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Legal Information: Nebraska

Restraining Orders

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Laws current as of April 26, 2024

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 his/her own to hold a hearing.2

If there is a hearing, you must attend and you’ll have to prove that the abuser has committed an act of domestic abuse against you or your child.

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 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 NE 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 NE R.S. § 42-925(3)
2 NE R.S. § 42-925(1)
3 NE R.S. § 42-925(3), (7)​