A Protection Order
Neb. Rev. Stat. § 26-103 — a domestic abuse protection order, granted ex parte in danger, with no filing fee
A victim of domestic abuse files a petition and affidavit with the clerk of the district court, stating the events and dates of the abuse, including the most recent and most severe incidents.
- Barring the respondent from threatening, assaulting or otherwise disturbing the peace of the petitioner, or from contacting the petitioner at all.
- Removing the respondent from the petitioner's residence, regardless of who owns it.
- Temporary custody of minor children for a period not to exceed ninety days.
- Barring the respondent from possessing or purchasing a firearm.
- Sole possession of a household pet.
Ex parte. A domestic abuse protection order may be issued ex parte, before the respondent is heard, if the affidavit shows the petitioner will be in immediate danger of abuse before a hearing on notice.
The respondent who wants to contest it returns the request form within ten business days after service, and the show cause hearing is held within thirty days after the request. Without a timely request, the temporary order becomes the final protection order.
An order runs for an initial period of at least one year but not more than two years. A petition to renew is filed within forty-five days before it expires, and a renewal runs one year.
No fee. No fee is charged to file, issue or serve a protection order, unless the court finds by clear and convincing evidence that the petition was false and sought in bad faith.
Knowingly violating a served domestic abuse order is a Class I misdemeanor the first time and a Class IV felony the second. A petition may not be withdrawn except by order of the court.
Only the respondent can violate the order; the petitioner cannot. A particular petition is a question for a licensed Nebraska attorney.
Sources for this section (7)
- Neb. Rev. Stat. § 26-103 — Domestic abuse protection order; petition; relief granted
- Neb. Rev. Stat. § 26-106 — Protection order petition; filing; withdrawal
- Neb. Rev. Stat. § 26-109 — Ex parte protection order; duration; notice
- Neb. Rev. Stat. § 26-110 — Protection order; term; contents
- Neb. Rev. Stat. § 26-111 — Protection order; renewal
- Neb. Rev. Stat. § 26-116 — Protection order; no filing or service costs
- Neb. Rev. Stat. § 26-118 — Protection order; violation; penalties
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Nebraska attorney.