Nebraska Protection Orders – State Overview

General summary of Nebraska’s protection order process.

Nebraska Protection Order

A Nebraska Protection Order is a legal tool designed to help survivors of domestic violence, harassment, stalking, or sexual assault obtain court-ordered protections from their abuser. This document outlines the essential steps for filing, types of temporary protections available, hearings process, and basics of enforcement.

Filing Steps

1. Prepare the Petition: Visit your local county courthouse or a Nebraska Legal Aid office to obtain and complete the petition form requesting a protection order.
2. Submit the Petition: File the petition with the clerk of the district court in the county where you live, work, or where the abuse occurred. Filing is typically free in emergency situations.
3. Request Temporary Protection: You can ask for a Temporary Protection Order (TPO) to provide immediate safety until the court holds a hearing.
4. Notify the Respondent: The court will arrange for the respondent (the person you are filing against) to be officially served with the order and hearing notice.

Temporary Protections

Upon filing, the court may issue a Temporary Protection Order (TPO) that takes effect immediately and lasts until the court hearing. This order may include:

• Ordering the respondent to stay away from you, your home, workplace, school, or other specified locations.
• Prohibiting the respondent from contacting you directly or indirectly by any means.
• Restricting the respondent’s possession of firearms.
• Granting temporary custody or visitation arrangements concerning minor children.

Hearings

A full court hearing to determine whether a long-term protection order should be issued is scheduled within 14 days of filing the petition. During the hearing:

• Both you and the respondent have the opportunity to present evidence and testimony.
• The judge considers the facts and decides if a protection order is warranted.
• If granted, the protection order may last up to one year and can be extended upon further petitions.

Enforcement Basics

Protection orders are enforceable by law enforcement officers across Nebraska. If a respondent violates any part of the order, you should immediately call 911. Enforcement includes:

• Police intervention to address and prevent violations.
• Possible arrest of the respondent for contempt of court or criminal charges.
• Use of the order as evidence in criminal cases related to domestic violence or harassment.

To learn more about safety planning and additional support resources, visit dv.support.