Know the Laws: Nebraska
UPDATED August 18, 2016
A harassment protection order is an official court order designed to protect any victim of harassment. If you do not qualify for a domestic violence protection order, you may be able to get a harassment protection order.
For the purposes of getting a harassment protection order, the state of Nebraska defines harassment as when someone intentionally does multiple things to seriously terrify, threaten, or intimidate you for no reason. Some examples of this could be following, stalking, repeatedly contacting, or physically holding (restraining or detaining) you.** NE R.S. § 28-311.02(2)(a)
A harassment protection order is an official court order designed to protect ANY victim of harassment. A judge can issue a harassment protection order to prevent someone from bothering, harassing, threatening, assaulting, molesting or attacking you, trying to control you (or your rights), or communicating with you in any way (i.e. calling, emailing, texting, etc.).*
Note: Unlike a domestic abuse protection order, a harassment protection order cannot give you custody of your children.**
* NE R.S. § 28-311.09(1)
** See NE Judicial Branch website’s frequently asked questions brochure.
When you apply for a harassment protection order, there are three things that may happen:
How long the ex parte order lasts may depend on whether or not the harasser requests a show-cause hearing once s/he is served with the petition and the order, which is explained in What happens when I apply for a harassment protection order? If the harasser requests the hearing, the judge will use the hearing to determine if the protection order will be canceled or if it will continue for one year. If the harasser does not request a hearing within 5 days of being served with the protection order, the order will remain in effect for one year without having any further court hearings.* In that case, you would not have to face the harasser in court.
If the harasser was properly served with the ex parte order and s/he does not appear in court for the hearing to contest (fight against) the order, the original service of the ex parte order is considered proper service and s/he does not have to be served again with the order after the hearing.**
* NE R.S. § 28-311.09(7)
** NE R.S. § 28-311.09(8)(a)
WomensLaw.org thanks Robert A. Sanford, Legal Director at the Nebraska Domestic Violence Sexual Assault Coalition, for his help with this section.