Physical violence often starts with harassment and veiled threats. In Nebraska, victims of harassing or threatening behavior can get a restraining order from a judge. This prevents a person from engaging in threatening acts against the victim. Nebraska has two types of restraining orders for personal protection: domestic abuse protection orders and harassment protection orders. A victim should first determine which law applies to her situation and how to request an order. She can then seek to stop the threatening behavior by petitioning a Nebraska court for a restraining order.
Determine whether a domestic abuse protection order applies to your situation. You qualify for a restraining order based on domestic abuse, if you are a current or former spouse or child of the abuser (see References 1). You also qualify if you currently or previously lived with or have children with the abuser. Any present or past dating relationship with the abuser also qualifies you for a domestic abuse order. If the abuser is related to you by blood or marriage, choose the domestic abuse protection order. Choose the harassment protection order if you have not had any of these relationships with the abuser.
Visit the Nebraska Judicial Branch self-help page on protection orders (see References 2). Both types of Nebraska protection orders require a praecipe, a request to the judge to order the sheriff to serve notice of the protective order on the abuser (see References 3). Fill out and print the praecipe, along with a "Social Security Information Form" for both types of orders (see Resources). This is a confidential form with personal information.
Fill out the petition and affidavit for the protection order that applies to your case (see Resources). Domestic abuse protection orders and harassment protection orders require different petitions. Include personal information on any children to be protected by the domestic abuse petition. Ensure that you include all instances of phone, mail and in-person harassment and threats. Include specific dates and as much detail as possible.
Deliver the documents to the Nebraska District Court in your county. The court clerk will give the documents to the judge. Follow the court clerk's instructions to appear before the judge. Answer all of the judge's questions and ask for a temporary order. The judge may issue an ex parte order, which is a temporary order valid until a hearing can take place (see References 1). If the judge schedules a hearing, be sure to show up. Bring any witnesses who can corroborate your stories of threatening behavior. Ask for a permanent order to keep the order in effect after the hearing.