How to Get a Restraining Order in Nebraska
In Nebraska these are called Domestic Abuse Protection Order, Harassment Protection Order, and Sexual Assault Protection Order (Protection Orders Act). A protective order is a court order that tells someone to stop abusing, threatening, stalking or contacting you. Here is how to ask for one, what happens next, and where to get free help — each rule linked to the statute or official court page.
Quick answers for Nebraska
- Cost
- No fees for filing, issuing or serving a protection order. A court may charge fees only if it finds by clear and convincing evidence that the petition was false and filed in bad faith. Neb. Rev. Stat. §26-116
- Emergency / temporary orders
- A judge can issue an ex parte (temporary) order without notice to the respondent if your affidavit shows you will be in immediate danger of abuse before a hearing can be held (for sexual assault or harassment orders, irreparable harm). Neb. Rev. Stat. §26-109
- How long an order lasts
- An initial order lasts at least 1 year and no more than 2 years, as set by the court. It can be renewed for 1 year at a time by filing a petition and affidavit to renew within 45 days before it expires (including the expiration date). Neb. Rev. Stat. §§26-110, 26-111
- Where to ask
- File the petition with the clerk of the district court; the case may be heard by the county or district court. Neb. Rev. Stat. §26-106; Nebraska Judicial Branch FAQ
Last verified: 2026-10-25
Safety first
- If you are in immediate danger, call 911.
- You can talk to a trained advocate any time, for free and confidentially, through the National Domestic Violence Hotline.
- Advocates can help you make a safety plan and fill out the court forms. Many courts have advocates on site.
- Keep copies of the order with you. Give copies to people who need to know, such as your workplace or your child's school.
Getting an order
| Types of orders | Three types: a Domestic Abuse Protection Order (for people in close family, household or dating relationships); a Harassment Protection Order (no relationship needed; repeated contacts that seriously terrify, threaten or intimidate); and a Sexual Assault Protection Order (no relationship needed). Each can be issued ex parte as a temporary order. The court can treat a petition as a different type if that fits better. |
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| Who can ask for an order | For a domestic abuse order: spouses or former spouses, children, people who live or have lived together, people with a child in common, other relatives by blood or marriage, and people in a current or past dating relationship. Abuse includes causing or attempting bodily injury, placing someone in fear of bodily injury by a credible threat, and sexual contact or penetration without consent. Anyone can seek a harassment or sexual assault order regardless of relationship. Non-citizens can get protection orders. |
| Where to ask | File the petition with the clerk of the district court; the case may be heard by the county or district court. You can get forms from the district court clerk or online, and local domestic violence or victim-witness programs can help. |
| Cost | No fees for filing, issuing or serving a protection order. A court may charge fees only if it finds by clear and convincing evidence that the petition was false and filed in bad faith. At the final hearing, costs may be charged to the respondent. Source: Neb. Rev. Stat. §26-116 |
Emergency orders and the hearing
| Emergency / temporary orders | A judge can issue an ex parte (temporary) order without notice to the respondent if your affidavit shows you will be in immediate danger of abuse before a hearing can be held (for sexual assault or harassment orders, irreparable harm). The order takes effect once a sheriff or deputy serves the respondent. If the respondent does not ask for a hearing within 10 business days after service, the ex parte order becomes the final order. Source: Neb. Rev. Stat. §26-109 |
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| Serving the order | A sheriff or deputy serves the respondent with copies of the order and papers, at no cost to you. The order is not in effect until the respondent is served. You can ask to keep your address confidential. |
| The court hearing | If the respondent (or you) requests a show-cause hearing after an ex parte order, it is held within 30 days of the request; you must attend or the order will likely be dismissed. If no ex parte order is issued in a domestic abuse or sexual assault case, an evidentiary hearing is held within 14 days of filing. A hearing may be needed if you want federal firearm restrictions to apply. |
| How long an order lasts | An initial order lasts at least 1 year and no more than 2 years, as set by the court. It can be renewed for 1 year at a time by filing a petition and affidavit to renew within 45 days before it expires (including the expiration date). The Judicial Branch FAQ still describes a one-year order; the statute (Protection Orders Act) allows 1 to 2 years. Source: Neb. Rev. Stat. §§26-110, 26-111 |
What the order does
| What an order can require | A domestic abuse order can bar the respondent from restraining, threatening, assaulting or disturbing you; from contacting or communicating with you; remove the respondent from your home regardless of ownership; order them to stay away from specified places; give you temporary custody of minor children for up to 90 days; bar possessing or purchasing a firearm; give you sole possession of household pets and bar harming them; and other relief for your safety. Protection orders do not protect property. Source: Neb. Rev. Stat. §26-103(2) |
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| Firearms | A domestic abuse protection order can bar the respondent from possessing or purchasing a firearm. The court also serves the respondent with a notice that federal law may make it unlawful to possess or receive firearms or ammunition while subject to the order. |
| If the order is violated | Knowingly violating a domestic abuse or sexual assault protection order after service or notice is a Class I misdemeanor for a first offense, a Class IV felony for a second, a Class IIIA felony for a third, and a Class IIA felony for a fourth or later. Violating a harassment order is a Class II misdemeanor (Class I for repeat offenses). Call the police; the person will be arrested. Source: Neb. Rev. Stat. §§26-118, 26-119 |
Children and privacy
| Keeping your address private | The Secretary of State's Address Confidentiality Program (ACP) gives Nebraska residents who are victims of abuse, sexual assault or stalking, and who have moved or plan to move to a place unknown to the abuser, a substitute address and free mail forwarding. A parent or guardian can apply for a minor. Apply in person at a designated victim assistance center (not at the Secretary of State's office). Secretary of State phone: 402-471-2554. |
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Forms and help in Nebraska
- Nebraska courts: protective order help
- Official Nebraska protective order forms
- Free legal aid in Nebraska
Nebraska protective order FAQ
What kinds of protective orders are available in Nebraska?
Three types: a Domestic Abuse Protection Order (for people in close family, household or dating relationships); a Harassment Protection Order (no relationship needed; repeated contacts that seriously terrify, threaten or intimidate); and a Sexual Assault Protection Order (no relationship needed). Each can be issued ex parte as a temporary order. The court can treat a petition as a different type if that fits better.
Who can get a restraining order in Nebraska?
For a domestic abuse order: spouses or former spouses, children, people who live or have lived together, people with a child in common, other relatives by blood or marriage, and people in a current or past dating relationship. Abuse includes causing or attempting bodily injury, placing someone in fear of bodily injury by a credible threat, and sexual contact or penetration without consent. Anyone can seek a harassment or sexual assault order regardless of relationship. Non-citizens can get protection orders.
Where do I file for a restraining order in Nebraska?
File the petition with the clerk of the district court; the case may be heard by the county or district court. You can get forms from the district court clerk or online, and local domestic violence or victim-witness programs can help.
Does it cost money to get a restraining order in Nebraska?
No fees for filing, issuing or serving a protection order. A court may charge fees only if it finds by clear and convincing evidence that the petition was false and filed in bad faith. At the final hearing, costs may be charged to the respondent.
How fast can I get an emergency protective order in Nebraska?
A judge can issue an ex parte (temporary) order without notice to the respondent if your affidavit shows you will be in immediate danger of abuse before a hearing can be held (for sexual assault or harassment orders, irreparable harm). The order takes effect once a sheriff or deputy serves the respondent. If the respondent does not ask for a hearing within 10 business days after service, the ex parte order becomes the final order.
What happens at the restraining order hearing in Nebraska?
If the respondent (or you) requests a show-cause hearing after an ex parte order, it is held within 30 days of the request; you must attend or the order will likely be dismissed. If no ex parte order is issued in a domestic abuse or sexual assault case, an evidentiary hearing is held within 14 days of filing. A hearing may be needed if you want federal firearm restrictions to apply.
How long does a restraining order last in Nebraska?
An initial order lasts at least 1 year and no more than 2 years, as set by the court. It can be renewed for 1 year at a time by filing a petition and affidavit to renew within 45 days before it expires (including the expiration date).
What can a protective order do in Nebraska?
A domestic abuse order can bar the respondent from restraining, threatening, assaulting or disturbing you; from contacting or communicating with you; remove the respondent from your home regardless of ownership; order them to stay away from specified places; give you temporary custody of minor children for up to 90 days; bar possessing or purchasing a firearm; give you sole possession of household pets and bar harming them; and other relief for your safety. Protection orders do not protect property.
Does a protective order affect firearms in Nebraska?
A domestic abuse protection order can bar the respondent from possessing or purchasing a firearm. The court also serves the respondent with a notice that federal law may make it unlawful to possess or receive firearms or ammunition while subject to the order.
How is a restraining order served in Nebraska?
A sheriff or deputy serves the respondent with copies of the order and papers, at no cost to you. The order is not in effect until the respondent is served. You can ask to keep your address confidential.
What happens if someone violates a protective order in Nebraska?
Knowingly violating a domestic abuse or sexual assault protection order after service or notice is a Class I misdemeanor for a first offense, a Class IV felony for a second, a Class IIIA felony for a third, and a Class IIA felony for a fourth or later. Violating a harassment order is a Class II misdemeanor (Class I for repeat offenses). Call the police; the person will be arrested.
Can I keep my address confidential in Nebraska?
The Secretary of State's Address Confidentiality Program (ACP) gives Nebraska residents who are victims of abuse, sexual assault or stalking, and who have moved or plan to move to a place unknown to the abuser, a substitute address and free mail forwarding. A parent or guardian can apply for a minor. Apply in person at a designated victim assistance center (not at the Secretary of State's office). Secretary of State phone: 402-471-2554.
Protective orders in other states
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.