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Legal Information: Nebraska

Restraining Orders

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Laws current as of April 26, 2024

Am I eligible for a domestic violence protection order?

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

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

If you do not qualify for a domestic violence protection order, you may qualify for a harassment protection order or a sexual assault protection order.

1 NE R.S. § 42-903(3)

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

In Nebraska, you may apply for a domestic violence protection order against a current or former same-sex partner as long as the relationship meets the requirements listed in Am I eligible for a domestic violence protection order?  You must also be the victim of an act of abuse, which is explained here What is the legal definition of abuse in Nebraska?

You can find information about LGBTQIA victims of abuse and what types of barriers they may face on our LGBTQIA Victims page.

How much does it cost to get a protection order?

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

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

Note: At the final hearing, a judge may order the abuser to pay the costs related to filing or serving your protection order.1

1 NE R.S. § 42-924.01

Do I need an attorney to get a 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 NE Finding a Lawyer page. Often, domestic violence organizations can help you through the process if you do not have an attorney. To find a domestic violence organization, go to our NE Advocates and Shelters page.