How to Get a Domestic Abuse Protection Order in Nebraska
Nebraska Domestic Abuse Protection Order process explained in survivor-friendly format.
Nebraska Protection Orders: Basic Process and Expectations
Who May Apply in Nebraska
In Nebraska, a person may usually request a protection order if they are experiencing or have experienced harm, threats, or certain criminal behaviours from another person. This can include people in an intimate or family relationship, as well as some situations involving neighbours, acquaintances, or others.
Protection orders are generally divided into categories, such as domestic abuse protection orders, harassment protection orders, and sexual assault protection orders. The type that may apply depends on the relationship to the other person and the behaviour being described.
Adults typically apply for themselves. A parent, guardian, or another legally responsible adult may often apply on behalf of a minor or a person who cannot apply on their own, depending on Nebraska rules.
Eligibility details and definitions can change. For specific questions about whether a situation fits a particular type of order in Nebraska, it can help to speak with a local legal clinic, victim services worker, or another trusted support person.
Filing, Temporary Orders, and Serving the Respondent
Filing the Application
Requests for Nebraska protection orders are generally filed in a court that handles civil matters, often a district or county court. Many courts provide standard forms where a person can describe what has happened and what protection they are asking for.
The forms usually ask for:
- Basic information about the person applying and the other person (the “respondent”)
- A description of recent incidents or threats
- Information about any ongoing court cases or existing orders
Forms may be available online or at the courthouse. Some community agencies, shelters, or legal help services may assist with filling out forms, though they do not decide the outcome.
Temporary (Ex Parte) Orders
After filing, a judge may review the request the same day or within a short time. In many situations, the judge can issue a temporary order without the respondent being present. This is often called an “ex parte” order.
If granted, the temporary order usually lasts only until the full hearing. It may include directions such as no contact and staying away from specific locations, depending on what was requested and what the judge decides.
A judge is not required to grant a temporary order. If one is not granted, there may still be a later hearing where both sides can attend.
Serving the Respondent
For the protection order process to move forward, the respondent usually must be “served” with court papers. This normally means law enforcement or another authorized server personally delivers the documents. The papers may include:
- The petition (application)
- Any temporary order granted
- Notice of the scheduled hearing date and time
The person who applied does not normally serve the papers themselves. The court or sheriff’s office usually coordinates service, but local practices can differ by county.
Serving the respondent can sometimes increase short-term risk. Some people plan ahead for safety around the time the respondent is served, such as varying routines or identifying safe places to go if tensions rise.
What to Expect at the Hearing
The court usually sets a hearing, especially if a long-term order is being requested. At the hearing:
- Both the person requesting the order and the respondent have a chance to attend.
- The judge may ask questions about what has happened and any ongoing safety concerns.
- Each side may be allowed to speak, present documents, or call witnesses, depending on court rules.
In some cases, the respondent does not appear. The judge may still make a decision based on the information available and proof of service.
The courtroom may feel formal. There can be rules about who talks when and how evidence is shared. Court staff or a victim services worker may sometimes be present to provide general procedural information, but they cannot give legal advice or guarantee outcomes.
Some people choose to bring a support person to the courthouse for emotional or practical support, as allowed by local rules. If you are unsure what is permitted, you can usually ask court staff in advance.
Relief Options That May Be Available
The specific relief a judge can grant depends on the type of protection order, the facts of the case, and Nebraska law. Common kinds of relief may include:
- No-contact orders (no calls, texts, messages, or in-person contact)
- Stay-away provisions for home, work, school, or other specific locations
- Limits on third-party or indirect contact (for example, contact through friends or social media)
- Temporary arrangements related to shared housing, such as ordering one person not to enter a shared residence
- Conditions related to firearms or weapons, when allowed by law
In some circumstances, there may be additional relief, such as temporary arrangements for children or personal property. However, protection orders generally are not a full substitute for family law orders or criminal proceedings.
If certain safety needs are important to mention—such as concerns about children, housing, or firearms—it can be helpful to clearly state them in the petition or to the judge at the hearing, while staying within court rules.
Basic Duration of Nebraska Protection Orders
The length of a Nebraska protection order depends on the type of order and the judge’s decision. A temporary (ex parte) order usually lasts only until the hearing date.
If a final order is granted after the hearing, it may last for a set period (for example, up to one year or more), subject to Nebraska statutes. In some cases, there may be options to ask the court to extend, modify, or end the order before it expires, depending on the situation and local procedures.
Many orders state the exact expiration date or duration on the document itself. Keeping a copy of the order in a safe, accessible place can help with understanding its terms and length.
Additional information about support options and protection orders in different regions, including some services that cover parts of Nebraska and other areas, can be found through resources listed at DV.Support.