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Legal Information: Nebraska

Restraining Orders

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Updated: 
October 30, 2020

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 one of the following family or household members:

  • your spouse or former spouse;
  • a person with whom you currently live or used to live;
  • a person with whom you have had a child, even if you were never married;
  • a person you are dating or have dated in the past;
  • a relative by blood or marriage; or
  • your child.1

If you do not qualify for a domestic violence protection order, you may qualify for a harassment protection order. See our Harassment Protection Orders section for more information.

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 for filing for or serving a protection order. However, the judge may order you to pay fees and costs if the judge determines that the statements in the petition were false and that the protection order was sought in “bad faith.” Furthermore, at the final hearing, a judge may order the respondent to pay these costs.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. A domestic violence organization in your area may be able to refer you to an attorney or legal aid service that will take your case for free. Often, domestic violence organizations can help you through the process if you do not have an attorney. To find a lawyer or legal aid program in your area, please visit the NE Finding a Lawyer page. To find a domestic violence organization, fo to our NE Advocates and Shelters page.