In Nebraska, protection orders are powerful legal tools designed to help individuals who are experiencing abuse, harassment, or sexual assault feel safer. Whether you are facing an unsafe situation at home or unwanted and frightening behavior from someone else, a protection order may offer immediate relief.
While the Nebraska Supreme Court provides self-help forms online for those who want to seek protection on their own, many people find comfort and confidence in having legal guidance through this process.
Nebraska recognizes three types of protection orders, each designed to address specific situations:
Domestic Abuse Protection Order
A Domestic Abuse Protection Order is designed to help those seeking protection from someone within a close relationship, including relatives, spouses or former spouses, or people who have lived together. To request this type of order, the petitioner must allege that the other person has threatened them, attempted to cause harm, caused bodily injury, seriously intimidated them, or engaged in non-consensual sexual contact.
Domestic Abuse Protection Orders can also be filed to protect minor children and may include requests for no contact, temporary custody, exclusive possession of a shared home, protection for shared pets, and restrictions on firearm possession.
Harassment Protection Order
A Harassment Protection Order is meant to help individuals who are being seriously threatened, frightened, or intimidated by someone whose behavior serves no legitimate purpose. There is no requirement that the parties have a relationship. A Harassment Protection Order can prohibit contact and other conduct that disturbs a person’s peace.
Sexual Assault Protection Order
A Sexual Assault Protection Order is available when someone has been subjected to, or targeted for, non-consensual sexual contact or penetration. Like harassment orders, there is no relationship requirement between the parties. A Sexual Assault Protection Order can prohibit contact and conduct that disturbs a person’s peace.
The legal process begins with filing a Petition and Affidavit with the court. The petition should include the most recent and most severe incidents, along with the specific relief being requested.
Once filed, the petition is reviewed by a judge. If the judge believes the information shows an immediate need for protection, they may issue a temporary order right away. This is called an “ex parte” order, meaning it is issued without first hearing from the other person. The sheriff’s office will then serve the order on the other person.
The individual served with the order has 10 days to request a hearing. If a hearing is held, both sides will have the opportunity to present their story, and either party may choose to have an attorney present.
In some cases, the judge may determine that a petition does not meet the legal requirements and may deny it or set the matter for hearing rather than issuing an order ex parte.
If no hearing is requested after an ex parte order is issued, the protection order will remain in effect for one year. If a hearing is held and the judge finds grounds for the protection order, it will also remain in effect for one year. Domestic Abuse and Sexual Assault Protection Orders may be renewed annually if continued protection is needed.
At McGill Law, we understand how overwhelming and emotional this process can be. Our team is committed to helping individuals who are facing abuse, harassment, or sexual assault feel supported and informed every step of the way. Whether you have questions about protection orders, need help deciding which type applies to your situation, or would like representation in court, we are here to help.
Your safety and peace of mind matter, and you don’t have to go through this alone.
If you’re considering a protection order or have questions about what this process might look like for you, we’re here to talk it through: https://mcgilllawyers.com/contact.
Frequently Asked Questions
In many cases, a judge may review a petition the same day it is filed. If the court finds that the situation presents an immediate need for protection, an ex parte order can be issued right away, sometimes within hours.
No, you are not required to have an attorney. Nebraska provides self-help forms that allow individuals to file on their own. However, many people find it helpful to have legal guidance, especially if a hearing is requested or the situation is complex.
Violating a protection order is a criminal offense. If the order is violated, law enforcement can become involved, and the person may face arrest and additional legal consequences.
In some cases, yes. A Domestic Abuse Protection Order can include temporary custody provisions and may impact parenting arrangements, particularly where safety is a concern.
