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Legal Information: Nebraska

Restraining Orders

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Updated: 
March 5, 2020

Who can get a sexual assault protection order?

Victims of sexual contact or sexual penetration without consent 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.

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

The steps to get a sexual assault protection order are like the steps to get a domestic violence protection order, but you may 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. However, the judge can order you to pay court fees and costs if s/he finds that you lied in your petition and filed for a protection order in “bad faith” (for inappropriate reasons).1

1NE R.S. § 28-311.11(5)(a)

What if the abuser violates the order?

If someone knowingly violates a sexual assault protection order, s/he could be committing a crime. Violating a sexual assault protection is a Class I misdemeanor if it is the abuser’s first offense. It is a Class IV felony if the person has a prior conviction for violating a sexual assault protection order.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 extend my protection order?

A protection order can be extended (renewed) once a year for a period of one year. To extend 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. Regardless of when you file the affidavit and petition, the renewed order would be effective beginning on the first day after your current order expires and would expire one year from that date.1

You can get your order renewed even if there has been no additional incidents. So, even if your affidavit states there has been no major (material) change in the relevant circumstances since you got the order, you can still get your order renewed if:

  1. you are not asking for the order to be changed (modified) in any way; and
  2. the respondent:
    • has been properly served with notice of the petition for renewal and notice of the hearing and s/he doesn’t show up at the hearing; or
    • the respondent lets the court know that s/he does not disagree with the renewal.2

1 NE R.S. § 28–311.11(12)(a), (12)(c)
2 NE R.S. § 28–311.11(12)(b)