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Nebraska Protective Orders Laws

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.

Nebraska Protective Order Laws: At a Glance

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:
  • Family or household members (which includes spouses and former spouses, children, and persons who are presently residing together or who have resided together in the past)
  • Persons who have a child in common with the victim
  • Other persons related by consanguinity or affinity
  • Persons who are presently involved in a dating relationship with each other or who have been involved in a dating relationship with each other

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.

Research the Law

Nebraska Protective Order Laws: Related Resources

Get Help with a Protective Order Today

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.

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