Domestic Violence Protection Order - Nebraska

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Statutory recodification effective September 3, 2025. Nebraska moved its
protection-order procedure out of Chapter 42 and into a new Protection Orders
Act, Neb. Rev. Stat. §§ 26-101 to 26-125 (2025 Neb. Laws, LB 80). Former
§ 42-924 (domestic abuse protection order; relief) is now § 26-103; the term,
renewal, service, penalty, and arrest provisions are at §§ 26-110, 26-111, 26-114,
26-118, and 26-119. The definitions of "abuse" and "family or household member"
remain in Chapter 42 at § 42-903 (incorporated by § 26-102).

Nebraska requires the use of official court form DC 19:8 (Petition and Affidavit for
Domestic Abuse Protection Order) for domestic violence protection order petitions. This
template provides the substantive legal content to help you prepare — but you must transfer
your content to the official form before filing. The official form is available at
https://nebraskajudicial.gov/self-help/protection-order-information/domestic-abuse-protection-order.
Do not file this document directly with the court.

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

1. Parties
   1.1 Petitioner (Protected Party): [PETITIONER FULL LEGAL NAME], DOB ☐
   1.2 Respondent (Restrained Party): [RESPONDENT FULL LEGAL NAME], DOB ☐

2. Effective Date: Upon filing and entry by the Court on [DATE].

3. Governing Law & Venue: This Order is issued pursuant to the Protection Orders Act, Neb. Rev. Stat. §§ 26-101 et seq. The petition is filed with the clerk of the district court and may be heard by the county court or the district court as provided in Neb. Rev. Stat. §§ 26-106 and 25-2740, in [COUNTY] County, State of Nebraska. (Venue may be transferred under Neb. Rev. Stat. § 25-403.01.)
4. Nature of Proceeding: Civil action for protection from domestic abuse.

5. Record of Hearing
   • Ex parte hearing held: ☐ Yes ☐ No — Date: [___]
   • Evidentiary hearing held: ☐ Yes ☐ No — Date: [___]

6. Appearances
   • Petitioner: [___] In person ☐ By counsel [COUNSEL NAME]
   • Respondent: [___] In person ☐ By counsel [COUNSEL NAME]

II. DEFINITIONS

For purposes of this Order:
“Abuse” means the occurrence of one or more of the acts between family or household members described in Neb. Rev. Stat. § 42-903(1) — attempting to cause or intentionally and knowingly causing bodily injury; placing another in fear of bodily injury by credible threat; or engaging in sexual contact or sexual penetration without consent (§ 28-318). (The Protection Orders Act incorporates this definition at § 26-102.)
“Family or Household Member” has the meaning set forth in Neb. Rev. Stat. § 42-903(3).
“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,” for purposes of state protection-order relief, has the meaning set forth in Neb. Rev. Stat. § 28-1201; for purposes of the federal prohibition it 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

1. The Court has subject-matter jurisdiction over this domestic abuse protection order proceeding under Neb. Rev. Stat. §§ 26-103 and 26-106 (heard by the county or district court per § 25-2740).

2. Personal jurisdiction over Respondent is proper based on:
   a. Residence within Nebraska; or
   b. Commission of abusive acts within Nebraska affecting the Petitioner.

3. Credible evidence demonstrates the Respondent:
   a. Has committed domestic abuse (as defined in § 42-903(1)) against the Petitioner; and
   b. Presents a threat of further harm absent judicial intervention.

4. Issuance of this Order is necessary for the prevention of further abuse.

IV. OPERATIVE PROVISIONS (PROTECTIVE RELIEF GRANTED)

Relief is granted pursuant to Neb. Rev. Stat. § 26-103(2).

4.1 No-Contact Directive
Respondent SHALL NOT telephone, contact, or otherwise communicate with the Protected Persons, directly or indirectly, by any means. (§ 26-103(2)(c).)

4.2 Stay-Away Provision
Respondent SHALL stay away from any place specified by the Court, including maintaining a minimum distance of [100 / 300] yards from any Covered Location. (§ 26-103(2)(e).)

4.3 Residential Exclusion
Respondent is ORDERED to vacate and is excluded from [STREET ADDRESS] — the residence of the Petitioner, regardless of ownership — for the duration of this Order. (§ 26-103(2)(d).) Law enforcement is authorized to supervise retrieval of personal belongings at a mutually arranged time.

4.4 Temporary Custody & Parenting Time
The Court awards the Petitioner temporary custody of the minor child(ren) for a period not to exceed ninety (90) days, as follows: [describe arrangement or “Not Applicable”]. (§ 26-103(2)(f).)

4.5 Firearms & Ammunition
a. Discretionary state relief. Where the Court so orders as relief, Respondent is enjoined from possessing or purchasing a firearm (as defined in Neb. Rev. Stat. § 28-1201) while this Order remains in effect. (§ 26-103(2)(g).) Note: This firearm restriction is discretionary relief the Court may grant; Nebraska law does not automatically prohibit firearm possession by every protection-order respondent, and Nebraska imposes no statutory firearm-surrender requirement for protection orders.
b. Federal prohibition (independent of state relief). While this Order — issued after notice and a hearing — remains in effect and meets the criteria of 18 U.S.C. § 922(g)(8), it is a federal crime for Respondent to possess, receive, or transport any firearm or ammunition. Upon issuance of this Order, the Court shall serve on Respondent the notice created under Neb. Rev. Stat. § 29-2291, as required by Neb. Rev. Stat. § 26-115, advising Respondent of this federal prohibition.

4.6 Household Pets (if applicable)
The Court directs that the Petitioner have sole possession of any household pet, and enjoins Respondent from contacting, harming, or killing any such pet, for the duration of this Order. (§ 26-103(2)(h)-(i), (3).)

4.7 Other Relief
[Insert any additional relief deemed necessary for the safety and welfare of the Petitioner and any designated family or household member, per § 26-103(2)(j).]

V. SERVICE, NOTICE & RETURN OF PROCESS

1. Upon issuance, the clerk of the court shall forthwith provide, free of charge, two certified copies to the Petitioner and copies to the local police/law-enforcement agency and the sheriff, and shall transmit the Order with instructions for service to the sheriff of the county where Respondent may be personally served. (Neb. Rev. Stat. § 26-114(1).)
2. The sheriff shall forthwith serve the Order on Respondent and file the return with the issuing court within fourteen (14) days of issuance. (§ 26-114(1)(b).)
3. If Respondent was present at the hearing (§§ 26-108 or 26-109) at which a final Order was entered, Respondent is deemed to have notice of the Order, and further service is not required for purposes of prosecution under § 26-118. (§ 26-114(4).)

VI. ENFORCEMENT & PENALTIES FOR VIOLATION

1. This Order is enforceable by any Nebraska law-enforcement agency 24 hours a day.

2. KNOWING violation of this Order, after service or notice as described in § 26-114(4), is punishable under Neb. Rev. Stat. § 26-118(2):
   a. Class I misdemeanor for a first offense;
   b. Class IV felony for a second offense;
   c. Class IIIA felony for a third offense; and
   d. Class IIA felony for any fourth or subsequent offense.

3. Arrest for Violation. A peace officer shall, with or without a warrant, arrest a person upon probable cause to believe the person violated this Order, where the officer is provided a copy of the Order or confirms its existence with the local law-enforcement agency. (Neb. Rev. Stat. § 26-119.)

4. Federal Penalties. Possession of a firearm or ammunition in violation of § IV.5 while subject to a qualifying order is a federal felony under 18 U.S.C. § 922(g)(8).
5. Contempt. The Court retains jurisdiction to impose contempt sanctions, including incarceration and monetary fines.

VII. MODIFICATION, RENEWAL & TERMINATION

1. Either party may move the Court to modify or dismiss this Order. The Court may dismiss or modify the Order in its discretion (Neb. Rev. Stat. § 26-110(1)); the clerk shall distribute any order of dismissal or modification to law enforcement under § 26-114(2).
2. Term. This Order is effective for an initial period of at least one (1) year and no more than two (2) years, set at the Court’s discretion based on the evidence, unless dismissed or modified earlier. It expires at 11:59 p.m. on [EXPIRATION DATE] unless renewed. (Neb. Rev. Stat. § 26-110(1).)
3. Renewal. A petition and affidavit to renew may be filed within forty-five (45) days before expiration (including the expiration date). A renewed Order is effective for one year. (Neb. Rev. Stat. § 26-111.)

VIII. FULL FAITH & CREDIT; NCIC ENTRY

1. This Order is accorded full faith and credit in all United States jurisdictions pursuant to 18 U.S.C. § 2265. Nebraska recognizes and enforces valid foreign protection orders under Neb. Rev. Stat. § 26-123 and the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act (§ 42-932).
2. The clerk of the court shall forthwith distribute this Order to the appropriate law-enforcement agencies for entry into the NCIC Protection Order File. (Neb. Rev. Stat. § 26-114(1).)

IX. GENERAL PROVISIONS

1. Severability: If any provision of this Order is held invalid, the remainder shall remain in full force and effect.
2. Supersession: This Order supersedes any prior protection orders involving these parties unless expressly incorporated herein.
3. Conflict of Law: If any conflict exists between the Protection Orders Act and any other provision of law, the Protection Orders Act governs. (Neb. Rev. Stat. § 26-125.)

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: _________________________________

Sources and References

• Neb. Rev. Stat. §§ 26-101 to 26-125 (Protection Orders Act) — enacted by 2025 Neb. Laws, LB 80 (operative Sept. 3, 2025); recodified former §§ 42-924 to 42-931. Official: Nebraska Legislature — Chapter 26
• Neb. Rev. Stat. § 42-903 (definitions of "abuse" and "family or household member," retained in Chapter 42): https://nebraskalegislature.gov/laws/statutes.php?statute=42-903
• 18 U.S.C. § 2265 (full faith and credit); 18 U.S.C. § 922(g)(8) (federal firearm/ammunition prohibition for persons subject to a qualifying protection order).