Courts play a crucial role in resolving disputes, from civil lawsuits to criminal charges. However, they also serve as a means of protection for individuals facing threats or harassment.
Under Nebraska law, there are two primary types:
- Domestic Protection Orders
- Harassment Protection Orders
This functions like an injunction, legally restricting an individual’s actions. A violation can result in severe penalties under Nebraska law.
Domestic Violence Protection Order (Neb. Rev. Stat. 42-924)
This order safeguards the petitioner by legally restricting the respondent (the alleged abuser) from:
- Threatening, assaulting, or attacking the petitioner
- Disturbing the petitioner’s peace
- Communicating via phone, email, or other means
- Entering or remaining at the petitioner’s residence (even if they own it)
- Approaching any other locations specified by the court
Temporary Custody and Enforcement
If children are involved, the court may grant the petitioner temporary custody of minor children for up to 90 days. This remains in effect for one year unless withdrawn by a court order.
Penalties for Violating a Domestic Violence Protection Order
Anyone who knowingly violates a domestic violence protection order may face:
- Up to six months in jail and a $1,000 fine for a first offense
- Up to one year in jail and a $1,000 fine for a second offense
- A felony charge, up to five years in prison, and a $1,000 fine for repeated violations against the same petitioner
The respondent has the right to due process and may challenge this in a court hearing.
Harassment Protection Order (Neb. Rev. Stat. 28-311.09)
This provides legal protection for individuals facing harassment, even if there is no domestic relationship between the parties.
Filing for a Harassment Protection Order
A person seeking a harassment protection order must:
- File a petition and affidavit with the court
- Provide details, dates, and an explanation of the alleged harassment
The judge can issue an order preventing the respondent from:
- Threatening, assaulting, or attacking the petitioner
- Disturbing the petitioner’s peace
- Communicating via phone, email, or other means
This also remains in effect for one year unless modified by a court.
Challenging a Harassment Protection Order
The respondent has the right to challenge the allegations in court. If the judge grants the order, it will remain in effect for one year and cannot be withdrawn without a court ruling.
If the petition was filed in bad faith with false information, the court may impose fees and penalties on the petitioner. However, the court also has the authority to require the respondent to cover associated legal costs.
Penalties for Violation
Anyone who knowingly violates a harassment protection order may face:
- Up to six months in jail
- A $1,000 fine
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The Importance of Protection Orders in Nebraska
Whether for domestic violence or harassment, a protection order serves as a legal safeguard for victims. However, both petitioners and respondents should understand their rights and legal obligations to ensure fair enforcement.
If you need assistance, consulting an experienced attorney can help protect your rights.
