Nebraska Protective Orders Laws

Courts issue protective orders (also called orders of protection or restraining orders) to protect individuals from stalking or unwanted contact with a potentially dangerous person. There are many different types of protective orders, such as:

• Harassment protection orders
• Domestic abuse protection orders
• Sexual assault protection orders
• Domestic violence protection order

Once the court system issues a protection order, the person named in it (the respondent) must obey it or face criminal penalties. For example, they may have to stay a certain distance away from the person seeking the order (the petitioner). Other activities that a protective order generally prevents (or enjoins) the respondent from doing include the following:

• Communicating with the petitioner (in-person, telephonically, etc.)
• Threatening the petitioner
• Owning a firearm

This article summarizes Nebraska's protective order laws regarding domestic abuse. It begins with a brief overview of protective orders in Nebraska, followed by a chart outlining relevant statutes. It concludes with a list of related resources regarding domestic violence.

If either you or a family member is a victim of domestic violence, contact the National Domestic Violence Hotline, the Nebraska Coalition to End Sexual and Domestic Violence, or local law enforcement.

Nebraska Protective Orders Overview and Definitions

Nebraska's legislature enacted the Protection from Domestic Abuse Act to provide family and household members who suffer domestic abuse the necessary services to lessen and reduce the trauma of domestic abuse. These services include the following:

• Shelter
• Counseling
• Social services
• Limited medical care
• Limited legal assistance
• Other support services for victims, abusers, and children
• Emergency services

Under the Act, abuse refers to the occurrence of any or all of the following acts between family or household members:

• Attempting to cause or intentionally and knowingly causing bodily injury with or without a dangerous instrument
• Placing another person in fear of bodily injury through the use of a credible threat
• Sexual contact or sexual penetration without consent

The terms family and household members refer to the following people:

• Spouses
• Former spouses
• Children
• People who currently live together or who have lived together in the past
• People who have a child in common (regardless of whether or not they were ever married or lived together)
• People related by blood (e.g., cousins) or marriage (e.g., a brother- or sister-in-law)
• People who are or were in a dating relationship (i.e., they engaged in frequent, intimate associations characterized by the expectation of affectionate or sexual involvement)

Any victim of domestic abuse can file a petition and affidavit for a protection order. Petitioners must file with the clerk of the district court. The clerk can provide the necessary forms, but they cannot give the petitioner legal advice.

Once filed, the district or county court will hold a hearing on the petition. Depending on the evidence presented at the court hearing, the court will decide whether or not to issue a protection order.

The court may issue an ex parte order if it determines that the petitioner will be in immediate danger of abuse before the court can hold a hearing. The respondent can file a petition and affidavit to schedule a show-cause hearing, at which the respondent may appear and show cause as to why the order should not remain in effect. The types of relief a protection order may grant vary.

Nebraska Protective Order Laws: At a Glance

The chart below lists provisions of Nebraska's protective orders. For additional articles and resources, see FindLaw's Domestic Violence section.

Disclaimer: State laws are subject to change through the passage of new legislation, court rulings, and other means. Consult a Nebraska domestic violence attorney or conduct your own legal research to verify the state law(s) you are researching.

Nebraska Protective Order Laws: Related Resources

The following links provide more information about Nebraska's domestic violence laws:

• Nebraska Law
• Nebraska Criminal Law
• Nebraska Stalking Laws
• Nebraska Domestic Violence Laws
• Nebraska Family Laws
• Domestic Violence: Orders of Protection and Restraining Orders
• Domestic Violence FAQ: Basics, Safety Planning, and Restraining Orders

For information about other states' laws regarding protective orders, visit FindLaw's State Codes section.

Need Help With a Protective Order in Nebraska? Speak With an Attorney

If you've been abused or fear someone may abuse you, a protective order can help. Resources are available to help you avoid or escape domestic abuse. Contact the National Domestic Violence Hotline for support at 800-799-7233. 

You can also consult with a Nebraska domestic violence attorney for help. Their legal advice and advocacy can help you get a court order to protect you and your family.