DOMESTIC ABUSE PROTECTION ORDER
District Court of [COUNTY] County, State of Nebraska
Case No.: [____]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Findings of Fact & Jurisdiction
IV. Operative Provisions (Protective Relief Granted)
V. Service, Notice & Return of Process
VI. Enforcement & Penalties for Violation
VII. Modification, Renewal & Termination
VIII. Full Faith & Credit; NCIC Entry
IX. General Provisions
X. Execution Block
I. DOCUMENT HEADER
- Parties
1.1 Petitioner (Protected Party): [PETITIONER FULL LEGAL NAME], DOB [_]
1.2 Respondent (Restrained Party): [RESPONDENT FULL LEGAL NAME], DOB [___] - Effective Date: Upon filing and entry by the Court on [DATE].
- Governing Law & Venue: This Order is issued pursuant to Neb. Rev. Stat. §§ 42-901 et seq., with exclusive venue in the [COUNTY] County District Court, State of Nebraska.
- Nature of Proceeding: Civil action for protection from domestic abuse.
- Record of Hearing
• Ex parte hearing held: ☐ Yes ☐ No — Date: [_]
• Evidentiary hearing held: ☐ Yes ☐ No — Date: [___] - Appearances
• Petitioner: ☐ In person ☐ By counsel [COUNSEL NAME]
• Respondent: ☐ In person ☐ By counsel [COUNSEL NAME]
[// GUIDANCE: Modify ¶5–6 to reflect actual procedural history and appearances.]
II. DEFINITIONS
For purposes of this Order:
“Abuse” means any act described in Neb. Rev. Stat. § 42-903(1).
“Contact” includes in-person, telephonic, electronic, written, or indirect communication through third parties.
“Covered Locations” means Petitioner’s residence, place of employment, school, daycare, or any location where the Petitioner is temporarily present.
“Firearm” has the meaning set forth in 18 U.S.C. § 921(a)(3).
“Protected Persons” includes the Petitioner and the following household members: [NAME(S) & DOB(s)].
“Respondent” refers to the individual identified in § I.1.2 above.
III. FINDINGS OF FACT & JURISDICTION
- The Court has subject-matter jurisdiction under Neb. Rev. Stat. § 42-924(1).
- Personal jurisdiction over Respondent is proper based on:
a. Residence within Nebraska; or
b. Commission of abusive acts within Nebraska affecting the Petitioner. - Credible evidence demonstrates the Respondent:
a. Has committed domestic abuse against the Petitioner; and
b. Presents an imminent threat of further harm absent immediate judicial intervention. - Issuance of this Order is necessary for the prevention of further abuse and is the least restrictive means available.
IV. OPERATIVE PROVISIONS (PROTECTIVE RELIEF GRANTED)
4.1 No-Contact Directive
Respondent SHALL NOT contact the Protected Persons, directly or indirectly, by any means.
4.2 Stay-Away Provision
Respondent SHALL maintain a minimum distance of [100 / 300] yards from any Covered Location.
4.3 Residential Exclusion
Respondent is ORDERED to vacate [STREET ADDRESS] immediately and remain excluded for the duration of this Order. Law enforcement is authorized to supervise retrieval of personal belongings at a mutually arranged time.
4.4 Temporary Custody & Parenting Time
[Describe custody arrangement or “Not Applicable.”]
4.5 Firearms & Ammunition Surrender
a. Pursuant to Neb. Rev. Stat. § 42-924(1)(g) and 18 U.S.C. § 922(g)(8), Respondent is PROHIBITED from possessing, purchasing, or receiving firearms or ammunition while this Order remains in effect.
b. Respondent shall surrender all firearms and ammunition to [LAW ENFORCEMENT AGENCY] within [24] hours of service of this Order and file proof of compliance within [48] hours.
4.6 Prohibition on Destruction of Property
Respondent SHALL NOT damage or interfere with the property of any Protected Person.
4.7 Other Relief
[Insert any additional court-ordered relief—e.g., counseling, payment of temporary support, companion animal protections, etc.]
[// GUIDANCE: Tailor Sections 4.3–4.7 based on facts, hearing evidence, and statutory allowances.]
V. SERVICE, NOTICE & RETURN OF PROCESS
- Certified copies of this Order shall be served on the Respondent by the [SHERIFF / CONSTABLE] without delay pursuant to Neb. Rev. Stat. § 42-926.
- Personal service is required unless waived by Respondent in writing before the Court.
- The serving officer shall promptly file a Return of Service indicating date, time, and manner of service.
VI. ENFORCEMENT & PENALTIES FOR VIOLATION
- This Order is enforceable by any Nebraska law-enforcement agency 24 hours a day.
- KNOWING violation of this Order constitutes:
a. A Class I misdemeanor under Neb. Rev. Stat. § 42-924(4); and
b. Ground for arrest without warrant under Neb. Rev. Stat. § 42-928. - Federal Penalties: Possession of a firearm in violation of Section IV.5 is a felony under 18 U.S.C. § 922(g)(8).
- Civil Contempt: The Court retains jurisdiction to impose civil or criminal contempt sanctions, including incarceration and monetary fines.
VII. MODIFICATION, RENEWAL & TERMINATION
- Either party may move to modify or dissolve this Order upon [14-day] written notice pursuant to Neb. Rev. Stat. § 42-925(1).
- This Order shall expire at 11:59 p.m. on [EXPIRATION DATE—NOT TO EXCEED ONE YEAR], unless extended by further order of the Court.
- Renewal petitions must be filed no later than [30] days before expiration and may be granted upon a showing of continued need for protection.
VIII. FULL FAITH & CREDIT; NCIC ENTRY
- This Order is accorded full faith and credit in all United States jurisdictions pursuant to 18 U.S.C. § 2265 and Neb. Rev. Stat. § 42-931.
- The Clerk of the Court shall forward the Order to the Nebraska State Patrol for entry into the NCIC Protection Order File within [24] hours.
IX. GENERAL PROVISIONS
- Severability: If any provision of this Order is held invalid, the remainder shall remain in full force and effect.
- Supersession: This Order supersedes any prior protection orders involving these parties unless expressly incorporated herein.
- Recording Prohibited: No party may record court-mandated exchanges or events in violation of Nebraska privacy laws.
X. EXECUTION BLOCK
Entered this _ day of _, 20__.
[JUDGE NAME], Judge
District Court of [COUNTY] County, Nebraska
(SEAL)
ACKNOWLEDGMENT OF RESPONDENT
I, [RESPONDENT NAME], acknowledge receipt of this Domestic Abuse Protection Order and understand its terms and the penalties for violation.
Date: ___ Signature: _____
LAW ENFORCEMENT CERTIFICATION
Served by: [OFFICER NAME & BADGE NO.]
Agency: [_]
Date & Time of Service: __
Signature: ______
[// GUIDANCE:
1. Replace bracketed placeholders with case-specific information.
2. Consider attaching an “Information for Respondent” sheet explaining firearm prohibitions, transfer procedures, and penalties.
3. If children are involved, add parenting plan details consistent with Nebraska Parenting Act.
4. Always verify current statute numbers and local court rules before filing.
]