How To Get A Restraining Order In Nebraska

In Nebraska, a restraining order is more commonly referred to as a protection order and is a legal order issued by a court to prevent an individual from coming near or contacting another person due to abuse, harassment, threats, or stalking. These protection orders are governed by the Nebraska Revised Statutes § 42-924 and § 28-311.09 to § 28-311.11. In Nebraska, a protection order serves as a civil remember to protect individuals from future harm and is issued once the petitioner is able to demonstrate that they are in danger of domestic abuse, sexual assault, or harassment.

Once an order of protection is filed and granted in Nebraska, it becomes a part of Nebraska civil court records and is typically enforceable all over the state. Violating a protection order in Nebraska is a criminal offence under Nebraska law (§ 42-924.01), attracting either arrest, fines, or jail time.

Types Of Restraining Orders in Nebraska

Nebraska law offers numerous types of civil protection orders, with each one designed for different kinds of threats or harms. The different types of protection orders in Nebraska include:

• Domestic Abuse Protection Orders

A domestic abuse protection order is typically issued when the petitioner has been harmed or threatened by a household member or someone with whom they share an intimate or familial relationship, such as a spouse, co-parent, or ex-partner. These abuses include threats, physical harm, or fear of injury.

• Harassment Protection Orders

This is available to individuals who are experiencing repeated, intentional harassment from an individual who is not a household member. Harassment protection orders apply to threats, stalking, and other behaviours that cause emotional distress.

• Sexual Assault Protection Orders

The sexual assault protection order is designed primarily for victims of sexual assault, regardless of the relationship they have with the offender. A sexual assault protection order restricts all forms of contact and may be issued even before criminal charges are filed.

According to Nebraska law, violating an order of protection is a criminal offence, including:

• Immediate arrest, even without a warrant, by law enforcement
• A first-time offence is typically classified as a Class 1 misdemeanour and punishable by up to one year in jail and/or a fine of $1,000.
• Repeat violations attract escalation to a Class IV felony.

Most protection orders also prohibit the respondent from purchasing or owning firearms for the duration of the order. Violating this firearm restriction may result in separate criminal charges under both state and federal law.

Are Restraining Orders Public Record In Nebraska?

Yes. Protection orders are generally part of public court records, which are open to public access upon filing and issuance by the court. This includes all kinds of protection orders, including orders of protection from domestic abuse, harassment, or sexual assault. The orders are entered into the Nebraska Trial Court Case Management System (JUSTICE) and can be accessed through district and county court clerks. Nonetheless, certain records are exempted from public access due to the sensitivity of the details contained in them; such records include the following:

• Personal details such as home address and contact information are typically redacted
• Records involving minors or orders issued under specific safety concerns, such as human trafficking survivors
• Law enforcement entries of protection orders into systems are not publicly accessible and are restricted to official use

How To Lookup Restraining Orders In Nebraska

Interested parties can access protection orders through the following avenues in Nebraska:

• In-person courthouse access through the district or county court clerk's office.
• Through the Nebraska Court Case Search Online Portal, which offers access to limited case details

Unlike some states, Nebraska does not operate a publicly accessible law enforcement database for protection orders. Subsequently, access through law enforcement or a third-party background check service is possible but limited to authorized users.

Can You Lookup A Restraining Order Online?

Yes. Nebraska justice system provides limited remote access to order of protection through the Nebraska Trial Court Case Search, which allows the public to search by case number or party name to view basic details such as case status, typeand hearing dates.

Nonetheless, it is worth noting that full documents on protection orders are not accessible online; they can only be accessed in person at the courthouse. Access to these records is not limited to involved parties, as the public, employers, and others can also access these records through the remote database. Sensitive details are, however, redacted, and sealed cases are restricted from public access.

Additionally, victims and concerned parties can make use of the Nebraska Victims of Crime Alert Portal (NEVCAP) to ascertain if an individual has an active protection order and also to subscribe to notifications.

Once entered into court, protection orders are submitted by the Centralized Protection Order Office to the National Crime Information Center (NCIC) and are only accessible to law enforcement.

Nebraska also operates a Foreign Protection Order Registry, which records out-of-state orders and is managed by the State Patrol and submitted to NCIC. This is also not accessible to the public.

How To File A Restraining Order In Nebraska

To file an order of protection in Nebraska, a petitioner is required to follow the process below:

• A petitioner must first determine the appropriate category, whether a domestic abuse, sexual assault, or harassment protection order.
• Upon determining the appropriate type, the petition can then be completed with the necessary forms. Application forms can be obtained remotely or in person at the courthouse.
• Completed forms are to be filed with the district court in the county where the petitioner or respondent resides
• The court reviews the petition and may issue a Temporary Protection Order (TPO) the same day if there is evidence of immediate risk. This temporary order remains active until a formal court hearing, usually within 10 to 14 days.
• The petitioner is typically responsible for arranging personal service of the protection order on the respondent with the help of a sheriff's deputy or another neutral adult over 18. Following service of the documents, a proof of service is required to be filed with the court before hearing can commence.

Can You File A Restraining Order For No Reason In Nebraska?

No. Nebraska court requires reasonable proof that the respondent engaged in a restricted act such as harassment, abuse, or sexual assault. According to Neb. Rev. Stat. § 42-924, a judge can only issue an order of protection if the petition shows that the respondent has intentionally attempted bodily injury or made credible threats. All petitions filed without sufficient evidence or a factual basis are denied in Nebraska.

What Proof Do You Need For A Restraining Order In Nebraska?

A petitioner is required to present credible and factual evidence that shows that a respondent committed abuse, harassment, or sexual assault as defined by Nebraska law. The court uses a standard of "preponderance of the evidence", which states that it must be more likely than not that the alleged conduct occurred. Acceptable forms of evidence in Nebraska include the following:

• Police reports showing prior calls for service or the incident
• Photos of property damage or injuries
• Emails, text messages, or written threats demonstrating intimidation or harassment
• Eyewitness statements or affidavits
• Medical records supporting claims of physical harm

For temporary protection orders, sworn statements alone may be enough if the description is credible and supports claims of immediate threat. On the other hand, however, a long-term protection order typically requires supporting documentation or testimony at the hearing.

How Long Does It Take To Get A Restraining Order In Nebraska?

A temporary order of protection can be granted the same day the petition is filed if the judge finds that the allegations show an immediate threat of harm. This decision is typically ex parte in Nebraska without notifying the respondent, and can be processed quickly through the district court.
Upon granting a temporary order, the court schedules a full hearing to decide whether or not to issue a longer-term order. This hearing is typically held within 10-21 days of the filing. If the petition is denied without a hearing, the court is required to notify the petitioner, who is free to still request a hearing to present additional evidence.

How Long Does A Restraining Order Last In Nebraska?

The duration of an order of protection in Nebraska depends on two major factors: the type of order and the stage. An emergency order of protection issued by law enforcement typically lasts five to seven days, providing immediate but short-term safety pending a full hearing. On the other hand, a restraining order issued by the court will remain in effect for two to three weeks pending a full hearing.

A final order of protection is typically granted after a full hearing and stays active for up to five years, except as specified otherwise by the court. Petitioners can also request renewal of the order before its expiration, particularly if the threat still remains. The court assesses whether there is enough evidence to extend the order and may grant renewal without the need for further proof from the petitioner.

How Much Does A Restraining Order Cost in Nebraska?

There is typically no out-of-pocket fee required from victims in Nebraska when filing for a protection order related to sexual assault, domestic abuse, or harassment. Additionally, if the personal service is done by the sheriff, the fee is typically waived in protection order cases involving threats or violence.
It is worth noting that other potential costs, such as obtaining certified copies of the order or hiring a private process server, may apply, but they are often covered by the court. Nebraska courts also offer fee waiver relief for petitioners who demonstrate financial hardship, ensuring that cost does not discourage people from seeking protection.

Can You Cancel A Restraining Order In Nebraska?

Yes. In Nebraska, only the court has the authority to either modify or cancel an order of protection after it has been issued. Either of the parties (the petitioner or the respondent) is at liberty to request modification or termination of the order by filing a motion with the court that issued the order.

To begin the cancellation process, the requesting party is required to complete the required form based on the peculiarity of the request:

• Request for Modification to Domestic Abuse Protection Order (Form DC 19:19),
• Motion to Vacate and Set Aside and to Dismiss Protection Order (Form DC 19:18),
• Praecipe (DC 19:1), Petition/Affidavit, renewal, and dismissal forms

Upon completing the required form, submit it to the district court clerk. Upon filing, the court schedules a hearing where the other party should be formally notified of the date and also given the opportunity to respond to the motion.

At the hearing, the judge will review the facts and decide whether to uphold, change, or terminate the order. The court's approval is mandatory, and neither party may alter the terms privately. If the order is changed or cancelled, the court will update its records and notify law enforcement agencies to ensure enforcement actions are consistent with the current status of the order.