Although nurses are in the business of caring for others, they're still human and susceptible to making mistakes that amount to domestic violence charges or warrant protection orders. For nurses in Nebraska, such accusations and their consequences may look different they would from those in other states.
Luckily, the Lento Law Firm knows exactly how to help. Thanks to their familiarity with Nebraska law and professional licensing for nurses, they're prepared to craft a winning defense strategy that will keep your career safe. Find out more by calling the Lento Law Firm Professional License Defense Team at 888.535.3686 or fill out this contact form.
What Does the Nebraska Board of Nursing Do About Domestic Violence Charges and Protection Orders?
If your case is pending, the Nebraska Board of Nursing is unlikely to receive notifications about the charges. However, if you're convicted, you're required to disclose it to the board as soon as possible. Even if you don't, they're sure to find out about it when they conduct a criminal background check for your license renewal.
There's also the possibility that someone will file a complaint against you in reference to the domestic violence charges or protection order, alerting the Nebraska Board of Nursing about the situation.
Both these scenarios could make your character look more dubious than if you had been proactive about reporting it yourself. The board asks nurses to send disclosures by mail and invites nurses and/or probation officers to describe their side of the story and how they're improving, indicating that the board takes mitigating factors into account.
Either way, the Nebraska Board of Nursing will decide whether the charges or the protection order warrant a closer look. If they think it does, then they'll organize their own investigation in which they will gather and review evidence and interview victims, witnesses, and anyone else who might be involved in the case.
Once they've accumulated and evaluated all the relevant information, the board will consider whether you could be a danger or disruption to your workplace. If so, you may be invited to a hearing where you can plead your case.
Criminal charges and convictions don't always lead to disciplinary action from the board, but they do raise the likelihood. The board may impose any of the following sanctions on your license even after you've had a chance to defend yourself. These are the potential actions you could expect:
Fees/Fines
The board may demand that you pay a fine of up to $20,000. It can be used to compensate investigators, cover legal fees, or help with other aspects of maintaining the board's operations. Perhaps most importantly, though, it can deter you from reoffending.
The fine itself may be burdensome, but paying it off can also hurt you financially and prevent you from affording continuing education courses you might want to take. This could set back your whole career.
Censure
In some cases, the board may believe that all you need is a censure, a public reprimand acknowledging your wrongdoing and expecting better behavior in the future. Although it's less strict than other sanctions, a censure is still public record, so you might still have trouble gaining new employment if you want it.
Probation
You might be allowed to keep your license as long as you comply with certain requirements or conditions. For example, you might be restricted to specific places, roles, fields, or shifts for a predetermined amount of time. If you have trouble arranging your life around these restrictions, your career and other aspects of your life could suffer.
Scope Limitation
Maybe you'll get to retain your freedom of choice in where and when you work, but the board will limit your authority instead. You might be barred from performing certain tasks, holding particular titles, or assisting specific types of patients. These limitations could prevent you from gaining the skills and experience necessary to get promotions or move laterally elsewhere.
Suspension
The board might decide that you need a break from nursing altogether, either for a set period of time or until you meet certain conditions and requirements for full reinstatement. Until then, you would need to rely on your personal savings or find other ways to support yourself. As if that's not stressful enough, there would be a gap in your resume that you'd have to justify to future employers.
Revocation or Non-Renewal
If your license is current and/or set to expire soon, the board could revoke it or deny your renewal application. You would be unable to legally practice nursing for at least two years before you could ask for reinstatement. You would be under greater scrutiny then, especially if the protection order and/or domestic violence case are still visible on your criminal record.
As with a suspension, you would also have to deal with the challenge of financially supporting yourself in some other way. You would also need to come up with a palatable explanation for the gap in your employment if you ever decided to work in nursing elsewhere.
Why the Nebraska Board of Nursing Might Impose Sanctions
Perhaps you're wondering why you should have to worry about discipline from the Nebraska Board of Nursing in the first place.
There are many potential motivators for domestic violence and other actions that warrant protection orders. Many of them directly affect your capacity to be a competent and trustworthy nurse, which is why the board might respond with sanctions. Areas of concern include:
Professional or Ethical Misconduct
As a nurse, there is a code of ethics and professionalism to which you must adhere to practice in Nebraska. It includes treating patients with compassion and refraining from violence of any kind. Anything less could create a hostile environment and damage the patients' trust. Sanctioning you now might spare the board from having to deal with more serious problems (like lawsuits) later.
Poor Mental or Emotional Health
Some people commit acts of domestic violence because of poor mental or emotional health. Facing criminal charges and board investigations tends to exacerbate such problems. The board might be concerned that mental or emotional turmoil could make you unfocused, unmotivated, volatile, and prone to drug or alcohol abuse, all of which may bring harm to your patients and colleagues. Again, the board may try to protect itself and other nurses from legal fallout by sanctioning you.
Absenteeism Due to Criminal Penalties
Depending on the outcome of the criminal court proceedings, you might be required to devote time to community service or serve a jail sentence. Many employers are unable or unwilling to keep someone on the payroll if they can't fulfill their duties, even if only temporarily. The board might find certain sanctions to be easier and more logical than trying to work around your criminal penalties.
Consequences of Non-Compliance
Say the court sentences you to probation, and/or the protection order demands that you stay a specific distance away from your accuser. Violating those or other conditions—even by accident—could land you with new criminal charges, which might lead to stricter punishment from the government and/or more investigations from the board. If the board thinks you're unlikely or unable to comply with the law, then they might impose sanctions on your license to prevent or get ahead of future issues.
Options for Protecting Your Nursing License
Your best bet for keeping your nursing license intact is to convince the Nebraska Board of Nursing that you're still a safe and reliable employee despite the charges or protection order. Here are examples of how to do it.
Dismiss or Downgrade the Charges
Perhaps the surest way to demonstrate your reliability and integrity is to avoid a domestic violence conviction in the first place. If you can persuade the judge to dismiss the charges or downgrade them to a less severe crime, such as simple assault, harassment, or trespassing, depending on what exactly happened, then the board is less likely to take issue.
Participate in a Course
As part of your sentence, a judge might require you to take the Nebraska Domestic Violence Class, a program that aims to educate offenders and prevent them from reoffending. However, you could make yourself look even better to the board by proactively taking this class of your own volition, regardless of what the judge says.
Negotiating Alternative Solutions
If the Nebraska Board of Nurses schedules a hearing based on the charges or protection order filed against you, attend with ideas for how to earn back their trust without anything happening to your license. The Lento Law Firm Professional License Defense Team could assist you in crafting and presenting a compelling negotiation proposal.
Why Hire the Lento Law Firm Professional License Defense Team?
Domestic violence charges and protection orders are addressed in criminal and civil courts. Nevertheless, it's crucial to have a professional license defense attorney on your side.
Even if you're not convicted in a criminal court, and even if the court or your accuser drops the charges, the Nebraska Board of Nursing could still choose to investigate or discipline you simply for the allegation. This is especially true if they believe the complaint was well-founded or if there is more than one. They might consider you too risky or unpredictable to keep fully licensed.
In other words, no matter what happens with the criminal case, your career could still be in jeopardy. Losing the ability to work with dignity or provide for yourself could lead to anxiety, depression, not to mention you'd have trouble paying any monetary penalties assigned to you by the board or courts.
The Lento Law Firm Professional License Defense Team is what you need to keep your career intact, regardless of the case's outcome. In fact, teaming up with you could provide you with the following benefits:
Thoughtful Defense Strategy
The Lento Law Firm Professional License Defense Team takes nothing at face value. They'll examine your case from every possible angle and get to know you as a whole person so that they can present the board with a passionate and multifaceted defense on your behalf. The board will have no choice but to look beyond the complaints filed against you and understand that there's more to you than what someone else wrote about you.
Competent Legal Guidance
Many nurses have trouble navigating board investigations, and plenty of people misinterpret protection orders. The Lento Law Firm Professional License Defense Team is ready to help you understand everything that you need to do to comply with what the board and court require of you. That way, you'll get to present the best possible version of yourself to the board and increase the odds of avoiding or minimizing license sanctions.
Courage to Find the Truth
Domestic violence cases can be highly sensitive to everyone involved, and they often arise from complicated situations. The Lento Law Firm Professional License Defense Team isn't afraid to dig deep to find the truth and context behind the charges or protection order. Whether you're innocent or genuinely made mistakes, they'll ensure that the board sympathizes with your side of the story and sees the real you so that you can continue practicing freely.
Protect Your Nursing Career in Nebraska
Whether or not you've done anything to justify a domestic violence charge or protection order, you still need a way to advocate for yourself so that you can move forward. Don't let these charges prevent you from continuing to build a rewarding nursing career in Nebraska. Call the Lento Law Firm Professional License Defense Team today at 888.535.3686 or fill out this contact form to find out how they can help.
