Restraining Orders

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)