Restraining Orders

This section defines abuse for the purposes of getting a domestic violence protection order. The following acts are considered abuse, also known as domestic violence, when they occur between family or household members:

• causing or attempting to cause physical injury, with or without a weapon (“dangerous instrument”);
• placing someone in fear of physical injury by making a “credible threat,” which means:
  
  • a verbal or written threat, including through email, text, etc.;
  • a threat that is implied through a pattern of conduct or a combination of verbal, written, or electronic statements/conduct that causes you to reasonably fear for your safety or your family’s safety; and
• forcing unwanted sexual contact or sexual penetration, as defined by law.¹

Note: You do not have to prove that the abuser had the intention to actually act on the threat, just that s/he seemed to have the ability to do so. If the abuser makes the threat while s/he is in jail, it can still be seen as a “credible threat.”²

¹ NE R.S. § 42-903(1)
² NE R.S. § 42-903(1)(b)