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Restraining Order in Nebraska

Nebraska Restraining Order Attorney

How Can You Obtain a Domestic Violence Order of Protection (Restraining Order)?

Domestic Violence Protection Orders, often referred to as Restraining Orders, are civil orders issued by the court to protect victims of domestic violence from further abuse.

A domestic violence order of protection is obtained by filing a petition with the court establishing that an act of domestic violence has been perpetrated against you. Nebraska law defines such acts in the following ways.

Family or Household Members:

  • Causing or attempting to cause bodily injury, with or without a “dangerous instrument” (i.e., a weapon, heavy object, etc.);
  • Placing someone in fear of bodily injury by “credible threat,” which means:
    1. A verbal or written threat (including via email, text, etc.)
    2. A threat that is implied through a pattern of conduct or a combination of verbal, written, or electronic statements/conduct that causes you to fear for your safety or your family’s safety; (Note: you do not have to prove that the harasser had the intention to actually act on the threat, just that s/he seemed to have the ability to do so if s/he chose to. If the harasser makes the threat while s/he is in jail, that does not matter — you can still believe that s/he has the ability to carry out the threat); or
  • Forcing unwanted sexual contact or sexual penetration, as defined by the law.*

Family or household members include:

  • Spouses or former spouses
  • Children
  • People who are presently living together or who have lived together in the past
  • People who have a child in common whether or not they have been married or have lived together at any time
  • People related by blood or marriage, and
  • People who are presently involved in a dating relationship with each other or who have been involved in a dating relationship with each other in the past

How Can You Defend Against a Domestic Violence Order of Protection

If you have been accused of domestic violence and served with a temporary order of protection, you have only five days within which to request a hearing to determine whether the order will be dismissed or become a final order of protection. A competent attorney can help you defend against the charges or potentially negotiate a better resolution than a final order of protection, which affect some of your Constitutional rights (like possessing firearms).

How Long Does a Domestic Violence Order of Protection Last and What Does It Do?

A final order of protection lasts up to one year. It can order the abuser to:

  • Not to restrain you or restrict your liberty (freedom)
  • Not to threaten, assault, bother, attack, or otherwise disturb you
  • Not to contact you in any way
  • Be excluded (removed) from your home (regardless of who owns the home)
  • Stay away from any place specified by the court
  • Not have or buy a firearm; and/or
  • Do anything else that the judge believes is necessary for your safety

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Restraining Order in Nebraska

Call a Nebraska Lawyer to Assist You With Your Domestic Violence Order of Protection (Restraining Order)

If you need assistance prosecuting or defending against a domestic violence order of protection we are here to help with attorneys who have handled a large number of these cases on both sides. Call 402.509.7033 to schedule an initial consultation. We are a client-focused firm that will protect you and your rights.

Nebraska Legal Group

Need Help with a Restraining Order?

Call Nebraska Legal Group at 402.509.7033 or get started with a free case evaluation.

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Frequently Asked Questions

When do protection orders begin and expire?

A final protection order lasts one year but can be renewed.

Are restraining orders public record in Nebraska?

Yes, in the state of Nebraska most court orders are public record.

What is a protection order in Nebraska?

A protection order in Nebraska is a court-issued order designed to protect individuals from abuse, sexual assault, or harassment. It can prohibit the accused person from contacting, intimidating, or coming near the petitioner. Protection orders are legally enforceable, and violating one can lead to criminal penalties.

How can I get a protection order in Nebraska?

To obtain a protection order in Nebraska, you must file a petition with the court explaining why protection is necessary. If the judge finds credible evidence of danger or harassment, a temporary order may be issued immediately, followed by a hearing to decide if a longer-term order is needed. Protection orders are available for victims of domestic violence, stalking, sexual assault, and harassment.

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

In Nebraska, a protection order is used to prevent contact in cases of domestic violence, harassment, stalking, or sexual assault, focusing on personal safety. A restraining order is typically part of a civil case, like a divorce, and is meant to stop certain actions, such as selling assets or disrupting custody. While both are court orders, protection orders aim to protect individuals, while restraining orders direct the type of actions permitted between the parties during legal proceedings.

Contact Us


Email:
info@nebraskalegalgroup.com

Omaha Office

Phone:
402.509.7033
Address:
Two Old Mill, 10855 West Dodge Rd
Suite 240
Omaha, NE 68154

Lincoln Office

Phone:
531.248.5050
Address:
6940 O Street
Suite 314
Lincoln, NE 68510

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