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Legal Information: Nebraska

Restraining Orders

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December 18, 2023

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 who the person harassing you is. It can be a stranger or someone you know.

1 NE R.S. § 28-311.09(1)

How much does a harassment protection order cost?

There are no fees for filing a harassment order (but the judge may possibly order the respondent to pay court costs).1 However, if the judge finds that any false statements were made in the petition and the request for the order was made in “bad faith,” the judge may order you to pay court filing fees.2

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

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

If you are afraid to include your personal information on the court forms (because your harasser will receive a copy of all of the forms you fill out), you may request that your address be kept confidential.1 However, please keep in mind that it is important that the clerk knows how to get in contact with you.

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 and stalking.

1 See NE Judicial Branch website’s frequently asked questions page.

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 any proof of harassment with you that you may have, such as:

  • Photographs of injuries (and if possible the person who took the photographs);
  • Any threatening notes, emails, phone or text messages (Note: please talk to a lawyer about the best way to submit evidence of voicemails or text messages. Brining the phone into court to show the texts to the judge, for example, may not be practical if the judge will want to keep the phone in the court file as is done with other evidence that is used in the hearing); and
  • A witness who saw or overheard the harassment (keep in mind, however, that some courts only allow the person being harassed and the harasser to testify).1

See also our At the Hearing page for more tips and information on what to expect at a hearing and how to prepare yourself beforehand.

1 See NE Judicial Branch website’s frequently asked questions page.

How does the order get served (delivered) to the respondent (harasser)?

The sheriff’s office in the county where the harasser lives will be responsible for serving the harassment protection order to the harasser. The court clerk will provide a copy of the order to the sheriff’s office with instructions for serving the order. The sheriff’s office must then serve the order to the harasser and file proof of service with the court clerk within 14 days of the date that the harassment protection order was issued.1Note: In order for the papers to be served upon (legally given to) the harasser, the sheriff will go to the harasser’s home, work, or other place s/he can be found to hand him/her the papers. If, for example, you believe that serving the respondent at his/her 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)