Chapter 26 — COURTS; PROTECTION ORDERS
33 sections in this chapter.
Neb. Rev. Stat. § 26-101 Act, how cited.
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Sections 26-101 to 26-125 shall be known and may be cited as the Protection Orders Act.
Neb. Rev. Stat. § 26-102 Terms, defined.
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For purposes of the Protection Orders Act: (1) Abuse has the same meaning as in section 42-903; (2) Family or household members has the same meaning as in section 42-903; (3) Harass has the same meaning as in section 28-311.02; (4) Household pet means any animal maintained for co…
Neb. Rev. Stat. § 26-103 Domestic abuse protection order; petition, contents; relief granted.
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(1) Any victim of domestic abuse may file a petition and affidavit for a domestic abuse protection order as provided in this section. The petition shall state the events and dates or approximate dates of acts constituting the alleged domestic abuse, including the most recent and …
Neb. Rev. Stat. § 26-104 Harassment protection order; petition, contents; relief granted.
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(1) Any victim who has been harassed may file a petition and affidavit for a harassment protection order as provided in this section. The petition shall state the events and dates or approximate dates of acts constituting the alleged harassment, including the most recent and most…
Neb. Rev. Stat. § 26-105 Sexual assault protection order; petition, contents; relief granted.
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(1) Any victim of a sexual assault offense may file a petition and affidavit for a sexual assault protection order as provided in this section. The petition shall state the events and dates or approximate dates of acts constituting the sexual assault offense, including the most r…
Neb. Rev. Stat. § 26-106 Petition; filing; proceeding; withdrawal, court order required.
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(1) A petition for a protection order shall be filed with the clerk of the district court, and the proceeding may be heard by the county court or the district court as provided in section 25-2740. (2) A petition for a protection order may not be withdrawn except upon order of the…
Neb. Rev. Stat. § 26-107 Type of protection order.
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A court may treat a petition for a domestic abuse, harassment, or sexual assault protection order as a petition for another of such types of protection order if it appears from the facts in the petition, affidavit, and evidence presented that such other type of protection order i…
Neb. Rev. Stat. § 26-108 Hearing; notice to respondent.
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(1)(a) If a domestic abuse protection order or sexual assault protection order is not issued or renewed ex parte under section 26-109, the court shall immediately schedule an evidentiary hearing to be held within fourteen days after the filing of the petition, and the court shall…
Neb. Rev. Stat. § 26-109 Ex parte protection order; duration; notice requirements.
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(1) A protection order may be issued or renewed ex parte to the respondent if it reasonably appears from the specific facts included in the affidavit that: (a) For a domestic abuse protection order, the petitioner will be in immediate danger of abuse before the matter can be hear…
Neb. Rev. Stat. § 26-110 Protection order; term; contents.
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(1) A protection order may be issued for an initial period of at least one year and no more than two years, unless dismissed or modified by the court. The length of the initial period shall be set at the court's discretion based upon the evidence presented. When issued, the prote…
Neb. Rev. Stat. § 26-111 Renewal; procedure; term.
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(1) A petitioner may file a petition and affidavit to renew a protection order. A petition for renewal may be filed ex parte as provided in section 26-109. Such petition and affidavit for renewal shall be filed any time within forty-five days before the expiration of the protecti…
Neb. Rev. Stat. § 26-112 Hearing; admission of petition, affidavit, or military protective order.
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During any hearing on a protection order: (1) The petition and affidavit shall be deemed to have been offered into evidence, and they shall be admitted into evidence unless specifically excluded by the court; and (2) A military protective order may be admitted as evidence of the …
Neb. Rev. Stat. § 26-113 Domestic abuse protection order; referee.
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The court may by rule or order refer or assign all matters regarding a domestic abuse protection order to a referee for findings and recommendations.
Neb. Rev. Stat. § 26-114 Protection order; copies; distribution; sheriff; duties; dismissal or modification; clerk of court; duties; notice requirements.
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(1)(a) Upon the issuance of a temporary ex parte protection order or final protection order, the clerk of the court shall forthwith provide, free of charge: (i) The petitioner with two certified copies of such order; (ii) The local police department or local law enforcement agenc…
Neb. Rev. Stat. § 26-115 Domestic abuse protection order; notice regarding firearm or ammunition.
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Upon issuance of any domestic abuse protection order, the court shall cause the notice created under section 29-2291 to be served upon the respondent notifying the respondent that it may be unlawful under federal law for a person who is subject to a domestic abuse protection orde…
Neb. Rev. Stat. § 26-116 Protection order; filed, issued, and served without payment of costs; when.
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(1) Fees to cover costs associated with the filing of a petition for a protection order or the issuance or service of a protection order seeking only the relief provided by the Protection Orders Act shall not be charged, except that a court may assess such fees and costs if the c…
Neb. Rev. Stat. § 26-117 Domestic abuse protection order granted to respondent; when.
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When ruling on a petition for a domestic abuse protection order, a court shall only grant a respondent a domestic abuse protection order if (1) the respondent files a cross or counter petition seeking a protection order and (2) the issuing court makes specific findings of domesti…
Neb. Rev. Stat. § 26-118 Protection order; foreign protection order; violation; penalties.
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(1) Any person, except the petitioner, who knowingly violates a protection order issued pursuant to the Protection Orders Act, after service or notice as described in subsection (4) of section 26-114, or a valid foreign protection order recognized pursuant to section 26-123 or 26…
Neb. Rev. Stat. § 26-119 Protection order; restraining order; violation; arrest, when.
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A peace officer shall with or without a warrant arrest a person if: (1) The officer has probable cause to believe that the person has committed a violation of a protection order described in section 26-118 or a violation of an order excluding a person from certain premises issued…
Neb. Rev. Stat. § 26-120 Arrest; peace officer; duties; conditions of release.
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A peace officer making an arrest pursuant to section 26-119 shall take such person into custody and take such person before a judge of the county court or the court which issued the protection order or other order. At such time the court shall establish the conditions of such per…
Neb. Rev. Stat. § 26-120.01 Arrest; military protective order; notification, when required.
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When a peace officer arrests any person who is a member of the armed forces of the United States, the officer shall determine whether a military protective order registered in the Federal Bureau of Investigation's National Crime Information Center database has been issued against…
Neb. Rev. Stat. § 26-121 Protection order; forms provided; State Court Administrator; duties.
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(1) The clerk of the district court shall make available standard petition and affidavit forms for all types of protection orders provided by law with instructions for completion to be used by a petitioner. (2) Affidavit forms shall request all relevant information, including, bu…
Neb. Rev. Stat. § 26-122 Protection order enforcement; confidential information.
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When provided by the petitioner, the court shall make confidential numeric victim identification information, including social security numbers and dates of birth, available to appropriate criminal justice agencies engaged in protection order enforcement efforts. Such agencies sh…
Neb. Rev. Stat. § 26-123 Foreign protection order; enforcement.
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A valid foreign protection order related to domestic or family abuse issued by a tribunal of another state, tribe, or territory shall be accorded full faith and credit by the courts of this state and enforced pursuant to the Uniform Interstate Enforcement of Domestic Violence Pro…
Neb. Rev. Stat. § 26-124 Foreign harassment or sexual assault protection order; enforcement.
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(1) A valid foreign harassment or sexual assault protection order or an order similar to a harassment or sexual assault protection order issued by a court of another state, territory, possession, or tribe shall be accorded full faith and credit by the courts of this state and enf…
Neb. Rev. Stat. § 26-125 Conflict of law.
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If there is any conflict between the Protection Orders Act and any other provision of law, the Protection Orders Act shall govern.
Neb. Rev. Stat. § 26-201 Terms; defined.
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For purposes of sections 26-201 to 26-207: (1) Domestic assault offense means any offense under section 28-323; (2) Law enforcement agency has the same meaning as in section 81-1401; (3) Law enforcement officer has the same meaning as in section 81-1401; (4) No-contact period mea…
Neb. Rev. Stat. § 26-202 No-contact period; prohibitions.
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Unless the victim has provided a waiver under section 26-203, when a person is arrested for a domestic assault offense or sexual assault offense, the person shall, for the duration of the no-contact period: (1) Not contact the victim; (2) Avoid the residence of the victim and, if…
Neb. Rev. Stat. § 26-203 No-contact period; waiver by victim.
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(1) A victim may waive the no-contact period by signing the written waiver in the form provided for in section 26-204. (2) Additionally, at any time during the no-contact period, a victim may waive the no-contact period by contacting the law enforcement agency of the arresting of…
Neb. Rev. Stat. § 26-204 Domestic assault or sexual assault arrest; law enforcement duties; advisements; State Court Administrator; duties.
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(1) When a law enforcement officer arrests a person for a domestic assault offense or a sexual assault offense, the officer shall, if possible, provide the victim with a printed advisement. Such printed advisement shall include a statement in substantially the following form: Und…
Neb. Rev. Stat. § 26-205 Release following arrest; advisement; statements inadmissible.
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(1)(a) If a person arrested for a domestic assault offense or sexual assault offense is released from custody prior to the expiration of the no-contact period, the person shall be advised of the restrictions of the no-contact period and the penalties under section 26-206 for viol…
Neb. Rev. Stat. § 26-206 No-contact period; violations; penalties; exception.
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(1) Except as provided in subsection (2) of this section, a person who knowingly violates section 26-202 shall be guilty of an offense and punished as follows: (a) For a first violation of such section, such person shall be guilty of a Class I misdemeanor; and (b) For a second or…
Neb. Rev. Stat. § 26-207 No-contact period; violation; arrest, when.
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A law enforcement officer shall, with or without a warrant, arrest a person if the officer has probable cause to believe that the person has committed a violation of section 26-202.