How to Get a Restraining Order in Nebraska

Learning how to get a restraining order in Nebraska is important for victims of both domestic abuse and harassment whether or not they are U.S. citizens. Also known as a protection order in the state of Nebraska, it is a court order which allows a victim to seek protection without a lawyer’s help. There are two types of protection orders in Nebraska. Differentiation is primarily based on the relationship between the petitioner and the respondent.http://www.supremecourt.ne.gov/self-help/pos.shtml The steps for getting a Domestic Abuse Protection Order or a Harassment Protection Order are similar.http://www.supremecourt.ne.gov/self-help/pos.shtml

A Domestic Abuse Protection Order applies when the abuser is an existing or former spouse, a parent of the victim’s child(ren), a family or household member related by marriage or blood, someone the victim dates or ever dated; lives or ever lived with; has or ever had sexual relationship. The protection also covers current or former same-sex partners. http://www.womenslaw.org/laws_state_type.php?id=547&state_code=NE&open_id=11538 Actual harm, sexual assault as well as physical menace, attempts or threats to cause bodily injury constitute domestic violence in Nebraska. A Domestic Abuse Protection Order can order an abuser to leave the residence or stay away from specified locations; grant temporary custody of minor children; demand the abuser to stop certain behavior and further contact. http://www.supremecourt.ne.gov/forms/district/DC-19-8.pdf

A Harassment Protection Order applies when the abuser is a stranger or an unrelated person a victim knows. http://www.supremecourt.ne.gov/self-help/pdf/file-guide-dom-abuse.pdf The petitioner must show that the respondent has intentionally and seriously terrified, threatened, or intimidated the petitioner without legitimate reason.http://www.supremecourt.ne.gov/forms/district/DC-19-3.pdf Besides stopping harassing behavior, a Harassment Protection Order can prohibit the abuser from engaging in non-physical contact with the victim. http://www.supremecourt.ne.gov/forms/district/DC-19-2.pdf

Step 1: Obtain and Fill out the Forms

Decide which order to file and obtain the relevant forms at the local domestic violence or sexual assault victim programs or the district court clerk. The forms can also be downloaded from the website of the Nebraska Judicial Branch. http://www.supremecourt.ne.gov/self-help/pos.shtml

Fill out the forms with details and dates regarding the alleged abuses or threats. Children can be included as protected individuals in the Domestic Abuse Protection Order when they have been abused or threatened by the abuser.

Step 2: File the Petition at the Courthouse

The petition must be filed in the district court. But the petitioner can request the case to be heard in either the district or county court. http://www.supremecourt.ne.gov/forms/district/DC-19-8.pdf Only sign the forms in front of a notary public. The court clerk can also notarize the papers.

Step 3: Obtain an Ex Parte Protection Order

Bring all the documents to the court clerk who will forward it to a judge. If the judge considers the victim to be in immediate danger of being abused, an Ex Parte Protection Order will be issued. It is good up to the court hearing for a permanent protection order. The hearing is usually scheduled within 30 days after a sheriff or a deputy service the Ex Parte Protection Order. http://www.supremecourt.ne.gov/self-help/pdf/faq-file-dom-abuse-po-eng.pdf If no temporary order is granted, the hearing is usually scheduled within 14 days after the filing of the petition. http://www.womenslaw.org/laws_state_type.php?id=547&state_code=NE&open_id=11538

Step 4: Obtain a Permanent Protection Order at the Hearing

Both the petitioner and respondent must be present at the hearing with or without a lawyer to present evidences or call witnesses to support their respective stories. A judge will decide if a permanent order should be issued which is usually good for up to one year. Custody of minor children is effective up to 90 days, however. Once the order is granted, it is taken to the local sheriff for enforcement. http://www.supremecourt.ne.gov/self-help/pdf/faq-file-dom-abuse-po-eng.pdf But the petitioner should carry the Domestic Abuse Protection Order at all times to get the fullest protection. http://www.supremecourt.ne.gov/self-help/pdf/faq-file-dom-abuse-po-eng.pdf

Disclaimer

The content in this page is not a substitute for professional legal advice. Please contact a law professional before using the information presented here.