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Legal Information: Nebraska

Restraining Orders

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Laws current as of July 30, 2024

How do I get my protection order enforced in another state? 

You do not have to take any special steps to get your protection order enforced in another state. Many states have a process to register or file an out-of-state order to make it easier to enforce if the abuser breaks the order. However, you can still get a valid protection order enforced in another state even if you do not register or file it.1 For your safety, always keep a copy of your protection order with you.

It can help to know the rules in any state where you will live or visit. For example, in some states, you may need a certified copy of your out-of-state protection order. Knowing the rules in your new state may help you get the police or courts to enforce your order quickly.

A domestic violence organization can tell you how this works in your area. To find one, visit our Advocates and Shelters page and choose your new state in the drop-down menu.

1 18 U.S.C. § 2265(d)(2)

Do I need a special copy of my protection order to it enforced?

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)

Can I get someone to help me?  Do I need a lawyer?

You do not need a lawyer to get your protection order enforced in another state.  However, you may want to get help from a local domestic violence advocate or attorney in the state that you move to. 

A domestic violence advocate can tell you what the advantages and disadvantages are for registering your protection order. S/he may also be able to help you through the process if you decide to register it. To find a domestic violence advocate or lawyer in the state to which you are moving, go to the Places that Help page and select that state from the drop-down menu.

 

Do I need to tell the court in Nebraska if I move?

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)