Restraining Orders

In Nebraska, there are ex parte temporary protection orders and final protection orders.

A judge can give you an ex parte temporary order without prior notice to the abuser or his/her presence in the courtroom. To get this order, the judge must believe that you are in immediate danger of being abused based on your affidavit or your statements. If an ex parte order is issued, it will be served upon the abuser along with a form for the abuser to request a “show-cause hearing.” During the hearing, the abuser would appear in court and present evidence (“show cause”) as to why the order should be dismissed and you would present evidence about why you should keep the order. The abuser has 10 business days to return the request for the show-cause hearing.¹ If the judge does not give you an ex parte order, the judge could schedule a hearing within 14 days where both you and the abuser can be present. At that hearing, you would present evidence to the judge to try to prove why an order should be issued.²

If the abuser requests a show-cause hearing, it will be scheduled within 30 days. The judge can also decide on his/her own to have a hearing or you can request it. At that hearing, the judge would decide whether to issue a final order.

If the abuser does not request a show-cause hearing, and the judge doesn’t decide to hold one on his/her own, then your temporary order would be considered a final order.³ A final protection order will last for one year but it can be renewed each year.⁴ See Can I renew my protection order? for more information.

¹ NE R.S. § 42-925(1)
² NE R.S. § 42-925(3)
³ NE R.S. § 42-925(2)​
⁴ NE R.S. §§ 42-925(5); 42-924(3)