What can I do if the abuser violates the order?
You can call the police or sheriff, even if you think it is a minor violation. An abuser can be arrested, fined and/or jailed. A violation of a protection order can be a Class I misdemeanor - and 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 an arrest be made if “probable cause” exists that the respondent violated a domestic abuse protection order.2 If you feel that law enforcement officers did not respond according to Nebraska law, you should contact an attorney to discuss the issue and to see what legal actions can be taken. Go to our NE Finding a Lawyer page for legal referrals.
If the police become involved, it is generally a good idea to write down the name of the responding officer(s) and his/her badge number in case you want to follow up on your case. Make sure a police report is filled out, even if no arrest is made. If you have legal documentation of all violations of the order, it may be useful in the future.
For more information about contempt, including the difference between criminal contempt and civil contempt, go to our general Domestic Violence Restraining Orders page.
1 NE R.S. § 42-924(4)
2 NE R.S. § 42-928