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How do I file a restraining order? Nebraska

Posted on : 06-21-2008 | By : askinglaw | In : Criminal Law, Other Legal Topics, Restraining Orders


How do I file a restraining order? I am in Nebraska and the person is in Missouri. Can I just go the courthouse and file it? Do I have to stand before a judge?

Answers (1)

I found this information on the Nebraska court website concerning protective orders. Pretty good information for your question:

What is a protection order?
An order from a judge to protect people from
abuse or harassment.
What does a protection order cost?
There are no costs unless a judge decides that
you lied or asked for the protection order for
inappropriate reasons.
What types of protection orders are
A Domestic Abuse Protection Order is for people
who have been in close relationships (relatives,
spouses or former spouses, people who have
lived or are living together). It is granted
because someone attempted, threatened,
caused bodily injury, or intimidated the other
person by physical menace.
The second type of protection order is a
Harassment Protection Order. It does not
depend upon relationships, but requires a
number of telephone or personal contacts that
seriously terrify, threaten, or intimidate the
victim and serve no legitimate purpose.
Note: Neither types of protection orders are
for the purpose of protecting property.
Can I get custody of my children?
If you qualify for a Domestic Abuse Protection
Order, you may get an order for custody, which
may last up to 90 days. Be sure to include
information which will tell the judge how your
children have been affected by the abuse.
Temporary child custody cannot be granted in a
Harassment Protection Order.
How do I get the forms for a protection
You need to talk to the district court clerk or
go online at
http://www.nebraskacourt.com/rules/forms/. There is
also a domestic abuse program you can call toll
free (1-800-876-6238) for help.
What do I do with the forms?
Complete the forms for the type of protection order
you want and give them to the district court clerk.
The clerk cannot give you legal advice. The clerk
gives the forms to the judge.
What does the judge do with the forms?
The judge may sign the protection order “ex parte”
which means without a prior hearing and before the
other party receives notice. If the judge grants the
order “ex parte”, the other party has 5 days to ask
for a hearing to come to court and tell the judge his
or her side. The judge may choose not to grant an
“ex parte” order and instead require the parties to
come to court before deciding whether to grant or
deny a protection order. The judge may also choose
to deny the protection order without a hearing if the
petition does not qualify for the requested order.
What happens after the judge signs the
protection order?
The order is not in effect until a sheriff or deputy
gives a copy of it to the person from whom you are
requesting protection. That person will be given a
copy of all of the papers that you have filled out.
However, 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.
You must appear for this hearing. If you do not
appear, the judge will likely dismiss the protection
order. If the judge sets a hearing, the clerk will let
you know the time and date. It is important that the
clerk know how to get in touch with you. Domestic
abuse prevention agencies can help you plan to
remain safe while making sure that the clerk can find
you. Call 1-800-876-6238 for help.
How long does a protection order last?
An “ex parte” protection order lasts until you go to
court. At court, the judge decides if the protection
order will be canceled or continued for one year. If
the other party never asks for a hearing, then the
protection order remains in effect for a year.
Do I need to bring anything to court?
No, it is not required, but you should bring
any proof of abuse or harassment with you,
such as
· Photographs of injuries (and if possible
the person who took the photographs).
· Threatening notes, email, phone
· A witness who saw or overheard the
abuse even though in some courts only
the parties are allowed to testify.
It may be helpful to have someone from a
local domestic abuse program come with you
for support, although that person cannot act
as your lawyer, unless licensed as such.
Although not required, you may also benefit
by hiring a lawyer.
What do I do after the court hearing?
If you are given a protection order, you
should carry a copy of the order with you at
all times. This protection order is good in
every state, so take it with you if you travel
or move to another state.
What if the protection order is not
If the person violates the protection order,
call the police. The person could be arrested
and jailed.
What if I move out of the county where
the protection order was issued?
Contact law enforcement in your new place
of residence and advise them that you have
an order.
What should I do if I feel that I need
immediate help?
Depending on how threatened you feel, dial
1-800-876-6238 (your local domestic abuse
agency) or 911 for an emergency.

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