Restraining Orders

You can ask to renew your order by submitting a petition and affidavit to renew the protection order within 45 days it is set to expire.¹

Then, the process would be the same as when you filed your original petition. The judge may issue an ex parte order and the abuser may request a hearing to object to the renewal. The judge will consider the likelihood of harm to you over the next year when deciding whether to renew the order. You do not have to prove that there was further abuse or a violation of the protection order.²

You might not need a hearing if your statement (affidavit) explains why you want the renewal and confirms that nothing important has changed in your situation. The judge can renew your order based only on your affidavit if:

1. you are not asking for any change to the order; and
2. the abuser:
   
   1. is properly served and does not appear at the hearing; or
   2. tells the court that they do not oppose the renewal.³

If the judge agrees to renew the order, it would last for one year from the day after your current order expires. You can apply to renew the order each year.⁴

¹ Neb. Rev. Stat. § 26-111(1)
² See Garrison v. Otto, 311 Neb. 94 (2022)
³ Neb. Rev. Stat. § 26-111(2)
⁴ Neb. Rev. Stat. § 26-111(3); see the Renewal section of the Harassment Protection Order page on the Nebraska Judicial Branch website