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EspañolWhat is the legal definition of a sexual assault offense?
For the purpose of getting a sexual assault protection order, a “sexual assault offense” means committing or attempting to commit any of the following:
- sexual assault in the 1st degree, 2nd degree, or 3rd degree;
- sexual abuse by a school employee;
- sexual assault of a child in the 1st degree, 2nd degree, or 3rd degree;
- unlawful intrusion, recording image or video of an intimate area, or distributing or making these images public; or
- “sexual contact” or “sexual penetration” without consent.1
1 Neb. Rev. Stat. § 26-102(7); see Neb. Rev. Stat. §§ 28-311.08 and 28-318(5), 65)
What types of sexual assault protection orders are there? How long do they last?
In Nebraska, there are ex parte temporary protection orders and final protection orders.
Ex parte temporary protection order
A judge can give you an ex parte temporary order without telling the abuser in advance. The abuser doesn’t have to be present in the courtroom. To get this order, the judge must believe that irreversible (irreparable) harm, loss, or damage will happen before a hearing can be held based on your affidavit or your statements.1
An ex parte order will last until a “show-cause hearing” is held. During this hearing, the abuser can present evidence (“show cause”) about why there should be no protection order.2
Note: If the judge does not give you an ex parte order, the judge must schedule a hearing within 14 days.3 If you or the abuser requests a show-cause hearing, the judge must schedule one within 30 days of receiving the petition. The judge can also schedule a hearing themselves.4 Final protection order
If you and the abuser do not request a show-cause hearing, and the judge doesn’t decide to hold one on their own, then your temporary order would be considered a final order without a hearing being held. This also applies if a show-cause hearing is scheduled, but the abuser fails to appear after service.5
A final protection order will last for between one and two years, but it can be renewed each year.6 See Can I renew my sexual assault protection order? for more information.
1 Neb. Rev. Stat. § 26-109(1)(b)
2 Neb. Rev. Stat. § 26-109(3)
3 Neb. Rev. Stat. § 26-108(1)(a)
4 Neb. Rev. Stat. § 26-109(4)
5 Neb. Rev. Stat. § 26-109(5)(a), (b)
6 Neb. Rev. Stat. § 26-110(1)
What protections can I get in a sexual assault protection order?
An ex parte temporary or final sexual assault protection order can order:
- the abuser not to:
- place any limits on you or your freedom (liberty);
- harass, threaten, assault, bother (molest), attack, or otherwise disturb you; and
- contact you in any way; and
- anything else the judge believes is necessary to protect your safety and welfare.1
Whether a judge orders any or all of the above depends on the facts of your case.
Unlike a domestic abuse protection order, a sexual assault protection order cannot give you custody of your children.2
1 Neb. Rev. Stat. § 26-105(2), (3)
2 See Nebraska Judicial Branch website’s frequently asked questions page
In which court do I file for a sexual assault protection order?
You must file the petition in the district court, but the case may take place in either the district or the county court.1 In the petition, you will have to state your preference for whether you want the case to be heard by a county court judge or by a district court judge.2 If you are unsure of which court to request, you might want to ask an attorney in your county for advice. For courthouse locations in your area, see our Nebraska Courthouse Locations page. To find legal organizations, go to our Nebraska Finding a Lawyer page.
1 Neb. Rev. Stat. § 26-106(1)
2 Neb. Rev. Stat. § 25-2740(2)
If the abuser lives in a different state, can I still get an order against them?
When you and the abuser live in different states, the judge in your state may not have legal power over an out-of-state abuser. This is called “personal jurisdiction,” and it means that the judge may not be able to grant an order against them.
However, there are a few ways that a judge can get personal jurisdiction over an out-of-state abuser:
- 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.
- 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 they abused you, but they have since left the state.
- The abuser gets served with the court petition while they are in your state.
Even if none of the above apply to your situation, you may still be able to get an order. If you file, you may be granted an order by consent or the judge may decide that there are other reasons to grant the order.
You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.
Note: If the judge in your state refuses to give you an order because of personal jurisdiction, you can file for an order in the courthouse in the state where the abuser lives. However, you might need to check if that state allows for online filing and remote participation, or if you would need to file in person and attend various court dates. This could be difficult if the abuser’s state is far away.
