Types of Abuse
- Emotional abuse: Behavior that is intended to adversely affect the mental well being of another.
- Physical abuse: Contact that is intended to cause physical pain, injury, harm, or suffering.
- Sexual abuse: The use of force that compels someone to engage in sexual activities against their will.
- Economic abuse: Behavior that causes one to be financially dependent, by maintaining total control over the person’s financial resources.
- Financial control: Many times an abuser will use finances to control an abusive environment and/or the victim. An abuser can control the victim by: withholding access to bank accounts and credit cards, preventing the victim from seeking employment, withholding resources such as food, clothing, and shelter, and/or exploiting the victims financial resources.
- Joint debt: Joint debts are debts that you share with another person. Joint accounts are accounts that allow you and that other person full access to the account.
Protection Orders
Nebraska has three different types of protection orders:
- Domestic violence - which applies to members of a family and/or household, or dating, romantic, or sexual partners
- Harassment - to protect individuals from being stalked, followed, detained, or harassed
- Sexual assault
What is a domestic abuse protection order?
Domestic violence survivors may be eligible for a domestic abuse protection order if domestic abuse occurs. For the purposes of protection orders, domestic abuse is a narrowly defined legal term.
Nebraska law defines domestic abuse as abuse between family or household members. Abuse can occur with or without a weapon or other dangerous instrument. Abuse includes:
- Attempting to cause bodily injury
- Intentionally and knowingly causing bodily injury
- Using credible threats to place another person in fear of bodily injury
- Sexual contact or penetration without consent
Domestic abuse protection orders offer a variety of protections to victims and survivors of domestic abuse, including but not limited to:
- The court ordering that the respondent not harm or threaten to harm the petitioner
- The court ordering that the respondent not have or buy a firearm
- The court ordering that the respondent not contact the petitioner
- The court ordering that the respondent stay away from the petitioner’s home, workplace, children’s school, or other places specified
- The court granting the petitioner custody of children in common for a period of time (no more than 90 days)
- The court granting the petitioner the right to possession of household pets
- Orders granting other protections necessary to protect the petitioner from further domestic abuse by the respondent
How do I file for a protection order?
An advocate at the domestic and sexual violence advocacy agency or a Victim/Witness Advocate serving your area may be able to provide you with the forms to file for a domestic abuse protection order. Forms and instructions are also available from the District Court Clerk’s offices and on the Nebraska Supreme Court Online Legal Self-Help Center, which provides informational guides and packets of forms for you to complete here: https://supremecourt.nebraska.gov/sites/default/files/DC-19-70.pdf
Domestic abuse protection order petitions are filed in the District Court. The contact information for each Nebraska Clerk of the District Court is available at the following website: https://supremecourt.nebraska.gov/directories/district-court-contacts
When a Petitioner files for a Protection Order, the judge has authority to grant the order for an initial period of at least one year and no more than two years. A protection order can also be renewed for one year at a time.
What forms do I need to file for a protection order?
There are three forms required to file for a domestic abuse protection order:
- Petition and Affidavit to Obtain Domestic Abuse Protection Order: The Petition and Affidavit is the most important form, the request to the court for the Domestic Abuse Protection Order
- Praecipe: a form instructing the Clerk of the District Court to have your Petition and Affidavit served on the respondent
- Social Security Information Form: a confidential form for identification information
What information do I need to file a protection order?
The domestic abuse protection order forms require you to supply such identifying information as:
- Your name, address, and social security number
- The respondent’s name, age, birth date, gender, social security number, address, and place of employment
- A physical description of the respondent
- The name, age, birthdate, gender, social security number, and address of any children the petitioner and respondent have in common
You can still file the forms even if you do not have all of the above information, but you should try to be as thorough as possible.
The Petition and Affidavit also requires you to include:
- A list of past or current court cases involving the petitioner and the respondent, including any present or prior protection orders, and divorce, custody, or other matters.
- The dates or approximate dates (month, day, year) and the facts of the most recent and the most severe incident(s) of domestic abuse
Is there a cost to file for a protection order?
No, there is no cost to file a protection order unless the court finds your statements in the filing are false and/or you obtained or attempted to obtain the protection order in bad faith.
What is a harassment protection order?
Harassment Protection Orders are meant to protect individuals from being intentionally followed, detained, stalked, or harassed. Any victim of harassment may file for a harassment protection order.
Nebraska law defines harassment as:
- A pattern of conduct;
- Directed at a specific person;
- That terrifies, threatens or intimidates the person; and
- That does not serve a legitimate purpose
In entering a harassment protection order, the court can order the respondent to:
- Not harm or threaten to harm the person(s) seeking protection
- Not harass, threaten, assault, molest, attack, or otherwise disturb the peace of the person(s) seeking protection
- Not telephone, contact, or otherwise communicate with the person(s) seeking protection
What forms do I need to file for a harassment protection order?
An advocate at the domestic and sexual violence advocacy agency or a Victim/Witness Advocate serving your area may be able to provide you with the forms to file for a harassment protection order. Forms and instructions are also available from the District Court Clerk’s offices and on the Nebraska Supreme Court Online Legal Self-Help Center, which has a dedicated webpage regarding harassment protection orders: https://supremecourt.nebraska.gov/sites/default/files/DC-19-71.pdf
Harassment protection order petitions are filed in the District Court. The contact information for each Nebraska Clerk of the District Court is available at the following website: https://supremecourt.nebraska.gov/directories/district-court-contacts
What is a sexual assault protection order?
Sexual assault protection orders are meant to protect individuals who are victims and survivors of sexual assault. Any victim of sexual assault may file for a sexual assault protection order.
Sexual assault includes:
- Subjecting or attempting to subject a person to sexual contact or sexual penetration without consent
- Any conduct as defined by the criminal offenses of:
- Sexual assault, first and second degree
- Sexual abuse by a school employee
- Sexual assault of a child
- Attempt of the above offenses
What forms do I need to file for a sexual assault protection order?
An advocate at the domestic and sexual violence advocacy agency or a Victim/Witness Advocate serving your area may be able to provide you with the forms to file for a sexual assault protection order. Forms and instruction packets are also available from the District Court Clerk’s offices and on the Nebraska Supreme Court Online Legal Self-Help Center, which provides informational guides and forms here: https://supremecourt.nebraska.gov/sites/default/files/DC-19-72.pdf
Sexual assault protection order petitions are filed in the District Court. The contact information for each Nebraska Clerk of the District Court is available at the following website: https://supremecourt.nebraska.gov/directories/district-court-contacts
