Note: If you or someone you know is the victim of domestic violence, call the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or your local police department, or contact the Nebraska Domestic Violence Sexual Assault Coalition .
Protective orders (also called orders of protection or restraining orders) are issued by courts in order to protect individuals from stalking or unwanted contact from a potentially dangerous person. The person named in the protective order, often someone accused of domestic violence or stalking, is required to stay a certain distance away from the person seeking the order for a specified amount of time. He or she also must refrain from telephone calls, email, or any other forms of communication or contact. While restraining orders also may be used to protect celebrities from overly-obsessive fans, these are much less common occurrences.
Nebraska Protective Order Laws at a Glance
Under Nebraska's Protection from Domestic Abuse Act, a family or household member may obtain an order of protection from someone who does one of the following:
Additional provisions of Nebraska's protective orders statute are listed in the following chart. See FindLaw's Domestic Violence section for additional articles and resources.
|Code Section||42-901, et seq.|
|Activity Addressed by Order||Enjoin contact; exclude from dwelling or any other place specified by court; regarding minors; temporary custody|
|Duration of Order||Maximum: 1 year unless modified|
|Penalty for a Violation of Order||Class II misdemeanor if knowingly violated; Class I misdemeanor if violator has prior conviction for violating order; Class IV felony if violator has prior conviction for violating same order|
|Who May Apply for Order||Any victim of domestic abuse|
|Can Fees Be Waived?||Yes, in good faith|
|Order Transmission to Law Enforcement||Copy to local police department, local law enforcement agent and local sheriff's office|
|Civil Liability for Violation of Order||-|
Note: State laws are not carved in stone and may change through the enactment of new legislation, the decisions of higher courts, or other means. You should contact a Nebraska criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.
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Nebraska Protective Order Laws: Related Resources
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