Nebraska Restraining Order Laws (2026): How to Get a Protective Order
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 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 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. 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) commits a Class I misdemeanor on the first offense. That carries a penalty of up to one year in jail and a fine of up to $1,000. A second or subsequent violation is a Class IV felony, which carries up to two years in prison and a fine of up to $10,000.
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.
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- Nebraska Child Custody Laws
- Nebraska Child Support Laws
- Nebraska Common Law Marriage Laws
- Nebraska Data Privacy Laws
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- Nebraska Emancipation Laws
- Nebraska Expungement Laws
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Sources
- Neb. Rev. Stat. sections 26-101 to 26-125 (Protection Orders Act, as reorganized by LB80, signed May 20, 2025): https://nebraskalegislature.gov/laws/statutes.php?statute=26-103
- Nebraska Legislature (LB80, 2025 session): https://nebraskalegislature.gov
- Nebraska Judicial Branch self-help resources: https://supremecourt.nebraska.gov/self-help
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.
