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Nebraska Restraining Orders

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Restraining Orders

Domestic Abuse Protection Orders

Basic information

What is the legal definition of abuse in Nebraska?

For the purposes of getting a domestic abuse protection order, the following acts are considered abuse when they occur between family or household members:

  • causing or attempting to cause physical injury, with or without a weapon (“dangerous instrument”);
  • placing you 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 an abuser’s actions, or through a mix of spoken, written, or electronic messages and actions that:
      • is made by a person who seems capable of carrying it out; and
      • makes you reasonably afraid for your safety or your family’s safety; or
  • 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 they seemed to have the ability to do so. If the abuser makes the threat while they are in jail, it can still be seen as a “credible threat.”2

1 Neb. Rev. Stat. § 42-903(1)
2 Neb. Rev. Stat. § 42-903(1)(b)

What types of domestic abuse protection orders are there? How long do they last?

In Nebraska, there are ex parte temporary protection orders and final protection orders.

Ex parte temporary protection order

A judge can give you an ex parte temporary order without telling the abuser in advance. The abuser doesn’t have to be present in the courtroom. To get this order, the judge must believe that you are in immediate danger of being abused based on your affidavit or your statements.1 

An ex parte order will last until a “show-cause hearing” is held. During this hearing, the abuser can present evidence (“show-cause”) about why there should be no protection order.2

Note: If the judge does not give you an ex parte order, the judge must schedule a show-cause hearing within 14 days.3 If you or the abuser requests a show-cause hearing, the judge must schedule one within 30 days of receiving the petition. The judge can also schedule a hearing themselves.4

Final protection order

If you and the abuser do not request a show-cause hearing, and the judge doesn’t decide to hold one on their own, then your temporary order would be considered a final order without a hearing being held. This also applies if a show-cause hearing is scheduled, but the abuser fails to appear after service.5

A final protection order will last for between one and two years, but it can be renewed each year.6 See Can I renew my domestic abuse protection order? for more information.

1 Neb. Rev. Stat. § 26-109(1)(a)
2 Neb. Rev. Stat. § 26-109(3)
3 Neb. Rev. Stat. § 26-108(1)(a)
4 Neb. Rev. Stat. § 26-109(4)
5 Neb. Rev. Stat. § 26-109(5)(a), (b)
6 Neb. Rev. Stat. § 26-110(1)

What protections can I get in a domestic abuse protection order?

An ex parte temporary or final domestic abuse protection order can do the following:

  • order the abuser to:
    • not place any limits on you or your freedom (liberty);
    • not threaten, assault, bother (molest), attack, or otherwise disturb you;
    • not contact you in any way;
    • be removed (excluded) from your home regardless of who owns the home;
    • stay away from any specific place;
    • not have or buy a firearm;
    • not be in contact with, hurt, or kill any household pet owned or held by you, the abuser, or any family or household member who lives with either of you; and
  • give you:
    • temporary custody of any minor children for a specific period of up to 90 days;
    • sole possession of any household pet that is owned or held by you, the abuser, or any family or household member who lives with either of you; and
  • anything else that the judge believes is necessary for your safety.1

Whether a judge orders any or all of the above depends on the facts of your case.

Note: If the judge gives you possession of a household pet in a protection order, this is not a final determination of who owns the pet. You will not be allowed to transfer or sell the pet without court approval, unless a licensed vet recommends that the pet be put down (euthanized).2

1 Neb. Rev. Stat. § 26-103(2)
2 Neb. Rev. Stat. § 26-103(3)

In which court do I file for a domestic abuse protection order?

You must file the petition in the district court, but the case may take place in either the district or the county court.1 In the petition, you will have to state your preference for whether you want the case to be heard by a county court judge or by a district court judge.2 If you are unsure of which court to request, you might want to ask an attorney in your county for advice. For courthouse locations in your area, see our Nebraska Courthouse Locations page. To find legal organizations, go to our Nebraska Finding a Lawyer page.

1 Neb. Rev. Stat. § 26-106(1)
2 Neb. Rev. Stat. § 25-2740(2)

If the abuser lives in a different state, can I still get an order against them?

When you and the abuser live in different states, the judge in your state may not have legal power over an out-of-state abuser. This is called “personal jurisdiction,” and it means that the judge may not be able to grant an order against them.

However, there are a few ways that a judge can get personal jurisdiction over an out-of-state abuser:

  1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
  2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state, but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when they abused you, but they have since left the state.
  3. The abuser gets served with the court petition while they are in your state.

Even if none of the above apply to your situation, you may still be able to get an order. If you file, you may be granted an order by consent or the judge may decide that there are other reasons to grant the order.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to give you an order because of personal jurisdiction, you can file for an order in the courthouse in the state where the abuser lives. However, you might need to check if that state allows for online filing and remote participation, or if you would need to file in person and attend various court dates. This could be difficult if the abuser’s state is far away.

Who can get a domestic abuse protection order

Am I eligible for a domestic abuse protection order?

You may be eligible to file for a domestic abuse protection order if you have been the victim of abuse by a family or household member, which includes:

  • current or former spouses;
  • children;
  • people who live or have lived together;
  • people who have a child in common, whether or not they have been married or lived together at any time;
  • people related by blood or marriage; and
  • people who are or were involved in a dating relationship with each other.1

For this purpose, a “dating relationship” means a relationship that involves regular close or romantic behavior, mainly based on the expectation of affection or sexual contact. It does not include a casual or ordinary relationship between people in a business or social context.1

If you do not qualify for a domestic abuse protection order, you may qualify for a harassment protection order or a sexual assault protection order instead. If you already filed for a domestic abuse protection order, you can ask the judge to treat your petition as one asking for one of the other types of order. The judge can do that if they believe it is appropriate.2

1 Neb. Rev. Stat. § 42-903(3)
2 Neb. Rev. Stat. § 26-107

Can I get a protection order against a same-sex partner?

Can the abuser get a domestic abuse protection order against me?

It is a common tactic for an abuser to try to control their victim by asking for a protection order against the victim. The abuser can only get their own protection order in your case if both of the following things happen:

  1. the abuser files their own cross- or counter-petition against you; and
  2. the judge believes that you committed domestic or family abuse against the abuser that makes the abuser qualify for their own order.1 

1 Neb. Rev. Stat. § 26-117

How much does it cost to get a domestic abuse protection order?

There is no fee to file for or serve a domestic abuse protection order.

The only way you might possibly be ordered to pay fees or costs is if the judge decides that the statements in your petition were false and that you filed the protection order in “bad faith.”1

At the final hearing, a judge may order the abuser to pay the costs related to filing or serving your protection order.2

1 Neb. Rev. Stat. § 26-116(1)
2 Neb. Rev. Stat. § 26-116(2)

Do I need an attorney to get a domestic abuse protection order?

You do not need an attorney to file for a protection order, but it is generally better to have one, especially if there will be a hearing or if the abuser is represented by one. To find a lawyer or legal aid program in your area, please visit our Nebraska Finding a Lawyer page. A domestic violence organization may be able to help you through the process if you do not have an attorney. To find a domestic violence organization, go to our Nebraska Advocates and Shelters page.

Do I have to share my address when filling out the court forms?

If you are worried about the harasser finding out your address, you may request that your address be kept confidential.1 You may also want to learn more about the Nebraska Office of the Secretary of State’s Address Confidentiality Program for victims of domestic violence, sexual assault, stalking, and trafficking.

1 See What happens after the judge signs the protection order? in the Nebraska Judicial Branch website’s frequently asked questions

Steps for getting a domestic abuse protection order

Step 1: Go to court and file a petition.

Go to the district court to file your petition.1 You can find a court near you by going to our Nebraska Courthouse Locations page. You can also find links to the forms online by going to our Nebraska Download Court Forms page. The forms will ask you to include all relevant information, which includes:

  • a description of the most recent incident;
  • a description of the most severe incident, if there has been more than one; and
  • the dates or approximate dates of any incidents described above.2

Carefully fill out the forms. Write about the incidents of violence or abuse, using descriptive language that fits your situation, such as slapping, hitting, grabbing, choking, threatening, etc. Be specific. Include details and dates, if possible. If your petition is based on threats rather than a physical incident, write about how the threats affected you, why they made you fearful, and how the fear has affected your life.

A domestic violence organization may be able to help you fill out the forms. See our Nebraska Advocates and Shelters page for the location of an organization near you.

Note: Do not sign the petition until you have shown it to a clerk, because it needs to be notarized or signed in the presence of court personnel.3

1 Neb. Rev. Stat. § 26-106(1)
2 Neb. Rev. Stat. § 26-121(2)
3 See the last page of the Petition and Affidavit to Obtain Domestic Abuse Protection Order

 

Step 2: A judge will review your petition and may issue an ex parte order.

After you finish filling out your petition, bring it to the court clerk. The clerk will forward it to a judge. The judge may ask you questions as they review your petition and decide whether or not to issue you an ex parte order. The judge must believe that you are in immediate danger of being abused based on your affidavit or your statements.1 If the judge does not give you an ex parte order, the judge must schedule a hearing within 14 days where you and the abuser can be present. You will then have a chance to prove that the order should be issued, and the abuser can try to prove that it shouldn’t be issued.2

1 Neb. Rev. Stat. § 26-109(1)(a)
2 Neb. Rev. Stat. § 26-108(1)(a)

Step 3: Service of process

If the judge issues you an ex parte order, it will be served on the abuser along with a form for the abuser to request a “show-cause hearing.” If the abuser wants to request a show-cause hearing to object to the order being issued, they have to return this form to the clerk within ten business days of receiving the order, and the hearing would be scheduled within 30 days.1

The court will forward copies of your papers to law enforcement, who will then try to serve the papers on the abuser.2 The sheriff will go to the abuser’s home, work, or other place they can be found to hand them the papers. If you believe that serving the respondent at their workplace or in some other way would put you in danger, you can include this information in the forms that you fill out and request that the abuser not be served at that location. The order is not valid until law enforcement has served the abuser.

You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?

1 Neb. Rev. Stat. § 26-109(3), (4)
2 Neb. Rev. Stat. § 26-114(1)(a)(iii), (1)(b)

Step 4: The hearing for a final protection order

Unlike most other states, where a hearing is automatically set, under Nebraska law, there may or may not be a hearing scheduled for a final order. A hearing could be scheduled if:

  1. the judge does not give you an ex parte order;1 or
  2. the judge does grant you an ex parte order, and any of the following are true:
  • the abuser requests a “show-cause hearing” within 10 business days of being served with the ex parte order;
  • you request a hearing; or
  • the judge decides on their own to hold a hearing.2

If there is a hearing, you must attend. The hearing is your chance to prove that the abuser has committed an act of domestic abuse against you or your child. The abuser will also have a chance to try to convince the judge not to enter an order.

Note: At the hearing, the judge could decide to issue a harassment protection order or a sexual assault protection order instead of a domestic abuse protection order. That could happen if the judge believes one of those orders is more appropriate, or if you request it. Then, the abuser would have to “show cause” why the judge should not issue one of those orders.3

It may be very helpful to have a lawyer represent you at the hearing. Go to our Nebraska Finding a Lawyer page for resources. If you are going to be representing yourself, see the At the Hearing section in our Preparing for Court – By Yourself page for ways you can show the judge that you were abused.

1 Neb. Rev. Stat. § 26-108(1)(a)
2 Neb. Rev. Stat. § 26-109(3), (4)
3 Neb. Rev. Stat. § 26-107

After the hearing

Can the abuser have a gun?

Once you get a domestic abuse protection order, there may be laws that prohibit the abuser from having a gun in their possession. There are a few places where you can find this information:

  1. see What protections can I get in a domestic abuse protection order? to see if judges in Nebraska have the power to remove guns as part of a temporary or final order;
  2. go to our State Gun Laws section to read about your state’s specific gun-related laws; and
  3. read our Federal Gun Laws section to understand the federal laws that apply to all states.

You can read more about keeping an abuser from accessing guns on the National Resource Center on Domestic Violence and Firearms’ website.

What should I do when I leave the courthouse?

There are several things that you may want to consider when you leave the courthouse. You will have to evaluate each one and see if it is safe for your situation.

  • Review the order before you leave the courthouse. If something is wrong or missing, ask the clerk how to correct the order before you leave.
  • Keep a copy of the order with you at all times.
  • Make several copies of the order as soon as possible and leave copies of the order at your workplace, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
  • Give a copy to the security guard or person at the front desk where you live and work, along with a photo of the abuser.
  • Give a copy of the order to anyone who is named in and protected by the order.
  • If the court has not given you an extra copy for your local law enforcement agency, take one of your extra copies and deliver it to them.
  • Consider changing your locks and your phone number.

You may also want to make a safety plan. People can do things to increase their safety during violent incidents; when preparing to leave an abusive relationship; and when they are at home, work, and school. Many abusers obey protective orders, but some do not. So, it is important to build on the things you have already been doing to keep yourself safe. Go to our Safety Planning page for suggestions.

What can I do if the abuser violates the domestic abuse order?

If the abuser violates your order, you can call the police or sheriff, even if you think it is a minor violation. It can be a Class I misdemeanor to purposefully (knowingly) violate a protection order. If the abuser has a prior conviction for violating any protection order, then violating your order can be a Class IV felony.1

Nebraska law requires that the abuser be arrested if “probable cause” exists that they violated a domestic abuse protection order.2 The officer making this arrest is required to bring the abuser who violated your order to the judge that issued it. The judge in this situation is required to make a no-contact order to prevent the abuser from contacting you again.3 

If you feel that law enforcement officers did not respond according to Nebraska law, you could contact an attorney to discuss your legal options. Go to our Nebraska Finding a Lawyer page for legal referrals.

If the police become involved, it is generally a good idea to write down the names of the responding officers and their badge numbers in case you want to follow up on your case. Ideally, a police report should be filled out even if no arrest is made. If you have police reports of all violations of the order, it may be helpful in the future.

You may also be able to file for “contempt” for the abuser’s violation of the order. For more information about contempt, including the difference between criminal contempt and civil contempt, go to our general Domestic Violence Restraining Orders page.

Note: Violation of a domestic abuse protection order can also increase the penalty the abuser could face for committing the crime of stalking from a Class I misdemeanor to a Class IIIA felony.4  

1 Neb. Rev. Stat. § 26-118(1), (2)
2 Neb. Rev. Stat. § 26-119
3 Neb. Rev. Stat. § 26-120
4 Neb. Rev. Stat. § 28-311.04(2)(d)

Can I renew my domestic abuse protection order?

You can ask to renew your order by submitting a petition and affidavit to renew the protection order within 45 days before it is set to expire.1

Then, the process would be the same as when you filed your original petition. The judge may issue an ex parte order, and the abuser may request a hearing to object to the renewal. The judge will consider the likelihood of harm to you over the next year when deciding whether to renew the order. You do not have to prove that there was further abuse or a violation of the protection order.2

You might not need a hearing if your statement (affidavit) explains why you want the renewal and confirms that nothing important has changed in your situation. The judge can renew your order based only on your affidavit if:

  1. you are not asking for any change to the order; and
  2. the abuser:
    1. is properly served and does not appear at the hearing; or
    2. tells the court that they do not oppose the renewal.3

If the judge agrees to renew the order, it would last for one year from the day after your current order expires. You can apply to renew the order each year.4 If your order gave you custody of your children, the renewed order must include the number of days you have custody.5

1 Neb. Rev. Stat. § 26-111(1)
2 Garrison v. Otto, 311 Neb. 94 (2022)
3 Neb. Rev. Stat. § 26-111(2)
4 Neb. Rev. Stat. § 26-111(3); see the Renewal section of the Domestic Abuse Protection Order page on the Nebraska Judicial Branch website
5 Neb. Rev. Stat. § 26-111(4)

What happens if I move?

Federal law provides what is called “full faith and credit,” which means that once you have a protection order, it is valid throughout the United States, including U.S. territories and tribal lands.

Different states have different rules for enforcing out-of-state orders. You can find out about your new state’s policies by contacting a domestic violence program, the clerk of courts, or the prosecutor in your new area.

You may want to call the court where you originally received the order to tell them your new address so that they can contact you if necessary. Be sure to let them know if the address is confidential and ask how to make sure it cannot be accessed by the respondent.

To read more about this, please visit our Moving to Another State with a Protection Order page.

If I get a protection order, will it show up in an internet search?

According to federal law, which covers all states, territories, and tribal lands, courts are not supposed to publish online any information that could likely reveal your identity or location. This applies to all of these documents:

  • the petition you file;
  • the protection order, restraining order, or injunction that was issued by the court; or
  • the registration of an order in a different state.1

1 18 U.S.C. § 2265(d)(3)

Sexual Assault Protection Orders

Basic info and definitions

What is the legal definition of a sexual assault offense?

For the purpose of getting a sexual assault protection order, a “sexual assault offense” means committing or attempting to commit any of the following:

1 Neb. Rev. Stat. § 26-102(7); see Neb. Rev. Stat. §§ 28-311.08 and 28-318(5), 65)

What types of sexual assault protection orders are there? How long do they last?

In Nebraska, there are ex parte temporary protection orders and final protection orders.

Ex parte temporary protection order

A judge can give you an ex parte temporary order without telling the abuser in advance. The abuser doesn’t have to be present in the courtroom. To get this order, the judge must believe that irreversible (irreparable) harm, loss, or damage will happen before a hearing can be held based on your affidavit or your statements.1

An ex parte order will last until a “show-cause hearing” is held. During this hearing, the abuser can present evidence (“show cause”) about why there should be no protection order.2

Note: If the judge does not give you an ex parte order, the judge must schedule a hearing within 14 days.3 If you or the abuser requests a show-cause hearing, the judge must schedule one within 30 days of receiving the petition. The judge can also schedule a hearing themselves.4

Final protection order

If you and the abuser do not request a show-cause hearing, and the judge doesn’t decide to hold one on their own, then your temporary order would be considered a final order without a hearing being held. This also applies if a show-cause hearing is scheduled, but the abuser fails to appear after service.5

A final protection order will last for between one and two years, but it can be renewed each year.6 See Can I renew my sexual assault protection order? for more information.

1 Neb. Rev. Stat. § 26-109(1)(b)
2 Neb. Rev. Stat. § 26-109(3)
3 Neb. Rev. Stat. § 26-108(1)(a)
4 Neb. Rev. Stat. § 26-109(4)​
5 Neb. Rev. Stat. § 26-109(5)(a), (b)
6 Neb. Rev. Stat. § 26-110(1)

What protections can I get in a sexual assault protection order?

An ex parte temporary or final sexual assault protection order can order:

  • the abuser not to:
    • place any limits on you or your freedom (liberty);
    • harass, threaten, assault, bother (molest), attack, or otherwise disturb you; and
    • contact you in any way; and
  • anything else the judge believes is necessary to protect your safety and welfare.1

Whether a judge orders any or all of the above depends on the facts of your case.

Unlike a domestic abuse protection order, a sexual assault protection order cannot give you custody of your children.2

1 Neb. Rev. Stat. § 26-105(2), (3)
2 See Nebraska Judicial Branch website’s frequently asked questions page

 

In which court do I file for a sexual assault protection order?

You must file the petition in the district court, but the case may take place in either the district or the county court.1 In the petition, you will have to state your preference for whether you want the case to be heard by a county court judge or by a district court judge.2 If you are unsure of which court to request, you might want to ask an attorney in your county for advice. For courthouse locations in your area, see our Nebraska Courthouse Locations page. To find legal organizations, go to our Nebraska Finding a Lawyer page.

1 Neb. Rev. Stat. § 26-106(1)
2 Neb. Rev. Stat. § 25-2740(2)

If the abuser lives in a different state, can I still get an order against them?

When you and the abuser live in different states, the judge in your state may not have legal power over an out-of-state abuser. This is called “personal jurisdiction,” and it means that the judge may not be able to grant an order against them.

However, there are a few ways that a judge can get personal jurisdiction over an out-of-state abuser:

  1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
  2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state, but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when they abused you, but they have since left the state.
  3. The abuser gets served with the court petition while they are in your state.

Even if none of the above apply to your situation, you may still be able to get an order. If you file, you may be granted an order by consent or the judge may decide that there are other reasons to grant the order.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to give you an order because of personal jurisdiction, you can file for an order in the courthouse in the state where the abuser lives. However, you might need to check if that state allows for online filing and remote participation, or if you would need to file in person and attend various court dates. This could be difficult if the abuser’s state is far away.

Getting a sexual assault protection order

Am I eligible to get a sexual assault protection order?

You can file for a sexual assault protection order if you have been the victim of a sexual assault offense. You do not have to have a specific relationship with the abuser to qualify for an order.1

If you do not qualify for a sexual assault protection order, you may qualify for a domestic abuse protection order or a harassment protection order instead. If you already filed for a sexual assault protection order, you can ask the judge to treat your petition as one asking for one of the other types of order. The judge can do that if they believe it is appropriate.2

1 Neb. Rev. Stat. § 26-105(1)
2 Neb. Rev. Stat. § 26-107

How much does a sexual assault protection order cost?

There is no fee to file or serve a sexual assault protection order.

The only way you might possibly be ordered to pay fees or costs is if the judge decides that the statements in your petition were false and that you filed the protection order in “bad faith.”1

At the final hearing, a judge may order the abuser to pay the costs related to filing or serving your protection order.2

1 Neb. Rev. Stat. § 26-116(1)
2 Neb. Rev. Stat. § 26-116(2)

What are the steps involved with getting a sexual assault protection order?

Do I need an attorney to get a sexual assault protection order?

You do not need an attorney to file for a protection order, but it is generally better to have one, especially if there will be a hearing or if the abuser is represented by one. To find a lawyer or legal aid program in your area, please visit our Nebraska Finding a Lawyer page. A domestic violence organization may be able to help you through the process if you do not have an attorney. To find a domestic violence organization, go to our Nebraska Advocates and Shelters page.

Do I have to share my address when filling out the court forms?

If you are worried about the harasser finding out your address, you may request that your address be kept confidential.1 You may also want to learn more about the Nebraska Office of the Secretary of State’s Address Confidentiality Program for victims of domestic violence, sexual assault, stalking, and trafficking.

1 See What happens after the judge signs the protection order? in the Nebraska Judicial Branch website’s frequently asked questions

After the hearing

What should I do when I leave the courthouse?

There are several things that you may want to consider when you leave the courthouse. You will have to evaluate each one and see if it is safe for your situation.

  • Review the order before you leave the courthouse. If something is wrong or missing, ask the clerk how to correct the order before you leave.
  • Keep a copy of the order with you at all times.
  • Make several copies of the order as soon as possible and leave copies of the order at your workplace, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
  • Give a copy to the security guard or person at the front desk where you live and work, along with a photo of the abuser.
  • Give a copy of the order to anyone who is named in and protected by the order.
  • If the court has not given you an extra copy for your local law enforcement agency, take one of your extra copies and deliver it to them.
  • Consider changing your locks and your phone number.

You may also want to make a safety plan. People can do things to increase their safety during violent incidents; when preparing to leave an abusive relationship; and when they are at home, work, and school. Many abusers obey protective orders, but some do not. So, it is important to build on the things you have already been doing to keep yourself safe. Go to our Safety Planning page for suggestions.

What can I do if the abuser violates the sexual assault order?

If the abuser violates your order, you can call the police or sheriff, even if you think it is a minor violation. It can be a Class I misdemeanor to purposefully (knowingly) violate a protection order. If the abuser has a prior conviction for violating any protection order, then violating your order can be a Class IV felony.1

Nebraska law requires that the abuser be arrested if “probable cause” exists that they violated a sexual assault protection order.2 The officer making this arrest is required to bring the abuser who violated your order to the judge that issued it. The judge in this situation is required to make a no-contact order to prevent the abuser from contacting you again.3 

If you feel that law enforcement officers did not respond according to Nebraska law, you could contact an attorney to discuss your legal options. Go to our Nebraska Finding a Lawyer page for legal referrals.

If the police become involved, it is generally a good idea to write down the names of the responding officers and their badge numbers in case you want to follow up on your case. Ideally, a police report should be filled out even if no arrest is made. If you have police reports of all violations of the order, it may be helpful in the future.

You may also be able to file for “contempt” for the abuser’s violation of the order. For more information about contempt, including the difference between criminal contempt and civil contempt, go to our general Domestic Violence Restraining Orders page.

Note: Violation of a domestic abuse protection order can also increase the penalty the abuser could face for committing the crime of stalking from a Class I misdemeanor to a Class IIIA felony.4  

1 Neb. Rev. Stat. § 26-118(1), (2)
2 Neb. Rev. Stat. § 26-119
3 Neb. Rev. Stat. § 26-120
4 Neb. Rev. Stat. § 28-311.04(2)(d)

Can I renew my sexual assault protection order?

You can ask to renew your order by submitting a petition and affidavit to renew the protection order within 45 days it is set to expire.1

Then, the process would be the same as when you filed your original petition. The judge may issue an ex parte order and the abuser may request a hearing to object to the renewal. The judge will consider the likelihood of harm to you over the next year when deciding whether to renew the order. You do not have to prove that there was further abuse or a violation of the protection order.2

You might not need a hearing if your statement (affidavit) explains why you want the renewal and confirms that nothing important has changed in your situation. The judge can renew your order based only on your affidavit if:

  1. you are not asking for any change to the order; and
  2. the abuser:
    1. is properly served and does not appear at the hearing; or
    2. tells the court that they do not oppose the renewal.3

If the judge agrees to renew the order, it would last for one year from the day after your current order expires. You can apply to renew the order each year.4

1 Neb. Rev. Stat. § 26-111(1)
2 See Garrison v. Otto, 311 Neb. 94 (2022)
3 Neb. Rev. Stat. § 26-111(2)
4 Neb. Rev. Stat. § 26-111(3); see the Renewal section of the Sexual Assault Protection Order page on the Nebraska Judicial Branch website

If I get a protection order, will it show up in an internet search?

According to federal law, which covers all states, territories, and tribal lands, courts are not supposed to publish online any information that could likely reveal your identity or location. This applies to all of these documents:

  • the petition you file;
  • the protection order, restraining order, or injunction that was issued by the court; or
  • the registration of an order in a different state.1

1 18 U.S.C. § 2265(d)(3)

Harassment Protection Orders

Basic information and definitions

What is the legal definition of harassment in Nebraska?

For the purpose of getting a harassment protection order, “harassment” means intentionally doing multiple acts (a “course of conduct”) that seriously terrify, threaten, or intimidate you. There must also be no lawful (legitimate) reason for those acts.1

Some examples of this could be following, stalking, repeatedly contacting, or physically holding (restraining or detaining) you.

1 Neb. Rev. Stat. § 28-311.02(2)(a)

What types of harassment protection orders are there? How long do they last?

In Nebraska, there are ex parte temporary protection orders and final protection orders.

Ex parte temporary protection order

A judge can give you an ex parte temporary order telling the abuser in advance. The abuser doesn’t have to be present in the courtroom. To get this order, the judge must believe that irreversible (irreparable) harm, loss, or damage will happen before a hearing can be held based on your affidavit or your statements. The judge can decide not to give you an ex parte order if there is a compelling reason not to.1

An ex parte order will last until a “show-cause hearing” is held. During this hearing, the abuser can present evidence (“show cause”) about why there should be no protection order.2

Note: If the judge does not give you an ex parte order, the judge must schedule a hearing within 14 days where both you and the abuser can be present.3 If you or the abuser requests a show-cause hearing, the judge must schedule one within 30 days of receiving the petition. The judge can schedule a hearing themselves.4

Final protection order

If you and the abuser do not request a show-cause hearing, and the judge doesn’t decide to hold one on their own, then your temporary order would be considered a final order without a hearing being held. This also applies if a show-cause hearing is scheduled, but the abuser fails to appear after service.5

A final protection order will last for between one and two years, but it can be renewed each year.6  See Can I renew my harassment protection order? for more information.

1 Neb. Rev. Stat. § 26-109(1)(b), (2)
2 Neb. Rev. Stat. § 26-109(3)
3 Neb. Rev. Stat. § 26-108(1)(b)
4 Neb. Rev. Stat. § 26-109(4)​
5 Neb. Rev. Stat. § 26-109(5)(a), (b)
6 Neb. Rev. Stat. § 26-110(1)

What protections can I get in a harassment protection order?

An ex parte temporary or final harassment protection order can order:

  • the abuser not to:
    • place any limits on you or your freedom (liberty);
    • harass, threaten, assault, bother (molest), attack, or otherwise disturb you; and
    • contact you in any way; and
  • anything else the judge believes is necessary to protect your safety and welfare.1

However, the judge cannot provide these protections if the respondent is doing these things during a labor picket.2 Whether a judge orders any or all of the above depends on the facts of your case.

Note: Unlike a domestic abuse protection order, a harassment protection order cannot give you custody of your children.3

1 Neb. Rev. Stat. § 26-104(2), (3)
2 Neb. Rev. Stat. § 26-104(4)
3 See Nebraska Judicial Branch website’s frequently asked questions

 

In which court do I file for a harassment protection order?

You must file the petition in the district court, but the case may take place in either the district or the county court.1 In the petition, you will have to state your preference for whether you want the case to be heard by a county court judge or by a district court judge.2 If you are unsure of which court to request, you might want to ask an attorney in your county for advice. For courthouse locations in your area, see our Nebraska Courthouse Locations page. To find legal organizations, go to our Nebraska Finding a Lawyer page.

1 Neb. Rev. Stat. § 26-106(1)
2 Neb. Rev. Stat. § 25-2740(2)

If the abuser lives in a different state, can I still get an order against them?

When you and the abuser live in different states, the judge in your state may not have legal power over an out-of-state abuser. This is called “personal jurisdiction,” and it means that the judge may not be able to grant an order against them.

However, there are a few ways that a judge can get personal jurisdiction over an out-of-state abuser:

  1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
  2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state, but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when they abused you, but they have since left the state.
  3. The abuser gets served with the court petition while they are in your state.

Even if none of the above apply to your situation, you may still be able to get an order. If you file, you may be granted an order by consent or the judge may decide that there are other reasons to grant the order.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to give you an order because of personal jurisdiction, you can file for an order in the courthouse in the state where the abuser lives. However, you might need to check if that state allows for online filing and remote participation, or if you would need to file in person and attend various court dates. This could be difficult if the abuser’s state is far away.

Getting a harassment protection order

Am I eligible to file for a harassment protection order?

You can file for a harassment protection order if you have been the victim of harassment. You do not have to have a specific relationship with the abuser to qualify for an order.1

If you do not qualify for a harassment protection order, you may qualify for a domestic abuse protection order or a sexual assault protection order instead. If you already filed for a harassment protection order, you can ask the judge to treat your petition as one asking for one of the other types of order. The judge can do that if they believe it is appropriate.2

1 Neb. Rev. Stat. § 26-104(1)
2 Neb. Rev. Stat. § 26-107

How much does it cost to get a harassment protection order?

There is no fee to file or serve a harassment protection order.

The only way you might possibly be ordered to pay fees or costs is if the judge decides that the statements in your petition were false and that you filed the protection order in “bad faith.”1

At the final hearing, a judge may order the abuser to pay the costs related to filing or serving your protection order.2

1 Neb. Rev. Stat. § 26-116(1)
2 Neb. Rev. Stat. § 26-116(2)

What are the steps for getting a harassment protection order?

Do I need an attorney to get a harassment protection order?

You do not need an attorney to file for a protection order, but it is generally better to have one, especially if there will be a hearing or if the abuser is represented by one. To find a lawyer or legal aid program in your area, please visit our Nebraska Finding a Lawyer page. A domestic violence organization may be able to help you through the process if you do not have an attorney. To find a domestic violence organization, go to our Nebraska Advocates and Shelters page.

Do I have to share my address when filling out the court forms?

If you are worried about the harasser finding out your address, you may request that your address be kept confidential.1 You may also want to learn more about the Nebraska Office of the Secretary of State’s Address Confidentiality Program for victims of domestic violence, sexual assault, stalking, and trafficking.

1 See What happens after the judge signs the protection order? in the Nebraska Judicial Branch website’s frequently asked questions

After the hearing

What should I do when I leave the courthouse?

There are several things that you may want to consider when you leave the courthouse. You will have to evaluate each one and see if it is safe for your situation.

  • Review the order before you leave the courthouse. If something is wrong or missing, ask the clerk how to correct the order before you leave.
  • Keep a copy of the order with you at all times.
  • Make several copies of the order as soon as possible and leave copies of the order at your workplace, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
  • Give a copy to the security guard or person at the front desk where you live and work, along with a photo of the abuser.
  • Give a copy of the order to anyone who is named in and protected by the order.
  • If the court has not given you an extra copy for your local law enforcement agency, take one of your extra copies and deliver it to them.
  • Consider changing your locks and your phone number.

You may also want to make a safety plan. People can do things to increase their safety during violent incidents; when preparing to leave an abusive relationship; and when they are at home, work, and school. Many abusers obey protective orders, but some do not. So, it is important to build on the things you have already been doing to keep yourself safe. Go to our Safety Planning page for suggestions.

What can I do if the abuser violates the harassment order?

If the abuser violates your order, you can call the police or sheriff, even if you think it is a minor violation. It can be a Class II misdemeanor to purposefully (knowingly) violate a harassment. If the abuser has a prior conviction for violating any protection order, then violating your order can be a Class I misdemeanor.1

Nebraska law requires that the abuser be arrested if “probable cause” exists that they violated a harassment protection order.2 The officer making this arrest is required to bring the abuser who violated your order to the judge that issued it. The judge in this situation is required to make a no-contact order to prevent the abuser from contacting you again.3 

If you feel that law enforcement officers did not respond according to Nebraska law, you could contact an attorney to discuss your legal options. Go to our Nebraska Finding a Lawyer page for legal referrals.

If the police become involved, it is generally a good idea to write down the names of the responding officers and their badge numbers in case you want to follow up on your case. Ideally, a police report should be filled out even if no arrest is made. If you have police reports of all violations of the order, it may be useful in the future.

You may also be able to file for “contempt” for the abuser’s violation of the order. For more information about contempt, including the difference between criminal contempt and civil contempt, go to our general Domestic Violence Restraining Orders page.

Note: Violation of a harassment order can also increase the penalty the abuser could face for committing the crime of stalking from a Class I misdemeanor to a Class IIIA felony.4  

1 Neb. Rev. Stat. § 26-118(1), (3)
2 Neb. Rev. Stat. § 26-119
3 Neb. Rev. Stat. § 26-120
4 Neb. Rev. Stat. § 28-311.04(2)(d)

Can I renew my harassment protection order?

You can ask to renew your order by submitting a petition and affidavit to renew the protection order within 45 days it is set to expire.1

Then, the process would be the same as when you filed your original petition. The judge may issue an ex parte order and the abuser may request a hearing to object to the renewal. The judge will consider the likelihood of harm to you over the next year when deciding whether to renew the order. You do not have to prove that there was further abuse or a violation of the protection order.2

You might not need a hearing if your statement (affidavit) explains why you want the renewal and confirms that nothing important has changed in your situation. The judge can renew your order based only on your affidavit if:

  1. you are not asking for any change to the order; and
  2. the abuser:
    1. is properly served and does not appear at the hearing; or
    2. tells the court that they do not oppose the renewal.3

If the judge agrees to renew the order, it would last for one year from the day after your current order expires. You can apply to renew the order each year.4

1 Neb. Rev. Stat. § 26-111(1)
2 See Garrison v. Otto, 311 Neb. 94 (2022)
3 Neb. Rev. Stat. § 26-111(2)
4 Neb. Rev. Stat. § 26-111(3); see the Renewal section of the Harassment Protection Order page on the Nebraska Judicial Branch website

 

If I get a protection order, will it show up in an internet search?

According to federal law, which covers all states, territories, and tribal lands, courts are not supposed to publish online any information that could likely reveal your identity or location. This applies to all of these documents:

  • the petition you file;
  • the protection order, restraining order, or injunction that was issued by the court; or
  • the registration of an order in a different state.1

1 18 U.S.C. § 2265(d)(3)

Moving to Another State with a Nebraska Protection Order

General rules

Can I get my protection order from Nebraska enforced in another state?

If you have a valid Nebraska protection order that meets federal standards, it can be enforced in another state. The Violence Against Women Act (VAWA), which is a federal law, says that all valid protection orders granted in the United States receive “full faith and credit” in all state and tribal courts within the U.S., including U.S. territories. In other words, each state must enforce out-of-state protection orders in the same way it enforces its own orders. If an abuser violates your out-of-state protection order, s/he will be punished according to the laws of whatever state you are in when the order is violated.

How do I know if my protection order is good under federal law?

A protection order is good anywhere in the United States as long as:

  • It was issued to prevent violent or threatening acts, harassing behavior, or sexual violence, or it was issued to prevent another person from coming near you or contacting you;1
  • The judge that gave the order had power (jurisdiction) over the people and case; in other words, the judge had the authority to hear the case; and
  • The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
    • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.2

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

1 18 U.S.C. § 2266(5)
2 18 U.S.C. § 2265(a), (b)

I have an ex parte or temporary protection order.  Can it be enforced in another state?

An ex parte temporary order can be enforced in other states as long as it meets the requirements listed in How do I know if my protection order is good under federal law?1

Note: The state where you are going generally cannot extend your ex parte temporary order or issue you a permanent order when the temporary one expires. If you need to extend your temporary order, you will have to contact the state that issued the order and arrange to be at the hearing in person, by telephone, or virtually, if that is an option offered by the court. However, you may be able to reapply for one in the new state that you are moving to if you meet the requirements for getting a protective order in that state – but, if you apply for one in a new state, the abuser would know what state you are living in, which may put you in danger.

Getting your Nebraska protection order enforced in another state

How do I get my protection order enforced in another state? 

You do not have to take any special steps to get your protection order enforced in another state. Many states have a process to register or file an out-of-state order to make it easier to enforce if the abuser breaks the order. However, you can still get a valid protection order enforced in another state even if you do not register or file it.1 For your safety, always keep a copy of your protection order with you.

It can help to know the rules in any state where you will live or visit. For example, in some states, you may need a certified copy of your out-of-state protection order. Knowing the rules in your new state may help you get the police or courts to enforce your order quickly.

A domestic violence organization can tell you how this works in your area. To find one, visit our Advocates and Shelters page and choose your new state in the drop-down menu.

1 18 U.S.C. § 2265(d)(2)

Do I need a special copy of my protection order to it enforced?

In some states, you will need a certified copy of your protection order. A certified copy says that it is a “true and correct” copy, it is signed and initialed by the clerk of court that gave you the order, and usually it has some kind of court stamp on it.

When the judge issues you an ex parte or final protection order, the clerk of the court will give you two certified copies of the order for free.1

It is a good idea to keep a copy of the order with you at all times. You will also want to bring several copies of the order with you when you move. Leave copies of the order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on. Give a copy to the security guard or person at the front desk where you live and work. Also give a copy of the order to anyone who is named in and protected by the order.

1 Neb. Rev. Stat. § 26-114(1)(a)(i)

Can I get someone to help me?  Do I need a lawyer?

You do not need a lawyer to get your protection order enforced in another state.  However, you may want to get help from a local domestic violence advocate or attorney in the state that you move to. 

A domestic violence advocate can tell you what the advantages and disadvantages are for registering your protection order. S/he may also be able to help you through the process if you decide to register it. To find a domestic violence advocate or lawyer in the state to which you are moving, go to the Places that Help page and select that state from the drop-down menu.

 

Do I need to tell the court in Nebraska if I move?

It is important for the court to have an up-to-date address for you in order to communicate with you if the abuser asks the court to dismiss the order or files to change (modify) it in any way. If the abuser does not know your new address, you can ask the court clerk to make sure that it is kept confidential. It should be kept in a confidential part of your file where the public will not have access to it. However, your new address could possibly be released to court officials in your new state or law enforcement officials in either Nebraska or your new state. If you feel nervous about giving your address to the court, you could file for Nebraska’s Address Confidentiality Program, which would allow you to have mail forwarded to your new address through the Secretary of State.1

1 NE ST § 42-1204(1)

 

Enforcing custody provisions in another state

I was granted temporary custody with my protection order. Can I take my kids out of the state?

Whether you can take your kids out of state may depend on what exactly your protection order says about custody and visitation. You may have to ask the judge for permission before you leave the state with your kids. If the abuser has the right to visit with your children, then you may have to get the order changed. You may have to convince the judge that there is a fair and realistic alternative to the current visitation schedule. To read more about custody laws, go to our NE Custody page.

If you are unsure whether or not you can take your kids out of the state, talk to a lawyer who understands domestic violence and custody laws. You can find contact information for legal assistance in Idaho on our NE Finding a Lawyer page.

 

I was granted temporary custody with my protection order. Will another state enforce this custody order?

If your protection order includes custody, visitation, and child support, these parts of the order can be enforced in any state. Law enforcement and courts must enforce your temporary custody order as long as it meets certain federal law standards.1

To have someone read your order and tell you if it meets these standards, contact a lawyer in the new state. To find a lawyer, go to Finding a Lawyer and choose the state from the drop-down menu.

1 18 U.S.C. § 2266

Enforcing an Out-of-State Order in Nebraska

General rules for out-of-state orders in Nebraska

Can I get my protection order enforced in Nebraska? What are the requirements?

Your protection order can be enforced in Nebraska as long as:

  • It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.1
  • The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
  • The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
    • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.2

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

1 18 U.S.C. § 2266(5)
2 18 U.S.C. § 2265(a), (b)

Can I have my out-of-state protection order changed, extended, or canceled in Nebraska?

Generally, only the state that issued your protection order can change, extend, or cancel the order. To have your order changed, extended, or canceled, you will likely have to file a motion or petition in the court where the order was issued. You may be able to ask to attend the court hearing by telephone or video rather than in person so that you do not need to return to the state where the abuser lives. Find out if this is possible by calling the clerk of the court that issued your order. To learn more about changing your order, see the Restraining Orders page for the state where your order was issued. To get the information for the court that issued your order, go to Courthouse Locations and choose the state from the drop-down menu.

If your order expires while you are living in Nebraska, you may be able to get a new protection order in Nebraska. However, this may be difficult to do if no new incidents of abuse have occurred in Nebraska. To find out how to get a protection order in Nebraska, visit our NE Restraining Orders page.

I was granted temporary custody with my protection order. Will I still have temporary custody of my children in Nebraska?

As long as the child custody part of your order meets the standards of certain federal laws, Nebraska can enforce it.1

To have someone read your order and tell you if it meets these standards, contact a lawyer in your area. To find a lawyer in your area, go to our Nebraska Finding a Lawyer page.

1 The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping Prevention Act of 1980.

Registering your out-of-state order in Nebraska

What is the National Crime Information Center (NCIC) Registry? Who has access to it?

The National Crime Information Center Registry (NCIC) is a nationwide, electronic database used by law enforcement agencies in the U.S., Canada, and Puerto Rico. It is managed by the FBI and state law enforcement officials.

The state that issued your protection order may already have entered your order into the NCIC when you got the order. If not, your order could be entered into the NCIC if you register it in Nebraska. All law enforcement officials have access to the NCIC database, but the information is encrypted so outsiders cannot access it.1

1 See the FBI website

How do I register my protection order in Nebraska?

To register your protection order in Nebraska, you need to present a certified copy of your order either to the Nebraska State Patrol or to the county or district court clerk.1  It’s a good idea to bring your photo ID with you when you register your order. You might also be able to fax your copy to the State Patrol to get it registered. Call the State Patrol headquarters at (402) 471-4545 to find out if this is possible in your area.

There is no fee to register your protection order.2  When your order is registered, the clerk or officer will give you a certified copy of your registered order.3

If you need help registering your protection order, you can contact a local domestic violence organization in Nebraska for assistance.  You can find contact information for organizations in your area on our NE Advocates and Shelters page.

1 NE ST § 42-936(a)(1), (a)(2)
2 NE ST § 42-936(f)
3 NE ST § 42-936(b)

Do I have to register my protection order in Nebraska in order to get it enforced?

You do not need to register a protective order from another state to get it enforced.1 However, if you register your order in Nebraska, this may help the local law enforcement officers more easily check that your order is valid.

1 NE ST § 42-935(d)

Will the abuser be notified if I register my protection order?

Under the federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, the court is not permitted to notify the abuser when a protective order has been registered or filed in a new state unless you specifically request that the abuser be notified.1 However, you may wish to confirm that the clerk is aware of this law before registering the order if your address is confidential.

However, remember that there may be a possibility that the abuser could somehow find out what state you have moved to. It is important to continue to safety plan, even if you are no longer in the state where the abuser is living. We have some safety planning tips to get you started on our Safety Planning page. You can also contact a local domestic violence organization to get help in developing a personalized safety plan. You will find contact information for organizations in your area on our NE Advocates and Shelters page.

1 18 U.S.C. § 2265(d)

What if I don't register my protection order? Will it be more difficult to have it enforced?

You do not need to register your protection order to get it enforced in Nebraska.1 However, if your order is not entered into the state registry, it may be harder for a law enforcement officer to check if your order is valid. So, it could take longer to get your order enforced.

If you are unsure if registering your order in Nebraska is right for you, you may want to talk with a domestic violence advocate. An advocate can help you decide what is safest for you. You can find domestic violence advocates in Nebraska on our NE Advocates and Shelters page.

1 NE ST § 42-935(d)

 

Does it cost anything to register my protection order?

There is no cost for registering your protection order in Nebraska.1

1 NE ST § 42-936(b)