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Filing a Protection Order in Nebraska

What is a Protection Order in Nebraska?

A Protection Order is an order from a judge to protect people from abuse, sexual assault, or harassment. The specific Protection Order that needs to be filed in your case depends on the facts and circumstances of your case. There are three distinct types of Protection Orders in the State of Nebraska: Domestic Abuse Protection Orders, Harassment Orders, and Sexual Assault Protection Orders.

Domestic Abuse Protection Order:

These types of protection orders are only for people in close relationships (e.g., relatives, spouses or former spouses, people who have lived or are living together). Domestic abuse protection orders are granted by a judge 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.

Harassment Protection Order:

Harassment Protection Orders are not dependent on a relationship. For the granting of a Harassment Protection Order you must submit a telephone number or personal contact that seriously terrified, threatened, or intimidated you.  Three or more instances of this type of harassment must typically be alleged to obtain a protection order.   Additionally, ongoing contact, or potential contact, must be alleged to obtain a Harassment Protection Order.

Sexual Assault Protection Order:

Sexual Assault Protection Orders order are not dependent on a relationship. They are granted because someone subjected or attempted to subject the other person to sexual contact or sexual penetration without consent.

Protection Orders In General:

Protection orders are not in effect until a sheriff or deputy gives a copy of it to the person you are requesting protection from. That person will be given a copy of all the papers that you have filled out. You may request a confidential address if you are afraid to reveal it. The restrained person can ask the judge in writing for a hearing so that both sides can tell the judge their side of the story. If you do not appear at this hearing, the judge will likely dismiss the protection order.

The Nebraska Supreme Court maintains a website with frequently asked questions, here. The Nebraska Supreme Court also urges anyone planning to handle their own case to consider talking to a lawyer. If you have questions on Protection Orders, or just want to speak with the attorneys at Berkshire & Burmeister, please contact us today!

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