Resource for a Recourse: Online Resource Center for Survivors of Abuse

NEBRASKA : Restraining Order & Order of Protection Information

TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS

Nebraska law defines domestic violence as spouses or former spouses, children, persons who are presently residing together or who have resided together in the past, persons who have a child in common whether or not they have been married or have lived together at any time, other persons related by blood or marriage, and persons who are presently involved in a dating relationship with each other or who have been involved in a dating relationship with each other:

Attempting to cause bodily injury, with or without a "dangerous instrument", like a weapon or a heavy object;
Threatening to injure someone
Forcing unwanted sexual activity

You are eligible to file for a domestic violence protection order if you have been the victim of acts of domestic violence by one of the following family or household members:

Your spouse
Your former Spouse
A person who you live with or who have lived with you in the past
A person with whom you have had a child, even if you were never married
A person you are dating or have dated in the past
A relative by blood or marriage
Your child

Note: Same-sex couples should be able to apply.

Types of protective orders:

Ex parte order

Ex parte is a Latin term meaning "from one side." These orders are called ex parte because you may receive them without the knowledge of the abuser, or his presence in the courtroom. Unlike a permanent protection order, you do not need to attend a full court hearing to receive an ex parte order.

An ex parte order is a temporary order that you may get to protect you until the time of your court hearing for a permanent protective order. When you file your petition for a protection order, a judge will issue an ex parte order if s/he has reason to believe that you are in immediate danger of being abused, based on your affidavit or your statements.

An ex parte lasts for up to one year or until your hearing, if your abuser wants to challenge you in court.

Permanent protection order

A permanent protection order offers the same protections as an ex parte order but for a longer period of time. If your abuser is opposed to the court issuing a protection order against him, both of you will have to tell your sides of the story at a court hearing. A permanent protection order lasts up to one year.

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Benefits:

A protection order can:

Forbid the abuser from threatening you,
Forbid the abuser from assaulting you
Forbid the abuser from disturbing your peace
Forbid the abuser from contacting you in any way
Force the abuser to move out of a house or apartment if he lives with you
Order the abuser to stay away from any place specified by the court
Awarding you temporary custody of any minor children for up to ninety days
Order your abuser to hand over any firearms in his possession to the authorities and forbid him from buying firearms.
Order any other measures that the court deems necessary for your safety

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Costs:

There is no fee for filing for a protection order.

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Violations:

Call the police or sheriff, even if you think it is a minor violation. An abuser can be arrested, fined and jailed. It is a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case. Make sure a police report is filled out, even if no arrest is made. If you have legal documentation of all violations of the order it will help you have the order extended or modified. Depending on which county you live in, you may be able to file civil contempt of court charges against your abuser if he violates the order in addition to criminal contempt of court charges. You will have to have evidence to support your case.

In general, civil contempt charges must be filed in the court which originally issued the order. Legally you are not required to have an attorney to file the civil contempt charges, but it can be a complicated process and it is best to have an attorney help you.

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