Domestic Violence and Protection Orders
Domestic abuse affects every part of a family law case, from where the children live to how the case itself is handled. Our priority is helping people and children who need protection: getting protection orders in place, keeping children safe, and making sure the history of abuse is taken seriously in a divorce or custody case. We also know that protection orders are sometimes misused as leverage in a custody dispute. When a parent is facing a petition that is unfounded, they deserve a careful, prepared advocate too.
Types of Protection Orders in Nebraska
- Domestic abuse protection orders, for abuse by a family or household member, which includes current and former spouses, people who live or have lived together, people who share a child, relatives, and current or former dating partners.
- Harassment protection orders, for a pattern of conduct that seriously terrifies, threatens, or intimidates, regardless of the relationship.
- Sexual assault protection orders, for victims of sexual assault offenses.
What a Domestic Abuse Protection Order Can Do
Depending on the circumstances, the court can order the respondent to have no contact with the petitioner, to stay away from specified places, and to leave a shared residence. It can also award the petitioner temporary custody of minor children for a limited period, prohibit the respondent from possessing firearms, and address household pets.
How the Process Works
- The petitioner files a petition and sworn affidavit describing the abuse. There is generally no filing fee for these petitions.
- If the facts show the petitioner is in immediate danger, the court may issue a temporary order right away, without a hearing (an “ex parte” order).
- The respondent is served and has a short deadline, ten business days, to request a hearing to contest the order.
- After a hearing, or if no hearing is requested, the order can become final. Under changes that took effect in 2025, a protection order may now last from one to two years, and it can be renewed.
Violating a protection order is a crime.
Protection Orders and Custody
Under the Nebraska Parenting Act, credible evidence of abuse weighs heavily in custody decisions. Courts can limit parenting time, require supervised visits or safe exchanges, and use specialized procedures in place of traditional mediation. A protection order, and the evidence presented to obtain or contest it, can shape a later divorce or custody case.
If You Have Been Served With a Protection Order
Take it seriously and act quickly. The deadline to request a hearing is short. A final order can affect your custody case, your right to possess firearms, your housing, and sometimes your job. Follow the order exactly, even if the other person contacts you. If criminal charges have also been filed, you will need criminal defense counsel as well, and we can coordinate with your defense attorney on the family law side.
Frequently Asked Questions
Is a protection order the same as a restraining order in a divorce?
No. A protection order is a separate proceeding. A divorce court can also enter restraining orders, and orders excluding a spouse from the home, as part of the divorce case. We can help you decide which approach, or which combination, fits your situation.
Can a protection order be dismissed or changed?
Yes. A court can dismiss or modify an order, but only a judge can do it. The parties cannot change an order by agreement between themselves.
