Restraining Orders

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)