Nebraska
Nebraska Restraining Order Laws (2026): How to Get a Protective Order
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 3 primary sources cited on this page. How we verify our legal content
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 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, as reorganized by LB80 signed in May 2025). 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 sexual assault regardless of any relationship to the person who committed the assault. The Harassment Protection Order protects victims of harassment when no domestic relationship is present and the conduct does not rise to the level of sexual assault.
LB80 modernized and renumbered these statutes, moving them from Chapter 42 to the new Chapter 26 (sections 26-101 through 26-125). The reorganization also extended the duration range for final domestic abuse orders and added a mandatory court notice about 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 sexual assault, or to a pattern of 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 district court clerk. LB80 (2025) clarified that proceedings are heard in county or district court. Filing is free; the federal Violence Against Women Act prohibits courts from charging a filing fee or a service fee for domestic violence protective orders.
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 will review it and decide whether to issue an ex parte temporary order. If the court does not issue an ex parte order, a hearing will be scheduled within 14 days and the respondent will be notified.
Temporary vs. final orders: how long they last
Nebraska courts can issue a temporary ex parte order on the day the petition is filed when there is evidence of immediate danger to the petitioner. The judge acts without the respondent present because the urgency of the situation does not allow time for notice. If the court does not act on an ex parte basis, it schedules a hearing within 14 days and provides notice to the respondent.
After the hearing, the court may issue a final protective order. Under LB80 (2025), a final Domestic Abuse Protection Order must be set for an initial period of at least one year and no more than two years. The court sets the specific length based on the evidence presented at the hearing. Final orders are renewable upon motion.
| Order stage | Duration |
|---|---|
| Ex parte temporary order | Until hearing (hearing within 14 days of petition) |
| Final Domestic Abuse Protection Order | At least 1 year, up to 2 years (LB80, 2025); renewable |
| Sexual Assault / Harassment Protection Order | Court-set period; renewable |
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 (g)(8).
The federal prohibition applies once a final order has been issued after notice and a hearing (or the respondent's consent). Under (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. LB80 (2025) codified the requirement that the court include this notice in every qualifying order, ensuring 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
Frequently Asked Questions
How do I get a restraining order in Nebraska?
File a petition with the district court clerk in your county. You can ask the court to issue an ex parte temporary order the same day if you are in immediate danger. The court schedules a full hearing within 14 days. Filing is free. 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 Domestic Abuse Protection Order lasts between one and two years, as set by the court based on the evidence. It is renewable. A temporary ex parte order remains in effect until the hearing, which must be held within 14 days of the petition.
How much does a restraining order cost in Nebraska?
Filing for a Domestic Abuse Protection Order is free. The federal Violence Against Women Act prohibits courts from charging a filing fee or a service fee for domestic violence protective orders. There is no cost to the petitioner.
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 district court and describe the abuse or harassment in your petition. 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.
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.
Updates
Rebuilt Nebraska's protective-order violation penalty ladder into its full four-tier structure (misdemeanor for a first offense, escalating felony classes through a fourth-or-subsequent offense carrying up to 20 years), correcting a version that flattened every repeat violation into a single lower felony tier.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Nebraska Revised Statutes, Chapter 26: COURTS; PROTECTION ORDERS
§ 26-103Domestic abuse protection order; petition, contents; relief grantedIn force
(1) Any victim of domestic abuse may file a petition and affidavit for a domestic abuse protection order as provided in this section. The petition shall state the events and dates or approximate dates of acts constituting the alleged domestic abuse, including the most recent and most severe incident or incidents. (2) Upon the filing of such a petition and affidavit in support thereof, the court may issue a domestic abuse protection order, without bond, granting the following relief: (a) Enjoining the respondent from imposing any restraint upon the petitioner or upon the liberty of the petitioner; (b) Enjoining the respondent from threatening, assaulting, molesting, attacking, or otherwise disturbing the peace of the petitioner; (c) Enjoining the respondent from telephoning, contacting, or otherwise communicating with the petitioner; (d) Removing and excluding the respondent from the residence of the petitioner, regardless of the ownership of the residence; (e) Ordering the respondent to stay away from any place specified by the court; (f) Awarding the petitioner temporary custody of any minor children for a period not to exceed ninety days.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
Cited in 4 court opinionsMost recently applied by a court: 2026
Leading cases:
- Opinion No. (1981) (Nebraska Attorney General Reports 1981)“…the qualifications for municipal court judges contained in Neb.Rev.Stat. § 26-103 (Reissue 1979). If we can be of furt…”
- Carmela H. v. Luke S. (Nebraska Court of Appeals 2026)“…at that time. Section 42-924 has since been transferred to Neb. Rev. Stat. § 26-103 (Cum. Supp. 2025), part of the Protecti…”
- Korth v. Karpf (Nebraska Court of Appeals 2026)“…ant to § 42-924. This statute has since been transferred to Neb. Rev. Stat. § 26-103…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 18
§ 922Unlawful actsIn forcecited in 61 of our articles
It shall be unlawful— for any person— except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce; for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that— this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 40,024 court opinionsMost recently applied by a court: 2026
In the courts (editorial summary, independently checked):Section 922(g)(1) bars a felon from possessing a firearm, and the Supreme Court cases in this line turn on sentencing, not on the ban. Taylor v. United States (1990) and Shepard v. United States (2005) held that whether prior convictions enhance a 922(g) sentence under 924(e) is decided from offense elements and limited plea records.
Leading cases:
- United States v. Booker (Supreme Court of the United States 2004, 543 U.S. 220)“…e Johnson with one crime (say, illegal gun possession, see 18 U. S. C. § 922 (g)) and Jackson with another (say, ban…”
- Almendarez-Torres v. United States (Supreme Court of the United States 1998, 523 U.S. 224)“…cidivism an offense element in such circumstances. But cf. 18 U. S. C. § 922 (g)(1) (prior felony conviction an elem…”
- Taylor v. United States (Supreme Court of the United States 1990, 495 U.S. 575)✓Taylor pleaded guilty to felon-in-possession under 18 U.S.C. § 922(g)(1) and had two Missouri burglary convictions; the Court held that 'burglary' in the § 924(e) enhancement attached to a § 922(g) conviction means generic burglary judged by the prior statute's elements.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can You Become an ICE Agent with a Criminal Record? (2026 Guide), How Long Does a Felony Stay on Your Record? (2026), Supreme Court Limits the Federal Gun Ban on Marijuana Users (Hemani, 2026)
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Neb. Rev. Stat. sections 26-101 to 26-125 (Protection Orders Act, reorganized by LB80, 2025)(nebraskalegislature.gov).gov
- Nebraska Judicial Branch self-help resources(supremecourt.nebraska.gov).gov
- Nebraska Legislature (LB80, 2025 session)(nebraskalegislature.gov).gov