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
Understanding who qualifies as a family or household member is important if you are facing accusations of domestic violence in Kansas or Missouri. Courts look at both the relationship and the type of conduct involved.
Acts that may qualify as domestic violence include:

• Causing or attempting to cause bodily injury, with or without a dangerous instrument

• Placing someone in fear of bodily injury through a credible threat, including:

• Verbal or written threats

• Threats made by text, email, or online messages

• Patterns of conduct that cause you to fear for your safety or your family’s safety

• Threats that show the person has the ability to act, even if made while in jail

• Forcing unwanted sexual contact or sexual penetration under state law
Family or household members include:

• Spouses and former spouses

• Children

• Individuals who currently live together or lived together in the past

• Individuals who share a child, regardless of marriage or cohabitation

• Relatives by blood or marriage

• People who are in or have been in a dating relationship
How to Defend Against a Domestic Violence Order of Protection
If you are served with a temporary order of protection, you must respond quickly. In Kansas and Missouri, you have only five days to request a hearing. This hearing determines whether the temporary order is dismissed or becomes a final order.
A defense attorney can help you:

• Understand your rights and the claims against you

• Gather evidence and prepare your testimony

• Challenge statements that do not meet legal standards

• Negotiate a resolution that avoids the consequences of a final order

• Protect your ability to possess firearms and safeguard other Constitutional rights
How Long Does a Domestic Violence Order of Protection Last?
A final order of protection can last for up to one year. The judge can order the restrained person to:

• Avoid restraining you or limiting your freedom

• Stop threatening, assaulting, bothering, or disturbing you

• Avoid contacting you in any form, including calls, texts, email, or social media

• Leave your home, even if you do not own it

• Stay away from locations the court identifies

• Avoid having or purchasing a firearm

• Follow any additional conditions the court finds necessary to protect your safety
Call a Nebraska Lawyer to Assist You With Your Domestic Violence Order of Protection (Restraining Order)
If you need assistance on how to file a restraining order or defending against a domestic violence order of protection we are here to help. Our experienced Kansas City family law attorneys 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.
Need Help with a Restraining Order?
Call Nebraska Legal Group at 402.509.7033 or get started with a free case evaluation.
Get StartedFrequently Asked Questions
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
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