This section defines abuse for the purposes of getting a domestic violence protection order. The following acts are considered abuse, also known as domestic violence, when they occur between family or household members:

• causing or attempting to cause physical injury, with or without a weapon (“dangerous instrument”);
• placing someone in fear of physical injury by making a “credible threat,” which means:
  
  • a verbal or written threat, including through email, text, etc.;
  • a threat that is implied through a pattern of conduct or a combination of verbal, written, or electronic statements/conduct that causes you to reasonably fear for your safety or your family’s safety; and
• forcing unwanted sexual contact or sexual penetration, as defined by law.¹

Note: You do not have to prove that the abuser had the intention to actually act on the threat, just that s/he seemed to have the ability to do so. If the abuser makes the threat while s/he is in jail, it can still be seen as a “credible threat.”²

¹ NE R.S. § 42-903(1)
² NE R.S. § 42-903(1)(b)

An ex parte temporary protection order or a final protection order can do the following:

• order the abuser to:
  
  • not restrain you or restrict your freedom (liberty);
  • not threaten, assault, bother, attack, or otherwise disturb you;
  • not contact you in any way;
  • be removed (excluded) from your home regardless of who owns the home;
  • stay away from any specific place;
  • not have or buy a firearm;
  • not be in contact with, hurt, or kill any household pet owned or held by you, the abuser, or any family or household member who lives with either of you; and
• give you:
  
  • temporary custody of any minor children for up to 90 days;
  • sole possession of any household pet that is owned or held by you, the abuser, or any family or household member who lives with either of you; and
  • anything else that the judge believes is necessary for your safety.¹

Whether a judge orders any or all of the above depends on the facts of your case.

¹ NE R.S. §§ 42-924(1); 42-925(1)

When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.

There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
3. If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

You may be eligible to file for a domestic violence protection order if you have been the victim of abuse by a family or household member, which includes:

• spouses or former spouses;
• children;
• people who live/lived together;
• people who have a child in common whether or not they have been married or have lived together at any time;
• people related by blood or marriage; and
• people who are/were involved in a dating relationship with each other.¹

If you do not qualify for a domestic violence protection order, you may qualify for a harassment protection order or a sexual assault protection order.

¹ NE R.S. § 42-903(3)

There is no fee to file for or serve a protection order.

The only way you might possibly be ordered to pay fees or costs is if the judge determines that the statements in the petition were false and that you filed the protection order in “bad faith.”

Note: At the final hearing, a judge may order the abuser to pay the costs related to filing or serving your protection order.¹

¹ NE R.S. § 42-924.01

After you finish filling out your petition, bring it to the court clerk. The clerk will forward it to a judge. The judge may ask you questions as s/he reviews your petition and decides whether or not to issue you an ex parte order. The judge must believe that you are in immediate danger of being abused based on your affidavit or your statements.¹ If the judge does not give you an ex parte order, the judge could schedule a hearing within 14 days where you and the abuser can be present and you will have to prove that the order should be issued.²

¹ NE R.S. § 42-925(1)
² NE R.S. § 42-925(3)

Unlike most other states where a hearing is automatically set, under Nebraska law, there may or may not be a hearing scheduled for a final order. A hearing could be scheduled if:

1. the judge does not give you an ex parte order;¹ or
2. the judge does grant you an ex parte order, and any of the following are true:

• the abuser requests a “show-cause hearing” within 10 business days of being served with the ex parte order;
• you request a hearing; or
• the judge decides on his/her own to hold a hearing.²

If there is a hearing, you must attend and you’ll have to prove that the abuser has committed an act of domestic abuse against you or your child.

Note: At the hearing, the judge could decide to issue a harassment protection order or a sexual assault protection order instead of a domestic abuse protection order if the judge believes one of those orders is more appropriate or if you request it. Then, the abuser would have to “show cause” why the judge should not issue one of those orders.³

It may be very helpful to have a lawyer represent you at the hearing. Go to our NE Finding a Lawyer page for resources. If you are going to be representing yourself, see the At the Hearing section in our Preparing for Court – By Yourself page for ways you can show the judge that you were abused.

¹ NE R.S. § 42-925(3)
² NE R.S. § 42-925(1)
³ NE R.S. § 42-925(3), (7)​

Once you get a protection order, there may be laws that prohibit the respondent from having a gun in his/her possession.  There are a few places where you can find this information:

• first, read the questions on this page to see if judges in Nebraska have to power to remove guns as part of a temporary or final order;
• second, go to our State Gun Laws section to read about your state’s specific gun-related laws; and
• third you can read our Federal Gun Laws section to understand the federal laws that apply to all states.

You can read more about keeping an abuser from accessing guns on the National Domestic Violence and Firearms Resource Center’s website. 

If the abuser violates the order, you can call the police or sheriff, even if you think it is a minor violation. It can be a Class I misdemeanor to violate a protection order. If the abuser has a prior conviction for violating any protection order, then violating your order can be a Class IV felony.¹

Nebraska law requires that an arrest be made if “probable cause” exists that the respondent violated a domestic abuse protection order.² If you feel that law enforcement officers did not respond according to Nebraska law, you could contact an attorney to see what legal actions, if any, can be taken. Go to our NE Finding a Lawyer page for legal referrals.

If the police become involved, it is generally a good idea to write down the names of the responding officers and their badge numbers in case you want to follow up on your case. Ideally, a police report should be filled out even if no arrest is made. If you have legal documentation of all violations of the order, it may be useful in the future.

For more information about contempt, including the difference between criminal contempt and civil contempt, go to our general Domestic Violence Restraining Orders page.

¹ NE R.S. § 42-924(4)
² NE R.S. § 42-928

Federal law provides what is called “full faith and credit,” which means that once you have a protection order, it is valid throughout the United States, including U.S. territories and tribal lands.

Different states have different rules for enforcing out-of-state orders. You can find out about your new state’s policies by contacting a domestic violence program, the clerk of courts, or the prosecutor in your new area.

You may want to call the court where you originally received the order to tell them your new address so that they can contact you if necessary - be sure to let them know if the address is confidential and ask how to make sure it cannot be accessed by the respondent.

To read more about this, please visit our Moving to Another State with a Protection Order page.

For the purpose of getting a sexual assault protection order, a “sexual assault offense” includes:

• sexual assault in the 1^st degree, 2^nd degree, and 3^rd degree;
• committing or attempting to commit “sexual contact” or “sexual penetration” without consent, as those terms are defined by law;
• sexual abuse by a school employee; and
• sexual assault of a child in the 1^st degree, 2^nd degree, and 3^rd degree.¹

¹ NE R.S. § 28-311.11(14)

When you apply for an order, the judge can issue an ex parte temporary order without prior notice to the abuser. The judge must believe that irreversible (irreparable) harm, loss, or damage will happen if you had to first serve the abuser and wait for a hearing.¹ Then, the abuser will be served with the order and s/he will have ten days to request a show cause hearing if s/he wants to object to the order.² If the abuser requests the hearing, it will be scheduled within 30 days. Therefore, the ex parte order could last for up to 40 days.

However, if the abuser does not request a hearing, then the sexual assault protection order that the judge issued ex parte will last for one year.¹

It may be possible to renew the order every year.³ See Can I renew my protection order? for more information.

¹ NE R.S. § 28-311.11(7)
² NE R.S. § 28-311.11(9)(c)(i)
³ NE R.S. § 28-311.11(12)

When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.

There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
3. If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

Victims of a sexual assault offense that was committed by anyone can file for a sexual assault protection order. You do not have to have a specific relationship with the abuser to qualify for an order.¹

¹ NE R.S. § 28-311.11(1)

There are no fees or costs to get a sexual assault protection order. The only way you might possibly be ordered to pay fees or costs is if the judge determines that the statements in the petition were false and that you filed the protection order in “bad faith.”

Note: At the final hearing, a judge may order the abuser to pay the costs related to filing or serving your protection order.¹

¹ NE R.S. § 28-311.11(5)(a), (5)(b)

To request a renewal of your order, you must file a petition and affidavit to renew the protection order within the 45 days before your order is set to expire.¹

Then, the process would be the same as when you filed your original petition - the judge may issue an ex parte order and the abuser may request a hearing to object to the renewal. The judge will consider the likelihood of harm to you over the next year when deciding whether to renew the order. You do not have to prove that there was further abuse or a violation of the protection order.²

If the judge agrees to renew the order, it would last for one year from the day after your current order expires.¹ 

¹ NE R.S. § 28–311.11(12)(a), (12)(c)
² See Garrison v. Otto, 311 Neb. 94 (2022)

When you apply for an order, the judge can issue an ex parte temporary order without prior notice to the abuser. The judge must believe that irreversible (irreparable) harm, loss, or damage will happen if you had to first serve the abuser and wait for a hearing. Then, the abuser will be served with the order and s/he has ten days to request a show cause hearing if s/he wants to object to the order. If the abuser requests the hearing, it will be scheduled within 30 days. Therefore, the ex parte order could last for up to 40 days.

However, if the abuser does not request a hearing, then the harassment protection order that the judge issued ex parte will last for one year.¹

¹ NE R.S. § 28-311.09(7)

When you apply for a harassment protection order, one of the following things may happen:

1. The judge will issue a temporary ex parte protection order, without notifying the other party beforehand. The judge must believe that you would suffer severe harm, loss, or damage before there could be a hearing with both you and the abuser. The abuser may then ask for a show-cause hearing;
2. The judge will deny the ex parte order. Then, the judge might schedule a hearing within 14 days at which point the respondent can “show cause” why an order should not be issued and you can prove why it should be issued. Or if the judge thinks you definitely don’t qualify, the judge may deny the ex parte order without scheduling the show cause the hearing; or
3. The judge will decide that it’s more appropriate to give you a sexual assault protection order or a domestic abuse protection order. Then, the judge would hold a hearing where the abuser would have to “show cause” why the judge should not issue one of those orders.

¹ NE R.S. § 28-311.09(7), (8); see Nebraska Judicial Branch website’s frequently asked questions.
² NE R.S. § 28-311.09(7)

There are no fees or costs to get a harassment protection order. The only way you might possibly be ordered to pay fees or costs is if the judge determines that the statements in the petition were false and that you filed the protection order in “bad faith.”¹

Note: At the final hearing, a judge may order the abuser to pay the costs related to filing or serving your protection order.²

¹ NE R.S. § 28-311.09(5)(a)
² NE R.S. § 28-311.09(5)(b)

If you are afraid to include your address on the court forms since the abuser will see it, you may request that your address be kept confidential.¹ 

If you are worried about the harasser finding out your address, you may also want to learn more about the Nebraska Office of the Secretary of State’s Address Confidentiality Program for victims of domestic violence, sexual assault, stalking, and trafficking

¹ See Nebraska Judicial Branch website’s frequently asked questions

The sheriff’s office in the county where the harasser lives will be responsible for serving the harassment protection order. The court clerk will provide a copy of the order to the appropriate sheriff’s office. After service is completed, the sheriff must file proof of service with the court clerk within 14 days of the date that the harassment protection order was issued.¹

Note: Usually, the sheriff will go to the harasser’s home, work, or other place s/he can be found to serve the papers. If, for example, you believe that serving the respondent at work will endanger you, you can include this information in the forms that you fill out and request that the harasser not be served at work.

¹ NE R.S. § 28-311.09(9)

Unlike a domestic violence protection order and a sexual assault protection order, a harassment protection order cannot be renewed.¹

¹ See generally NE ST § 28-311.09; Nebraska Judicial Branch website’s frequently asked questions

According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:

• the petition you file;
• the protection order, restraining order, or injunction that was issued by the court; or
• the registration of an order in a different state.¹

¹ 18 USC § 2265(d)(3)

A protection order is good anywhere in the United States as long as:

• It was issued to prevent violent or threatening acts, harassing behavior, or sexual violence, or it was issued to prevent another person from coming near you or contacting you;¹
• The judge that gave the order had power (jurisdiction) over the people and case; in other words, the judge had the authority to hear the case; and
• The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
  • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.²

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

¹ 18 U.S.C. § 2266(5)
² 18 U.S.C. § 2265(a), (b)

In some states, you will need a certified copy of your protection order. A certified copy says that it is a “true and correct” copy; it is signed and initialed by the clerk of court that gave you the order, and usually has some kind of court stamp on it. 

When the judge issues you an ex parte or final protection order, the clerk of the court will give you two certified copies of the order for free.¹

Note: It is a good idea to keep a copy of the order with you at all times. You will also want to bring several copies of the order with you when you move. Leave copies of the order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on. Give a copy to the security guard or person at the front desk where you live and/or work. Give a copy of the order to anyone who is named in and protected by the order.

¹ NE R.S. § 42-926(1)

It is important for the court to have an up-to-date address for you in order to communicate with you if the abuser asks the court to dismiss the order or files to change (modify) it in any way. If the abuser does not know your new address, you can ask the court clerk to make sure that it is kept confidential. It should be kept in a confidential part of your file where the public will not have access to it. However, your new address could possibly be released to court officials in your new state or law enforcement officials in either Nebraska or your new state. If you feel nervous about giving your address to the court, you could file for Nebraska’s Address Confidentiality Program, which would allow you to have mail forwarded to your new address through the Secretary of State.¹

¹ NE ST § 42-1204(1)

Whether you can take your kids out of state may depend on what exactly your protection order says about custody and visitation. You may have to ask the judge for permission before you leave the state with your kids. If the abuser has the right to visit with your children, then you may have to get the order changed. You may have to convince the judge that there is a fair and realistic alternative to the current visitation schedule. To read more about custody laws, go to our NE Custody page.

If you are unsure whether or not you can take your kids out of the state, talk to a lawyer who understands domestic violence and custody laws. You can find contact information for legal assistance in Idaho on our NE Finding a Lawyer page.

Your protection order can be enforced in Nebraska as long as:

• It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.¹
• The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
• The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
  • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.²

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

¹ 18 U.S.C. § 2266(5)
² 18 U.S.C. § 2265(a), (b)

As long as the child custody part of your order meets the standards of certain federal laws, Idaho can enforce it.¹

To have someone read your order and tell you if it meets these standards, contact a lawyer in your area. To find a lawyer in your area, go to our NE Finding a Lawyer page.

¹ The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping Prevention Act of 1980.

The National Crime Information Center Registry (NCIC) is a nationwide, electronic database used by law enforcement agencies in the U.S., Canada, and Puerto Rico. It is managed by the FBI and state law enforcement officials.

The state that issued your protection order may already have entered your order into the NCIC when you got the order. If not, your order could be entered into the NCIC if you register it in Nebraska. All law enforcement officials have access to the NCIC database, but the information is encrypted so outsiders cannot access it.

You do not need to register a protective order from another state to get it enforced.¹ However, if you register your order in Nebraska, this may help the local law enforcement officers more easily check that your order is valid.

¹ NE ST § 42-935(d)

You do not need to register your protection order to get it enforced in Nebraska.¹ However, if your order is not entered into the state registry, it may be harder for a law enforcement officer to check if your order is valid. So, it could take longer to get your order enforced.

If you are unsure if registering your order in Nebraska is right for you, you may want to talk with a domestic violence advocate. An advocate can help you decide what is safest for you. You can find domestic violence advocates in Nebraska on our NE Advocates and Shelters page.

¹ NE ST § 42-935(d)