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Legal Information: Nebraska

Restraining Orders

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Laws current as of July 10, 2024

Am I eligible to file for a harassment protection order?

Any person who has suffered harassment can apply to the court for a harassment protection order.1 It does not matter what your relationship is to the person who is harassing you.

1 NE R.S. § 28-311.09(1)

How much does a harassment protection order cost?

There are no fees or costs to get a harassment 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.”1

Note: At the final hearing, a judge may order the abuser to pay the costs related to filing or serving your protection order.2

1 NE R.S. § 28-311.09(5)(a)
2 NE R.S. § 28-311.09(5)(b)

What are the steps for getting a harassment protection order?

The steps for getting a harassment protection order are similar to those to get a domestic violence protection order, but you will fill out different paperwork. If you have questions, you can call the clerk of court or talk to a lawyer. You can find the contact information for local courthouses on the NE Courthouse Locations page and for lawyers on the NE Finding a Lawyer page.

Do I have to share my address when filling out the court forms?

If you are afraid to include your address on the court forms since the abuser will see it, you may request that your address be kept confidential.1 

If you are worried about the harasser finding out your address, you may also want to learn more about the Nebraska Office of the Secretary of State’s Address Confidentiality Program for victims of domestic violence, sexual assault, stalking, and trafficking

1 See Nebraska Judicial Branch website’s frequently asked questions

Do I need to bring anything to court?

On the initial court date, when filing for your order, you may need to bring photo identification in order to show the person notarizing your signature.

On the return court date, if there is a show-cause hearing, it is often best to get a lawyer to represent you in a hearing. You and your lawyer will discuss what you should bring with you on the court date. Go to our NE Finding a Lawyer page for legal referrals. If you are going to be representing yourself, you may want to bring with you any proof of harassment, such as:

  • photographs of injuries;
  • copies of any threatening notes, emails, phone, or text messages printed out; and
  • any witnesses who saw or heard the harassment.1

Our At the Hearing page offers more tips and information on what to expect at a hearing and how to prepare yourself beforehand.

1 See Nebraska Judicial Branch website’s frequently asked questions

How does the order get served upon the respondent?

The sheriff’s office in the county where the harasser lives will be responsible for serving the harassment protection order. The court clerk will provide a copy of the order to the appropriate sheriff’s office. After service is completed, the sheriff must file proof of service with the court clerk within 14 days of the date that the harassment protection order was issued.1

Note: Usually, the sheriff will go to the harasser’s home, work, or other place s/he can be found to serve the papers. If, for example, you believe that serving the respondent at work will endanger you, you can include this information in the forms that you fill out and request that the harasser not be served at work.

1 NE R.S. § 28-311.09(9)