Restraining Orders

If the abuser violates your order, you can call the police or sheriff, even if you think it is a minor violation. It can be a Class I misdemeanor to purposefully (knowingly) violate a protection order. If the abuser has a prior conviction for violating any protection order, then violating your order can be a Class IV felony.¹

Nebraska law requires that the abuser be arrested if “probable cause” exists that they violated a sexual assault protection order.² The officer making this arrest is required to bring the abuser who violated your order to the judge that issued it. The judge in this situation is required to make a no-contact order to prevent the abuser from contacting you again.³ 

If you feel that law enforcement officers did not respond according to Nebraska law, you could contact an attorney to discuss your legal options. Go to our Nebraska Finding a Lawyer page for legal referrals.

If the police become involved, it is generally a good idea to write down the names of the responding officers and their badge numbers in case you want to follow up on your case. Ideally, a police report should be filled out even if no arrest is made. If you have police reports of all violations of the order, it may be helpful in the future.

You may also be able to file for “contempt” for the abuser’s violation of the order. For more information about contempt, including the difference between criminal contempt and civil contempt, go to our general Domestic Violence Restraining Orders page.

Note: Violation of a domestic abuse protection order can also increase the penalty the abuser could face for committing the crime of stalking from a Class I misdemeanor to a Class IIIA felony.⁴  

¹ Neb. Rev. Stat. § 26-118(1), (2)
² Neb. Rev. Stat. § 26-119
³ Neb. Rev. Stat. § 26-120
⁴ Neb. Rev. Stat. § 28-311.04(2)(d)