose to speak with a community support worker or legal clinic about other safety options, such as family court orders or housing supports, depending on what is available where you live.
Additional support options across Canada, including victim services and shelters, can be located through resources listed at DV.Support. These services can often help think through safety steps that fit your situation.
Emotional and Practical Support
Police and court processes can be confusing and stressful. Some people feel safer with charges; others feel worried about the impacts on housing, immigration, or finances.
- Local victim services, community-based anti-violence programs, or newcomer agencies can sometimes help explain court updates and safety options.
- Legal clinics or duty counsel can sometimes give general legal information and may help you understand possible immigration or family-law impacts.
- You can choose how much or how little to be involved with the process, within the limits of subpoenas and legal requirements in your area.
If you are unsure about contacting police in the future, you might find it helpful to talk it through with a trusted support person or community organization first, when it is safe to do so.