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Legal Information: Nebraska

Restraining Orders

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Updated: 
March 5, 2020

What is the National Crime Information Center (NCIC) Registry? Who has access to it?

The National Crime Information Center Registry (NCIC) is a nationwide, electronic database used by law enforcement agencies in the U.S, Canada, and Puerto Rico. It is managed by the FBI and state law enforcement officials.Before moving to Nebraska, the state that issued your protection order may already have entered your order into the NCIC. If not, your order will be entered into the NCIC once your order is registered in NE. All law enforcement officials have access to the NCIC database, but the information is encrypted so outsiders cannot access it.

How do I register my protection order in Nebraska?

To register your protection order in Nebraska, you need to present a certified copy of your order either to the Nebraska State Patrol or to the county or district court clerk.1  You might also be able to fax your copy to the State Patrol to get it registered.  Call the State Patrol headquarters at (402) 471-4545 to find out if this is possible in your area.

There is no fee to register your protection order, but you may be asked to sign an affidavit (a sworn statement in writing) saying that the order is still in effect.2  When your order is registered, the clerk or officer will give you a certified copy of your registered order.3  It’s a good idea to bring your photo ID with you when you register your order - this is required in some counties.  Depending on what county you’re in, you might also be asked to fill out an information form or to present proof of service (something that says that the abuser had notice of the order).

If you need help registering your protection order, you can contact a local domestic violence organization in Nebraska for assistance.  You can find contact information for organizations in your area here on our NE Places that Help page.

1 NE ST § 42-936 (a)(1),(2)
2 NE ST § 42-936 (d),(f)
3 NE ST § 42-936(b)

 

Do I have to register my protection order in Nebraska in order to get it enforced?

No. Nebraska state law gives full protection to an out-of-state protection order as long as the officer believes that the order exists and that it is valid (real).1 It does not have to be entered into the state or federal registry in order to be enforced by a Nebraska police officer, but the officer does need to believe that it is valid.

1 NE ST § 42-935(d)

Will the abuser be notified if I register my protection order?

Under the federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, the court is not permitted to notify the abuser when a protective order has been registered or filed in a new state unless you specifically request that the abuser be notified.1  However, you may wish to confirm that the clerk is aware of this law before registering the order if your address is confidential.

However, remember that there may be a possibility that the abuser could somehow find out what state you have moved to.  It is important to continue to safety plan, even if you are no longer in the state where the abuser is living.  We have some safety planning tips to get you started on our Safety Tips page.  You can also contact a local domestic violence organization to get help in developing a personalized safety plan. You will find contact information for organizations in your area on our NE Advocates and Shelters page.

1 18 USC § 2265(d)

What if I don't register my protection order?  Will it be more difficult to have it enforced?

Maybe. While neither federal law nor state law requires that you register your protection order in order to get it enforced, if your order is not entered into the state registry, it may be more difficult for a NE law enforcement official to determine whether your order is real. Meaning, it could take longer to get your order enforced.

If you are unsure about whether registering your order is the right decision for you, you may want to contact a local domestic violence organization in your area.  An advocate there can help you decide what the safest plan of action is for you in Nebraska.  To see a list of local domestic violence organizations in NE, go to our NE Advocates and Shelters page.

 

Does it cost anything to register my protection order?

No. There is no fee for registering your protection order in Nebraska.1

1 NE ST § 42-936(b)