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EspañolWhat can I do if the abuser violates the sexual assault order?
If the abuser violates your 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 purposefully (knowingly) 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 the abuser be arrested if “probable cause” exists that they violated a sexual assault protection order.2 The officer making this arrest is required to bring the abuser who violated your order to the judge that issued it. The judge in this situation is required to make a no-contact order to prevent the abuser from contacting you again.3
If you feel that law enforcement officers did not respond according to Nebraska law, you could contact an attorney to discuss your legal options. Go to our Nebraska 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 police reports of all violations of the order, it may be helpful in the future.
You may also be able to file for “contempt” for the abuser’s violation of the order. For more information about contempt, including the difference between criminal contempt and civil contempt, go to our general Domestic Violence Restraining Orders page.
Note: Violation of a domestic abuse protection order can also increase the penalty the abuser could face for committing the crime of stalking from a Class I misdemeanor to a Class IIIA felony.4
1 Neb. Rev. Stat. § 26-118(1), (2)
2 Neb. Rev. Stat. § 26-119
3 Neb. Rev. Stat. § 26-120
4 Neb. Rev. Stat. § 28-311.04(2)(d)
What should I do when I leave the courthouse?
There are several things that you may want to consider when you leave the courthouse. You will have to evaluate each one and see if it is safe for your situation.
- Review the order before you leave the courthouse. If something is wrong or missing, ask the clerk how to correct the order before you leave.
- Keep a copy of the order with you at all times.
- Make several copies of the order as soon as possible and leave copies of the order at your workplace, 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 work, along with a photo of the abuser.
- Give a copy of the order to anyone who is named in and protected by the order.
- If the court has not given you an extra copy for your local law enforcement agency, take one of your extra copies and deliver it to them.
- Consider changing your locks and your phone number.
You may also want to make a safety plan. People can do things to increase their safety during violent incidents; when preparing to leave an abusive relationship; and when they are at home, work, and school. Many abusers obey protective orders, but some do not. So, it is important to build on the things you have already been doing to keep yourself safe. Go to our Safety Planning page for suggestions.
If I get a protection order, will it show up in an internet search?
According to federal law, which covers all states, territories, and tribal lands, courts are not supposed to publish online any information that could likely 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 U.S.C. § 2265(d)(3)
Can I renew my sexual assault protection order?
You can ask to renew your order by submitting a petition and affidavit to renew the protection order within 45 days it 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
You might not need a hearing if your statement (affidavit) explains why you want the renewal and confirms that nothing important has changed in your situation. The judge can renew your order based only on your affidavit if:
- you are not asking for any change to the order; and
- the abuser:
- is properly served and does not appear at the hearing; or
- tells the court that they do not oppose the renewal.3
If the judge agrees to renew the order, it would last for one year from the day after your current order expires. You can apply to renew the order each year.4
1 Neb. Rev. Stat. § 26-111(1)
2 See Garrison v. Otto, 311 Neb. 94 (2022)
3 Neb. Rev. Stat. § 26-111(2)
4 Neb. Rev. Stat. § 26-111(3); see the Renewal section of the Sexual Assault Protection Order page on the Nebraska Judicial Branch website
