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Protection Order Information

There are three types of protection orders available in Nebraska for parties seeking protection from another person: DOMESTIC ABUSE, SEXUAL ASSAULT and HARASSMENT. Protection orders may be filed with the court at no cost and without an attorney. However, it is highly recommended to utilize a Victim Advocate from a Victim Assistance Program or Domestic Violence/Sexual Assault Victim Advocacy Program near you in preparing to file for an order. It is a criminal offense for party restricted by a protection order to violate the terms and conditions of a protection order.


A DOMESTIC ABUSE PROTECTION ORDER is a court order issued to provide protection to a victim of domestic abuse and her/his family or household members. Nebraska Statute §42-903, outlines the definition of abuse and the required relationships to be eligible for a domestic abuse protection order. This includes the following relationships:

  • Spouses (current or former)
  • Child(ren)
  • Persons living together (current or former)
  • Persons with a child in common
  • Persons who are dating (current or former)
  • Persons related by blood or marriage

In filing a domestic abuse protection order, you (the petitioner - the person seeking protection) can request the judge to order the following relief from the respondent (the person being restricted):

  1. Prohibit the respondent from imposing any restraint upon you
  2. Prohibit the respondent from threatening, assaulting, molesting, attacking, or otherwise disturbing your peace
  3. Prohibit the respondent from telephoning, contacting, or otherwise communicating with you
  4. Removing and excluding the respondent from your residence (regardless of the ownership)
  5. Ordering the respondent stay away from any a specified place
  6. Awarding you temporary custody of any minor children up 90 days
  7. Prohibiting the respondent from possessing or purchasing a firearm as defined by Nebraska Statute §28-1201
  8. Any other relief deemed necessary to provide for the safety and welfare of you and any your family or household members

 

A SEXUAL ASSAULT PROTECTION ORDER is a court order issued to provide protection to any victim who has been sexually assaulted.  Nebraska Statutes §28-318 to §28-320.01 outline the definitions of sexual assault as applicable for a sexual assault protection order. In filing a domestic abuse protection order, you (the petitioner - the person seeking protection) can request the judge to order the following relief from the respondent (the person being restricted):

  1. Prohibit the respondent from imposing any restraint upon you
  2. Prohibit the respondent from threatening, assaulting, molesting, attacking, or otherwise disturbing your peace
  3. Prohibit the respondent from telephoning, contacting, or otherwise communicating with you

 

A HARASSMENT PROTECTION ORDER is a court order issued to a victim who has been harassed, per Nebraska Statute §28-311.09. This protection order is available to any victim who has been harassed. In filing a harassment protection order, you (the petitioner - the person seeking protection) can request the judge to order the following relief from the respondent (the person being restricted):

  1. Prohibit the respondent from imposing any restraint upon you
  2. Prohibit the respondent from harassing, threatening, assaulting, molesting, or attacking you, or otherwise disturbing your peace
  3. Prohibit the respondent from telephoning, contacting, or otherwise communicating with you

The State of Nebraska Judicial Branch website provides information on how to file for a protection order in their Self-Help section. Information is provided in English, Spanish and Vietnamese.

Legal Aid of Nebraska also provides an online tool to assist in completing a request for protection order through their Access to Justice project. A link to this tool is also available on the Nebraska Supreme Court website.
 

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