Protection Order - Harassment

Courts may ask for information or additional steps not included in the process outlined on the following pages. The Clerk of the District Court will be responsible for notifying you of any additional local rules. It will be your responsibility to comply with all the local rules as well.

Types of Protection Orders

A person filing a Protection Order will need to first decide what type of Protection Order to file. (Flowchart: Protection Order, How Do I Know What I Need?).

There are three kinds of protection orders:

1. Domestic Abuse Protection Order: For people who have been in close relationships (relatives, spouses or former spouses, people who have lived or are living together, or who have been in a dating relationship, etc.). It is granted because someone attempted, threatened, caused bodily injury, or intimidated the other person by credible threat, or engaged in sexual contact or sexual penetration without consent.
2. Sexual Assault Protection Order: This can be filed against a person not related to you. It is granted because someone subjected or attempted to subject you to sexual contact or sexual penetration without consent.
3. Harassment Protection Order: This can be filed against a person related or not related to you. They require several attempts by phone or personal contact that seriously terrify, threaten, or intimidate you and serve no legitimate purpose. This type of Protection Order cannot be Renewed. Information about a Harassment Protection Order may be found https://supremecourt.nebraska.gov/self-help/protection-abuse/harassment-protection-order.

• After choosing the best type of protection order that is correct for your situation, the required forms may be completed online or printed and filled out. These forms can also be provided by the Clerk of the District Court.

• Getting Started
• What I Need to Know
• How To File
• Laws and Rules

Getting Started

Information About Filing a Protection Order (Applies to all types of protection orders)

• A Protection Order is an order from a judge to protect people from abuse, sexual assault, or harassment.
• It does not cost money to apply for a protection order. Exception: If someone lies or obtains a protection order for false reasons the judge may order costs to be paid.
• An attorney is not required for the filing of a protection order or at a hearing, but it may be helpful if there are complicated matters. You may be at a disadvantage if the other party has an attorney.
• A person who files the Protection Order is the Petitioner.
• The person who has allegedly assaulted, threatened, restrained, abused, sexually assaulted, or harassed the Petitioner is called the Respondent.
• A parent or guardian may apply for protection on behalf of a minor child.
• You do not have to be a citizen to file for and be granted a protection order.
• A Protection Order is a civil matter and not criminal.
• If a party does not speak English, they must let the court know an interpreter will be needed if a hearing is set. The needed language must be identified.
• If a respondent violates a protection order, they can be charged with a criminal offense.
• Protection Orders are filed at the Clerk of the District Court’s Office.
• Protection Orders may be entered (signed) by a district or county court judge.
• Judges may enter Protection Orders “ex parte.” That means the order can be entered without all sides of a case present or upon the review of a signed petition and affidavit.
• Paperwork for filing a protection order is available at the Clerk of the District Court’s Office and online at https://supremecourt.nebraska.gov/self-help/protection-abuse/faq.
• For individuals living in a safe house or whose addresses have been determined confidential by the Nebraska Secretary of State, their physical address will not appear on the filed paperwork.

What I Need to Know

For me to complete the forms I will need:

• My name, date of birth, social security number, physical address, and e-mail address.
• If asking for protection on behalf of my children, I must have my children’s names, dates of birth, and social security numbers.
• The name(s), date(s) of birth and address of the person(s) I need protection from.
  • If I do not have an address, service may not occur. A protection order must be served to be considered enforceable.
  How To File

  How to File

  

  First Steps:

  Note: This form is not required but is meant to assist in gathering the information you will need to complete the petition and affidavit forms you will need to file to obtain a Harassment Protection Order. This form does not get filed with the clerk.

  • The petition and affidavit must be filled out completely.
  • You must be as detailed as possible.
  • You must include what was said and describe what happened.
  • Explain why you need the protection order.
  • Do not sign this document in advance.Your signature must be witnessed by a notary or court staff.

  Note: To find a notary, call your local bank or other businesses, or check with your Clerk of the District Court’s Office. Drive-through services may be available. Electronic notaries are available online and using these services is now approved in Nebraska.

  • Be aware you must provide your address and it will be public information. The respondent, (other party,) will have access to this information. The Clerk of the District Court’s staff cannot protect your address from the public unless one of the following:

  You currently reside in a safe house, abuse shelter or facility that provides temporary, emergency shelter and am unable to disclose address information.

  OR

  You currently reside in a safe house, abuse shelter or facility that provides temporary, emergency shelter and am unable to disclose address information.

  If either of these situations exist at the time you file for a Protection Order, you are required to complete and file the following form:

  The Social Security Number/Gender and Birth Date document will be filed as a confidential document. This means no one will see this document except for court staff. Provide as much known information as possible.

  This form is required when filing any case in the district court. If you cannot provide an email address, you must explain why on the form. When you register your e-mail address, the court may forward important documents to you electronically in an email.

  1. Read the instructions and complete form:

  The Praecipe is a request to have the respondent (other party) served the Protection Order if granted or a hearing to Show Cause is ordered by the judge. Be detailed when providing information. Law requires the Protection Order to be served upon the respondent.

  

  Filing for your Protection Order:

  1. After completing Steps #1 through #5, you must file or submit the forms to the Clerk of the District Court‘s Office in the county you live in. Click on District Court Contacts and Addresses to find the Clerk of the District Court in your county.
  2. Courts may accept forms electronically, via fax or by mail. Contact the court if you are unable to appear in person. How courts accept forms is determined by the court.
  3. Once filed, the Petition and Affidavit will be sent to the judge for review.
  4. Each protection order will have a specific case number. It is essential you keep that case number for your record. In some Clerks of the District Court ‘s Offices, the clerk will provide this number when you file the case. In other courts you will know the case number when you receive the copy of the order signed by the judge. The number will be in the upper right-hand portion of the order. The Clerk of the District Court and their staff will ask for the case number if you want information about your case.
  5. After review of your petition, the judge can grant the Protection Order, deny the Protection Order, or order a Show Cause Hearing be held.

  Denied: means the Protection Order is not granted and the case will be dismissed. In a Domestic Abuse Protection Order the judge cannot deny the Protection Order without a hearing.

  Granted: means the Protection Order is approved and the respondent will be served a certified copy of the Protection Order, Petition, and a Request for Hearing form.

  Order to Show Cause: means the judge did not have sufficient information to grant or deny the Protection Order so a hearing is set where more information may be provided to the judge. You will be required to attend the hearing. If you do not attend the hearing the Protection Order will likely be denied, and the case dismissed. The respondent has a choice to be there or not. At the end of the Show Cause Hearing, the judge will enter an Order of Protection, or deny the Order of Protection and dismiss the case.

  

  1. Once a Protection Order is Signed by the Judge
  • You will receive copies of the order. Depending on the court’s Protection Order process, those orders may be personally provided to you, electronically provided to you, or mailed to you.
  • You should always keep one of the orders with you. The other should be stored in a safe place.
  • If you are not personally present when the order is entered, the Clerk of the District Court will provide a certified copy electronically to the e-mail address you registered with the court. If no e-mail was registered, two certified copies will be mailed to you.
  • The Clerk of the District Court will also give copies to all law enforcement agencies in the counties where you and the respondent reside.
  • Your Protection Order is not active until the sheriff or other law enforcement serves (gives) a copy to the person from whom you are requesting protection.
  • When service occurs, the respondent (person you are requesting protection from) will be given a copy of the papers you filed with the court excluding the confidential document.
  • After being served, the respondent has ten (10) days to ask for a hearing.
  • If a hearing is requested, the judge will set a hearing date for both parties to appear and tell their side of the story. If you do not appear, the judge may dismiss the Protection Order.
  • If a hearing is set by the judge or is set at the request of the respondent, the Clerk of the District Court will notify you of the hearing date and time.

  Before your Hearing:

  1. Preparing for a Protection Order Hearing

  If a hearing is set in your Protection Order Case:

  

  • You are not required to bring anything to court, but it is wise to bring proof of harassment, or abuse such as:
    • Photographs of injuries and the person who took the pictures.
    • Respondent/defendant information with respect to alleged harassment, threats, intimidation, and terrorizing action where you were the victim.
    • Threatening notes or phone messages. Information from phones or other electronic devices must be printed.
    • Witnesses who saw or overheard what occurred.
    • Some courts will allow only the parties (petitioner and respondent) to provide testimony.

  On your court date:

  • You need to appear.
  • Be on time.
  • Make sure the court is aware you are present.
  • Contact the court if you need to change the hearing date.
  • Based on the evidence provided, the judge will either grant or deny the protection order.
  • Both you and the defendant will be provided with a copy of the final order.
  1. Protection Order Expiration:
  • Domestic Abuse Protection Orders, Sexual Assault Protection Orders and Harassment Protection Orders expire one (1) year after entered by the court.
  • If the respondent violates the protection order, call the police. Per state law, this person may be arrested and jailed for the violation.
  • Your Protection Order is valid in other states, but it should be “registered.” If you move to another city or state, contact law enforcement in your new place of residence and advise them that you have a protection order. They will provide their state’s requirements.
  • Persons wishing to register a Foreign Protection Order may contact the Nebraska State Patrol. The protected party must complete a “Foreign Protection Order Affidavit” which mustbe notarized. The Affidavit is available at any NSP office, any Nebraska District Court office, and at https://statepatrol.nebraska.gov/sites/default/files/721-foreign_protection_order_affidavit-2012-04.pdf.