By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 16, 2023
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Protective orders (also called orders of protection or restraining orders) are issued by courts in order to protect individuals from stalking or unwanted contact with a potentially dangerous person. The person named in the protective order, often someone accused of domestic violence or stalking, is required to stay a certain distance away from the person seeking the order for a specified amount of time. They also must refrain from telephone calls, email, or any other forms of communication or contact. While restraining orders also may be used to protect celebrities from overly-obsessive fans, these are much less common occurrences.
This article provides a brief overview of Nebraska protective order laws.
Additional provisions of Nebraska's protective orders statute are listed in the following chart. See FindLaw's Domestic Violence section for additional articles and resources.
Code Section |
§ 42-901 et seq. of the Nebraska Revised Statute |
|---|---|
Activity Addressed by Order |
Enjoining the respondent from imposing any restraint upon the petitioner or upon the liberty of the petitioner; enjoining the respondent from threatening, assaulting, molesting, attacking, or otherwise disturbing the peace of the petitioner; enjoining the respondent from possessing or purchasing a firearm; ordering such other relief deemed necessary to provide for the safety and welfare of the petitioner and any designated family or household member |
Duration of Order |
Maximum: 1 year unless renewed; must file to renew no later than 45 days prior to the expiration |
Penalty for a Violation of Order |
Class II misdemeanor if knowingly violated; Class I misdemeanor if the violator has a prior conviction for violating the order; Class IV felony if the violator has a prior conviction for violating the same order |
Who May Apply for Order |
Any victim of domestic abuse; additionally, the protection may extend to:
|
Can Fees Be Waived? |
There is no filing fee in Nebraska |
Order Transmission to Law Enforcement |
Copy to the local police department, local law enforcement agent, and local sheriff's office |
Civil Liability for Violation of Order |
- |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult with an attorney or conduct your own legal research to verify the state law(s) you are researching.
If someone is hurting or threatening to hurt you, there are resources available for you when you're ready. Contact the National Domestic Violence Hotline for 25/7/365 support at 800-799-7233. If you've been abused or fear someone may abuse you in the near future, you may want to get a protective order.
Please contact a Nebraska domestic violence attorney for help.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many Nebraska attorneys offer free consultations.