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Our advocates can help you fill out a protection order at our office, for free. Please bring in your form from the courthouse or we have some avaliable here for you. If you need help we are here for you.
Domestic Violence Protection Orders
 ***Please note the change in the Protection Order Law: As of July 2008 there must be a hearing on EVERY case in order to obtain a protection order.
Who can obtain a protection order?
Any person who has been abused (see definition below) by a:
- A current or former spouse;
- Persons who live together or who have lived together in the past;
- Persons who have children together; or
- Persons related by blood or marriage, including children.
Abuse means:
-Attempting to cause or intentionally, knowingly, or recklessly causing bodily injury with or without a deadly weapon; or placing, by physical menace, another in fear of imminent bodily injury.
***Couples who have just been dating do not qualify unless they can fulfill one of the above requirements!! However, there is a harassing/stalking order that may apply.
What does the protection order do?
Protection orders vary depending on what the Judge orders but they can legally:
- Prohibit the person form
- Restraining the petitioner;
- Threatening, assaulting, molesting, attacking or disturbing the peace of the petitioner; and
- Telephoning, contacting or otherwise communicating with the petitioner.
- Going to the petitioner’s place of work.
- Remove the respondent from the residence, regardless of ownership.
- Award temporary custody of any minor children for up to 90 days.
- Order any other relief necessary to provide for the safety of the petitioner and other family or household members.
Arrest provisions
A peace officer shall make a custodial arrest.
Penalty for Violations:
-First offense: up to 6 month jail, $1000 fine or both
-Second offense, same order: 6 months to 5 years in prison, $10,000 fine or both
-Second offense, any order: up to 1 year in jail, $1000 fine or both
Harassment Protection Orders
Who can obtain a harassment protection order?
Any person who has been harassed (see definition below).
- May include domestic violence victims who do not meet the domestic violence protection order eligibility criteria.
- Harass means to engage in a knowing and willful “course of conduct” which seriously terrifies, threatens, or intimidates the person and which serves no legitimate purpose.
- “Course of conduct” includes a series of acts such as: Following, Detaining,
- Restraining, Stalking, Repeatedly telephoning, or Contact or otherwise communicating with the petitioner.
What does the protection order do?
Protection orders vary depending on what the Judge orders, but they can legally prohibit the respondent from:
- Imposing any restraint upon the petitioner’s liberty;
- Harassing, threatening, assaulting, molesting, attacking or otherwise disturbing the peace of the petitioner;
- Telephoning, contact or otherwise communicating with the petitioner.
Arrest provisions
A peace officer may arrest on a harassment order violation. However, if there is an arrest, it must be a custodial arrest.
Penalty for Violations:
-First offense: up to 6 month jail, $1000 fine or both
-Second offense, same order: 6 months to 5 years in prison, $10,000 fine or both
Commonly Asked Questions:
Is a protection order a restraining order?
Protection orders are similar to restraining orders in that they are a court order and they can require a person to stop doing something. However, they are different than restraining orders. When a domestic protection order is violated, it allows for an immediate custodial arrest. When a harassment protection order is violated, the officer has the option of making a custodial arrest. The person who violated the order cannot not bond out of jail until they appear before a Judge.
Where can you get a protection order application?
The protection order application, which is 6-7 pages long, can be picked up at the clerk of the district court office, the Crisis Center office and the Family Violence Coalition office. If the person wants help in filling out the order they can call the Crisis Center office at 381-0555 or the Family Violence Coalition office at 385-5346 for assistance.
Is there a cost involved?
No. There is no charge to get a Protection Order in the state of Nebraska. However, if the Protection Order has to be served out of state, there may be a charge.
How is the order canceled?
Once the permanent order is issued there are only two ways the order can be cancelled; by court action, or if the protection order expires. A protection order is valid for only one year. If the person who requested the order, the petitioner, wants the order to be cancelled, he/she must contact the Judge with their desire to cancel the order. The respondent, the person whom the order is against, cannot get the order cancelled without a hearing. The police, an attorney, or either party involved have the power to cancel the order. Again, only a judge can cancel the order.
What if the Judge does not grant the order?
If the judge does not feel there is a credible threat, or there is imminent danger to the petitioner based on the facts in the affidavit, he/she may either deny the order or set the case down for a formal show cause hearing.
-If you have any questions regarding the Judge’s decision, you may contact the FVC, the Crisis Center, or a private attorney to discuss the options available to you, including re-application, appeal, and others. (See Show Cause Hearing below).
Can the respondent request a hearing?
When the respondent is served with the protection order, he/she has the right to request a show cause hearing within five days (See Show Cause Hearing below). The hearing date will be set within 30 days of the request by the court and both parties will be notified of that date.
If the respondent request a hearing, is the protection order still valid?
If the protection order has been signed by a Judge and has been served on the respondent, the protection order is valid. The respondent is required to obey the terms of the protection order as soon as it is served.
What is a Show Cause Hearing?
A Show Cause Hearing is a legal hearing /proceeding in which both partied have the opportunity to produce evidence, including witnesses, which support or dispute the facts stated in the affidavit.
If the respondent fails to appear, the case will proceed without you and a final order may be entered against you for the relief requested in the petition.
Do I need an attorney…to file an application?
You do not need an attorney to file an ex-parte protection order application. Ex-parte means “done for, in behalf of, or on the application of, one party only”.
Do I need an attorney at the Show Cause Hearing?
You are not required to have an attorney at the Show Cause Hearing. However, some people choose to have an attorney present in order to protect their best interests.
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