Nebraska Restraining Order Laws (2026): How to Get a Protective Order

In Nebraska, victims of domestic abuse can obtain a Domestic Abuse Protection Order against a family or household member, including dating partners. A final order of any type lasts between one and two years. Nebraska also offers a Sexual Assault Protection Order and a Harassment Protection Order for victims who do not share a qualifying relationship with the person harming them.

If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).

Types of restraining orders in Nebraska

Nebraska consolidated its protective order framework into the Protection Orders Act (Neb. Rev. Stat. Chapter 26, enacted by Laws 2025, LB80). The Act covers three distinct civil order tracks. The Domestic Abuse Protection Order applies when a qualifying domestic or family relationship exists between the petitioner and the respondent. The Sexual Assault Protection Order is available to any victim of a sexual assault offense regardless of any relationship to the person who committed the assault.

The Harassment Protection Order is open to any victim who has been harassed (Neb. Rev. Stat. 26-104(1)). No relationship with the respondent is required, and no relationship disqualifies a petitioner either. Nothing in section 26-104 closes the harassment order to someone in a family or dating relationship, or to someone whose facts could also support a sexual assault order. A court may treat a petition as a request for a different type of protection order when the facts make that other type more appropriate, either on specific findings or at the petitioner's request (Neb. Rev. Stat. 26-107).

LB80 consolidated these statutes into Chapter 26 (sections 26-101 through 26-125), but only the domestic abuse provisions carry a Chapter 42 lineage. The source note to section 26-103 ends "R.S.Supp.,2024, section 42-924; Laws 2025, LB80, section 3." The harassment and sexual assault sections have no Chapter 42 history at all: the note to 26-104 reads only "Laws 2025, LB80, section 4" and the note to 26-105 only "Laws 2025, LB80, section 5." Under the consolidated Act a single duration rule now governs all three order types, and a qualifying order must carry notice of the federal firearms disability.

Who can get a restraining order in Nebraska?

For the Domestic Abuse Protection Order, the petitioner must have a qualifying relationship with the respondent. Nebraska defines eligible relationships to include spouses and former spouses, co-parents (regardless of marital or cohabitation history), current and former cohabitants, blood or marriage relatives, and persons in a current or former dating relationship. A dating relationship means frequent, intimate associations characterized primarily by an expectation of affectional or sexual involvement; it does not include casual or purely business or social interactions.

The Sexual Assault Protection Order and the Harassment Protection Order require no qualifying relationship. Any person who has been subjected to a sexual assault offense, or to harassing conduct, may petition for one of those orders regardless of whether they know the respondent. This means that victims harassed by a coworker, neighbor, or stranger have a civil pathway that does not depend on proving a domestic connection.

How to file for a restraining order in Nebraska

A petition for a Domestic Abuse Protection Order, a Sexual Assault Protection Order, or a Harassment Protection Order is filed with the clerk of the district court, and the proceeding may be heard by the county court or the district court (Neb. Rev. Stat. 26-106(1)). A petition cannot be withdrawn except by order of the court.

Nebraska charges no fee to file a petition, issue a protection order, or serve one, and that waiver covers all three order types rather than domestic abuse orders alone (Neb. Rev. Stat. 26-116(1)). It has a real exception worth knowing before you file: a court may assess those fees and costs against the petitioner if it finds, by clear and convincing evidence, that the statements contained in the petition were false and that the protection order was sought in bad faith. Separately, at the final hearing the court may assess those costs against the respondent (26-116(2)).

Petitioners do not need an attorney to file. Nebraska courts maintain self-help centers at each courthouse where staff can assist with completing the forms. Local domestic violence advocacy organizations also provide free, confidential help preparing and filing petitions and can accompany petitioners to court. The Nebraska Domestic Violence Hotline (1-800-876-6238) connects callers with local programs.

After the petition is filed, the court reviews it and decides whether to issue an ex parte temporary order. If the court does not issue one, it schedules an evidentiary hearing and notifies the respondent: within fourteen days of filing for a domestic abuse or sexual assault petition, and at the court's discretion for a harassment petition (Neb. Rev. Stat. 26-108(1)). If the court does issue an ex parte order, no hearing is set automatically, and the next step belongs to the respondent.

Temporary vs. final orders: how long they last

Nebraska courts can issue a temporary ex parte order on the day the petition is filed. For a domestic abuse order, the affidavit must show the petitioner will be in immediate danger of abuse before the matter can be heard on notice; for a harassment or sexual assault order, it must show that irreparable harm, loss, or damage will result first (Neb. Rev. Stat. 26-109(1)). The judge acts without the respondent present because the urgency of the situation does not allow time for notice.

What happens next depends on whether the court acted ex parte, and this is the point most often described incorrectly. If the court declines to act ex parte, section 26-108(1) governs: the court must schedule an evidentiary hearing within fourteen days of filing on a domestic abuse or sexual assault petition, and may schedule one on a harassment petition.

If the court does issue the order ex parte, the order is a temporary order and there is no automatic hearing date. The court serves the respondent with the order and with a form to request a show cause hearing. The respondent has ten business days after service to sign and return that form to the clerk of the district court. If a timely request arrives, or the petitioner asks, or the court acts on its own motion, the court schedules the show cause hearing within thirty days after receiving the request. If the respondent appears and shows cause, the court rescinds the temporary order. But if the respondent never requests a hearing, or fails to appear at one after proper service, or appears and the order is not dismissed, the temporary ex parte order is affirmed and deemed the final protection order (Neb. Rev. Stat. 26-109(3) to (5)). On that path, which is a common one, no hearing is ever held.

A final protection order of any of the three types must be issued for an initial period of at least one year and no more than two years, unless dismissed or modified by the court (Neb. Rev. Stat. 26-110(1)). That range is not limited to domestic abuse orders: the same rule governs sexual assault and harassment protection orders. The court sets the specific length at its discretion based on the evidence presented, and the order must specify its effective initial period. A petitioner may file to renew within the forty-five days before expiration, and a renewed order runs for one year (Neb. Rev. Stat. 26-111). If you still need protection as the end date nears, get a free case evaluation from a Nebraska family lawyer on filing the renewal within those 45 days (attorney advertising).

Firearms and a Nebraska protective order

When a Nebraska court issues a Domestic Abuse Protection Order, the order may enjoin the respondent from possessing or purchasing a firearm as defined under Neb. Rev. Stat. section 28-1201. The court is also required to include a notice in the order warning that a qualifying final order triggers the federal firearm prohibition under 18 U.S.C. 922(g)(8).

The federal prohibition applies once a final order has been issued after notice and a hearing (or the respondent's consent). Under 18 U.S.C. 922(g)(8), a person subject to a qualifying domestic violence protective order may not possess any firearm or ammunition. This federal rule operates regardless of whether the state court itself specifically orders surrender. Nebraska law requires the court to include this notice in every qualifying order, so respondents are clearly warned of the consequence.

Respondents who are prohibited from possessing firearms and are found in violation of that prohibition may face both state contempt proceedings and federal criminal charges.

What happens if someone violates the order?

A person who violates a Nebraska Domestic Abuse Protection Order or Sexual Assault Protection Order (or a valid foreign equivalent from another state) faces a graduated penalty scheme under Neb. Rev. Stat. 26-118(2): a Class I misdemeanor for a first offense (up to one year in jail, $1,000 fine); a Class IV felony for a second offense (up to two years, $10,000 fine); a Class IIIA felony for a third offense (up to three years); and a Class IIA felony for a fourth or subsequent offense, which carries up to 20 years in prison.

Violation of a Harassment Protection Order is treated somewhat differently: the first offense is a Class II misdemeanor, and subsequent offenses are elevated to a Class I misdemeanor.

In all cases, police may arrest the respondent without a warrant upon probable cause that the order has been violated. If the respondent contacts you, comes near a protected location, or violates any other term in the order, call 911 immediately and report the violation. Document the contact (date, time, what happened, any witnesses) and preserve any messages or evidence. You can also report the violation to the court to initiate contempt proceedings.

This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.

Related pages

For a full overview of how protective orders work across all 50 states and DC, visit the Restraining Order Laws by State hub. If you are researching related Nebraska legal topics, see our pages on Nebraska recording laws and Nebraska self-defense laws.

More Nebraska Laws

• Nebraska Child Custody Laws
• Nebraska Divorce Laws
• Nebraska GPS Tracking Laws
• Nebraska Self-Defense Laws

Frequently Asked Questions

How do I get a restraining order in Nebraska?

File a petition and affidavit with the clerk of the district court in your county; the case may be heard by the county court or the district court. You can ask the court to issue an ex parte temporary order the same day if your affidavit shows immediate danger of abuse, or irreparable harm for a harassment or sexual assault petition. If the court issues an ex parte order, no hearing is set automatically and the respondent has ten business days after service to request a show cause hearing. If the court does not act ex parte, it schedules an evidentiary hearing within fourteen days of filing on a domestic abuse or sexual assault petition. There is no filing, issuance, or service fee. Court self-help staff and local domestic violence advocates can assist you with the forms.

How long does a restraining order last in Nebraska?

A final protection order runs for an initial period of at least one year and no more than two years, set by the court based on the evidence. That range applies to all three types: domestic abuse, sexual assault, and harassment protection orders (Neb. Rev. Stat. 26-110). A renewed order runs one year. A temporary ex parte order stays in effect until it is rescinded or affirmed: if the respondent does not request a show cause hearing within ten business days after service, the temporary order is affirmed and becomes the final protection order.

How much does a restraining order cost in Nebraska?

There is no fee to file a petition, issue a protection order, or have one served in Nebraska, and the waiver covers all three order types, not just domestic abuse orders (Neb. Rev. Stat. 26-116). There is one exception: a court may assess those fees and costs against the petitioner if it finds, by clear and convincing evidence, that the statements in the petition were false and that the order was sought in bad faith. At the final hearing, the court may instead assess those costs against the respondent.

Can I get a restraining order without a police report?

Yes. A police report is not required to file for a protective order in Nebraska. You file directly with the clerk of the district court and describe the abuse or harassment in your petition and affidavit. However, a police report, if one exists, can be helpful supporting evidence.

Does a restraining order take away gun rights in Nebraska?

A qualifying final Domestic Abuse Protection Order triggers the federal prohibition under 18 U.S.C. 922(g)(8), which bars the respondent from possessing any firearm or ammunition. The court may also specifically enjoin the respondent from possessing or purchasing firearms. Nebraska law requires the order to include notice of that federal firearms disability.

What happens if the abuser violates the order?

Call 911 immediately and document the violation. Violating a Nebraska Domestic Abuse Protection Order or Sexual Assault Protection Order is graduated by offense count: Class I misdemeanor for a first offense (up to one year jail, up to $1,000 fine), Class IV felony for a second offense (up to two years, up to $10,000 fine), Class IIIA felony for a third offense (up to three years), and Class IIA felony for a fourth or subsequent offense (up to 20 years). Police may arrest without a warrant.

Can I get a harassment protection order if I am related to or dating the person?

Yes. Neb. Rev. Stat. 26-104 lets any victim who has been harassed petition for a harassment protection order, and it does not disqualify petitioners who are in a family or dating relationship with the respondent. If the facts fit another order type better, a court may treat the petition as a request for a domestic abuse or sexual assault protection order instead, on specific findings or at your request (Neb. Rev. Stat. 26-107).

What is the difference between a restraining order and a protection order in Nebraska?

Nebraska uses the term 'protection order' in its statutes. What people commonly call a 'restraining order' is the same thing: a civil court order directing a person to stop contact or threatening behavior. In Nebraska the three types are the Domestic Abuse Protection Order, the Sexual Assault Protection Order, and the Harassment Protection Order.