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EspañolAm 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?
In Nebraska, you may apply for a domestic abuse protection order against a current or former same-sex partner as long as your relationship meets the requirements listed in Am I eligible for a domestic abuse protection order? You must also be the victim of an act of abuse, which is explained in What is the legal definition of abuse in Nebraska?
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:
- the abuser files their own cross- or counter-petition against you; and
- 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
