Reviewed August 2026
Protective Orders in Nebraska
If you are in immediate danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233. Nebraska's civil remedy for domestic abuse is the Domestic Abuse Protection Order. It comes from the Protection from Domestic Abuse Act, at Neb. Rev. Stat. Section 42-901 and following. The order covers family or household members, and that definition is broad. It includes spouses and former spouses, people who live together or used to, people with a child in common, and dating partners. A petitioner files with the district court clerk. If the judge finds danger, the petitioner gets an ex parte order the same day, before the other person is notified. This page covers who qualifies, how the ex parte and hearing process works, cost, and how a protection order interacts with custody in a Nebraska case.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how protective orders works under Nebraska law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Nebraska paperwork. See how Virdix works for California divorces.
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Who qualifies and what counts as abuse
Under Neb. Rev. Stat. Section 42-903, abuse means attempting or causing bodily injury. It also means placing someone in fear of bodily injury through a credible threat, or sexual contact or penetration without consent. The abuser must be a family or household member. That term includes spouses, former spouses, and children. It also includes people who live together now or lived together in the past, people who have a child together, relatives by blood or marriage, and current or past dating partners. A Domestic Abuse Protection Order differs from Nebraska's Harassment Protection Order and Sexual Assault Protection Order. Neither of those requires any relationship between the parties.
Filing, the ex parte order, and getting a hearing
A petitioner fills out a Petition and Affidavit and files it with the clerk of the district court. If the judge finds the petition supports it, the court issues an ex parte order the same day, without the other party present. The order stays in effect until it's served. It is not enforceable until a sheriff or deputy serves the restrained person. Once served, that person can ask the court in writing for a hearing, where both sides tell their story. If they don't request one, the ex parte order simply continues for one year. If a hearing is requested, the judge decides at that hearing whether to cancel or continue the order.
Cost and where to file
Nebraska's self-help materials say there is no cost to file for a protection order. The only exception is if a judge later finds the petitioner lied or filed for an inappropriate reason. Petitions go to the clerk of the district court in the county where the petitioner lives. Forms are standardized statewide under Neb. Rev. Stat. Section 42-924.02. That statute requires the State Court Administrator to give every clerk the same petition, affidavit, and order forms.
Renewal and duration
A Domestic Abuse Protection Order lasts one year, whether it goes into effect by default or after a hearing. A petitioner can renew it by filing a Petition and Affidavit to Renew within 45 days before the current order expires. It can keep being renewed annually as long as the need continues.
Firearms and custody
A Domestic Abuse Protection Order does not automatically stop the restrained person from owning or buying a firearm. If the petitioner wants a federal firearm prohibition attached to the order, a hearing is required first. If that isn't sought, no hearing is needed to keep the order in place. On custody, a qualifying petitioner may also request temporary child custody as part of the order. That custody can last up to 90 days. It is only available through the Domestic Abuse Protection Order, not through Nebraska's Harassment or Sexual Assault Protection Orders.
Sources: Nebraska Judicial Branch: Domestic Abuse Protection Order, Nebraska Judicial Branch: Protection Order FAQ, Nebraska Domestic Abuse Protection Order Policy (citing Neb. Rev. Stat. 42-924, 42-924.02, 42-925), Neb. Rev. Stat. 42-903, Protection from Domestic Abuse Act definitions, Nebraska Coalition to End Sexual and Domestic Violence
Not independently confirmed
- Nebraska Coalition to End Sexual and Domestic Violence does not publish one statewide crisis hotline number on its homepage; it directs callers to local network providers, so this page uses only the National Domestic Violence Hotline number
- Whether county courts (as opposed to district courts) ever have concurrent authority to issue these orders in specific counties
Protective Orders in Nebraska: frequently asked questions
How do I get a protection order in Nebraska?+
File a Petition and Affidavit with the clerk of the district court in your county. If the judge finds you're in danger, you get an ex parte order the same day, before the other person is notified. It becomes enforceable once a sheriff or deputy serves the other party.
Who qualifies for a Domestic Abuse Protection Order in Nebraska?+
You need to be a family or household member of the person who hurt or threatened you. Nebraska defines this broadly: spouses, former spouses, people who live or lived together, people with a child in common, relatives, and current or past dating partners.
Does it cost money to file for a protection order in Nebraska?+
No, there is no filing cost. The only exception is if a judge later finds the petitioner lied or filed for an improper reason.
How long does a Nebraska protection order last?+
One year from the date it goes into effect. The petitioner can renew it for another year by filing within 45 days before it expires. It can keep being renewed annually after that.
Can I get custody of my kids through a Nebraska protection order?+
If you qualify for a Domestic Abuse Protection Order, you can ask for temporary child custody as part of it. That custody can last up to 90 days. This option only comes with a Domestic Abuse Protection Order, not a Harassment or Sexual Assault Protection Order.
Does a Nebraska protection order automatically stop someone from having guns?+
Not automatically. If the petitioner wants a federal firearm prohibition attached to the order, a hearing is required first. Without that hearing, the order doesn't by itself impose a firearm ban.
This page is general information about protective orders in Nebraska, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Nebraska's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Nebraska. Virdix does not prepare or file Nebraska divorce paperwork. It is not a substitute for an attorney licensed in Nebraska.
More Nebraska divorce guides
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