Restraining Orders

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)