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Legal Information: Nebraska

Restraining Orders

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Laws current as of
May 2, 2024

Who can get a sexual assault protection order?

Victims of a sexual assault offense that was committed by anyone can file for a sexual assault protection order. You do not have to have a specific relationship with the abuser to qualify for an order.1

1 NE R.S. § 28-311.11(1)

What are the steps involved with getting a sexual assault protection order?

The steps to get a sexual assault protection order are similar to the steps 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.

How much does a sexual assault protection order cost?

There are no fees or costs to get a sexual assault 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.”

Note: At the final hearing, a judge may order the abuser to pay the costs related to filing or serving your protection order.1

1 NE R.S. § 28-311.11(5)(a), (5)(b)

What if the abuser violates the order?

If the abuser violates a sexual assault protection 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

You can call 911 immediately and the police may arrest the abuser if s/he has probable cause to believe the abuser violated the order.2

1 NE R.S. § 28-311.11(4)
2 NE R.S. § 28-311.11(10)

Can I renew my protection order?

To request a renewal of your order, you must file a petition and affidavit to renew the protection order within the 45 days before your order 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

If the judge agrees to renew the order, it would last for one year from the day after your current order expires.1 

1 NE R.S. § 28–311.11(12)(a), (12)(c)
2 See Garrison v. Otto, 311 Neb. 94 (2022)