To get a restraining order in Nebraska, you file a sworn petition with the Clerk of the District Court in the county where you or the other person lives, at no cost. A judge reviews it the same day and can issue a temporary order on the spot. After the sheriff serves the respondent, the court holds a hearing within thirty days, and a final order lasts one year.
Nebraska calls these protection orders rather than restraining orders, but the function is the same. The specific path depends on which type fits your situation.
Which Order Fits Your Situation
Nebraska recognizes three protection orders, and the court evaluates your petition against the legal standard for the one you choose.
A domestic abuse protection order is for people in close relationships: current or former spouses, people who live or have lived together, those who share a child, people related by blood or marriage, and those in a dating relationship.1Nebraska Legislature. Nebraska Revised Statutes 42-924 – Protection Order; When Authorized; Term; Renewal; Violation; Penalty You need to show the other person caused or attempted bodily injury, placed you in fear of physical harm through a credible threat, or subjected you to sexual contact without consent.2Nebraska Judicial Branch. Protection Order Information
A harassment protection order requires no prior relationship. It applies when someone engages in repeated telephone calls, personal contacts, or other conduct that serves no legitimate purpose and seriously frightens, threatens, or intimidates you.2Nebraska Judicial Branch. Protection Order Information The key word is pattern. A single unpleasant interaction usually will not meet the threshold; courts look for multiple incidents showing deliberate targeting.
A sexual assault protection order is for someone who has been subjected to, or who someone attempted to subject to, sexual contact or penetration without consent. No prior relationship is required.3Nebraska Legislature. Nebraska Revised Statutes 28-311.11 – Sexual Assault Protection Order
Gather Your Evidence Before You File
The strength of your application depends on how well you document what happened. You need the respondent’s full legal name, current address, and date of birth so the court can identify and serve the right person. If you want children covered by the order, include their names and ages.
The core of the petition is a detailed, chronological account of the abuse, harassment, or assault. Include specific dates (or approximate ones), times, and locations. Describe what the respondent did and said with as much precision as you can recall. Vague language like “they were threatening” carries far less weight than “on March 14, 2026, at approximately 9 p.m., the respondent came to my front door, pounded on it for twenty minutes, and shouted that they would hurt me if I didn’t open it.”
Text messages, social media posts, voicemails, and emails are powerful in these cases. Take screenshots or print them out showing the date, time, and the sender’s phone number or name. Printouts are far more effective than scrolling through your phone in court, and that is what the court recommends.4Nebraska Judicial Branch. How to Prepare for a Protection Order Hearing – Frequently Asked Questions
If you called police after any incident, request the incident report. If you went to a hospital or doctor for injuries, gather those records. Photographs of injuries, property damage, or a scene are useful. You can also bring witnesses who personally saw or heard what happened.4Nebraska Judicial Branch. How to Prepare for a Protection Order Hearing – Frequently Asked Questions None of this is admitted automatically. At the hearing you ask the judge to consider each item, and the respondent can object.
Fill Out and File the Petition
The Nebraska Judicial Branch website provides downloadable form packets for each type of protection order, or you can pick up paper copies from the Clerk of the District Court.2Nebraska Judicial Branch. Protection Order Information Each packet includes the main document, called the Affidavit and Petition, plus a confidential information form for sensitive data like Social Security numbers that stays out of the public record.
The Affidavit and Petition turns your evidence into a sworn written statement. Because you are signing under oath, everything in it must be truthful. Your signature must be witnessed by a notary public or by court staff at the clerk’s office.2Nebraska Judicial Branch. Protection Order Information Nebraska caps notary fees at five dollars per signature, so the cost is minimal at any bank or local notary.5Nebraska Legislature. Nebraska Revised Statutes 33-133 – Fees Electronic notarization through online services is also approved in Nebraska.
File the completed forms with the Clerk of the District Court in the county where you or the respondent lives. There are no filing fees for any type of protection order. The one exception: if a judge later finds you lied in the petition and filed in bad faith, the court can assess costs after the fact.6Nebraska Judicial Branch. Filing Fees and Court Costs
The Same-Day Temporary Order
Once the clerk receives your petition, it goes directly to a judge for ex parte review. “Ex parte” means the judge looks at your petition without the respondent being present or even knowing about it yet. If the judge finds from your written statement that you face an immediate risk of harm before a full hearing can be held, they will sign a temporary protection order on the spot.7Nebraska Judicial Branch. Frequently Asked Questions
The temporary order is not yet enforceable. It becomes effective only after the respondent is formally served. Stay in contact with the clerk’s office to get your copies of the signed order, which will spell out the restrictions and the date of your upcoming hearing. If the judge does not find enough in your petition to show immediate danger, they may deny the ex parte order but still schedule a hearing where you can present your case in person.
Serving the Respondent
The order does not take legal effect until a sheriff or deputy personally delivers the paperwork to the respondent.7Nebraska Judicial Branch. Frequently Asked Questions The clerk coordinates this with the county sheriff, so you do not have to track the respondent down yourself. The respondent receives copies of everything you filed, but you can request a confidential address if disclosing your location would put you at risk.
The Hearing and the One-Year Order
After the ex parte order is served, the court schedules an evidentiary hearing. For domestic abuse protection orders, this hearing must be held within thirty days of service.8Nebraska Legislature. Nebraska Revised Statutes 42-925 – Ex Parte Protection Order; Duration; Notice Both sides can present testimony, cross-examine witnesses, and submit evidence. The judge decides whether to make the order final for one year or dismiss it.
If the respondent does not appear at the hearing, the court will typically issue a final one-year order.7Nebraska Judicial Branch. Frequently Asked Questions Even then, a well-supported petition gives the judge confidence to grant broad protections. If the respondent does show up and contests the order, your photos, text messages, police reports, and witnesses are what will carry the day.
You do not need an attorney, but having one can help, especially if the respondent brings a lawyer. Nebraska Legal Aid and similar organizations may provide free representation depending on your income and circumstances.
What the Order Can Require
A Nebraska court can impose a range of specific restrictions tailored to your situation. Under a domestic abuse protection order, the judge can order any combination of the following:
- No calling, texting, emailing, or otherwise contacting you
- Staying away from your home, workplace, school, or other specified locations
- Removal from a shared residence and giving you sole possession, even if the respondent owns the home
- Temporary custody of minor children for up to ninety days
- A prohibition on possessing or purchasing firearms
- Sole possession of household pets, and an order not to harm or contact them
The judge picks from these based on the facts in your petition.1Nebraska Legislature. Nebraska Revised Statutes 42-924 – Protection Order; When Authorized; Term; Renewal; Violation; Penalty You do not have to request every available restriction, but be specific about what you need. If you want the respondent removed from a shared home, say so explicitly in your petition rather than hoping the judge includes it on their own. If firearms are a concern, request that restriction directly so the judge addresses it in the order.
If the Respondent Violates the Order
If the respondent violates any term, law enforcement must arrest them when there is probable cause that a violation occurred.9Nebraska Legislature. Nebraska Revised Statutes 42-928 – Violation of Protection Order; Arrest This is not discretionary. If you call police because the respondent showed up at your home in violation of the order, the officer is required by law to make an arrest.
A first violation is a Class I misdemeanor, carrying up to one year in jail, a fine of up to $1,000, or both.10Nebraska Legislature. Nebraska Revised Statutes 28-106 – Misdemeanors; Classification of Penalties A second or subsequent violation becomes a Class IV felony, punishable by up to five years in prison. If the violation also involves stalking behavior, the charge can reach a Class IIIA felony, carrying up to three years in prison and a fine of up to $10,000.11Nebraska Legislature. Nebraska Revised Statutes 28-105 – Felonies; Classification of Penalties
If the respondent contacts you or shows up somewhere they are not supposed to be, do not engage. Call 911 and let law enforcement handle it. Every documented violation strengthens the record and makes future enforcement easier.
Renewing or Ending the Order
A final protection order lasts one year from the date the judge grants it.1Nebraska Legislature. Nebraska Revised Statutes 42-924 – Protection Order; When Authorized; Term; Renewal; Violation; Penalty If you still need protection when the year is almost up, file a renewal petition and affidavit. The renewal window opens forty-five days before the current order expires and closes on the expiration date.12FindLaw. Nebraska Revised Statutes 42-924 – Protection Order; When Authorized; Term; Renewal; Violation; Penalty Miss the window and you start the process over from scratch. A renewed order lasts another full year.
If your circumstances change and you want to end the order early, file a Motion to Vacate and Set Aside, available as a standard court form. The motion must be signed, notarized, and must state that you are making the request freely and voluntarily.13Nebraska Judicial Branch. Motion to Vacate and Set Aside and to Dismiss a Protection Order The judge reviews your request and decides whether to grant it. Once an order is dismissed, getting a new one means filing a new petition and going through the whole process again.