Ex Parte Orders in Nebraska: Filing, Requirements, and Penalties

An ex parte order in Nebraska is a court order a judge can issue without first notifying the person it targets, used when waiting for a full hearing would leave someone in immediate danger. Nebraska allows them in two settings: protection orders under the Protection Order Act (Chapter 26 of the Nebraska Revised Statutes, recodified in 2025 from the old Chapter 42 provisions), and temporary orders in pending divorce or legal separation cases under Section 42-357. The protection order route is by far the more common, and it is what most people mean when they ask about ex parte orders.

The Three Types of Protection Orders

Nebraska recognizes three categories, and which one you file depends on your relationship to the other person and what they did.

Domestic abuse protection orders cover abuse by a family member, household member, or current or former dating partner. This includes physical violence, credible threats of bodily injury, and sexual contact without consent.
Harassment protection orders cover intentional following, stalking, detaining, or a pattern of threatening or intimidating conduct that serves no legitimate purpose. No specific relationship is required.
Sexual assault protection orders cover sexual contact or attempted sexual contact without consent, regardless of relationship.

Any of the three can be issued ex parte, but the standard differs. For domestic abuse orders, the court must find the petitioner faces immediate danger of abuse. For harassment and sexual assault orders, the court must find that irreparable harm will result before the matter can be heard on notice.¹

What Counts as Domestic Abuse

Nebraska’s definition covers three types of conduct between family or household members: attempting to cause or intentionally causing bodily injury (with or without a weapon), placing someone in fear of bodily injury through a credible threat, and sexual contact or penetration without consent.²

The credible threat definition is broader than most people expect. It includes verbal threats, written threats, threats sent through electronic devices, and threats implied by a pattern of conduct. The person making the threat does not need to have actually intended to carry it out, and even someone currently incarcerated can make a credible threat.²

“Family or household members” is also broad: current and former spouses, people who live or have lived together, people who share a child regardless of whether they ever married or cohabited, blood relatives, in-laws, and current or former dating partners. Casual relationships and ordinary social or business acquaintances do not qualify as dating relationships.²

How to File

You file a petition and a sworn affidavit in district court. The petition has to describe the events constituting the alleged abuse, including dates or approximate dates, and should focus on the most recent and most serious incidents.³

For the court to grant the order without notifying the respondent first, the specific facts in your affidavit must make it reasonably appear that you will be in immediate danger of abuse before the matter could be set for a regular hearing.¹ The threshold is reasonable appearance of immediate danger, not clear and convincing evidence. Even so, vague statements rarely work. Judges want concrete details: specific incidents, dates, escalating behavior, direct quotes of threats where you have them.

There is no filing fee, and you do not need a lawyer. A judge can issue the order the same day the petition is reviewed. The order does not take effect until a sheriff or deputy serves the respondent with a copy along with the paperwork you filed.⁴

What the Order Can Require

The court issues the order without requiring a bond from the petitioner and can grant any combination of the following:

No contact, including phone or other communication, and no threatening, assaulting, or disturbing the peace of the petitioner.
Removal of the respondent from the petitioner’s residence, regardless of who owns it.
Orders to stay away from locations the court designates.
Temporary custody of minor children for up to 90 days, with the order specifying the number of days.
Prohibition on possessing or purchasing firearms.
Sole possession of household pets, with the respondent barred from contacting, harming, or killing them.

The statute also gives the court a catch-all: any other relief it considers necessary for the safety and welfare of the petitioner and designated family or household members.³

The Ten-Business-Day Window

An ex parte order is temporary on paper. Whether it stays that way depends on what the respondent does after service.

When served, the respondent receives a form to request a show cause hearing. The respondent has ten business days from the date of service to sign the form, provide a current address and phone number, and return it to the clerk of the district court. If the respondent requests a hearing, the court schedules it within 30 days of receiving the request. The petitioner or the court itself can also request a hearing.¹

At the hearing, each side can testify and explain why the order should or should not remain in effect. The judge can sign a final order, dismiss the order, or take the matter under advisement.⁵ If the respondent shows cause why the order should not remain, the court rescinds it.¹

Here is what catches respondents off guard. If the respondent does not request a hearing within ten business days, the temporary ex parte order automatically becomes the final protection order. The same result follows if the respondent is properly served with hearing notice but fails to appear, or appears but fails to persuade the court. In all three scenarios, the ex parte order stands as the final order.¹ Ignoring the paperwork does not make it go away.

A final domestic abuse or sexual assault protection order lasts one year and can be renewed annually by filing a petition and affidavit explaining why renewal is needed.⁴

Penalties for Violating the Order

A first-time knowing violation of a protection order under the Protection Order Act is a Class II misdemeanor: up to six months in jail, a fine up to $1,000, or both. A second or subsequent violation is a Class I misdemeanor, raising the ceiling to one year in jail, a fine up to $1,000, or both.⁶⁷

Police do not need to witness the violation. A peace officer with probable cause to believe someone knowingly violated a protection order must arrest that person without a warrant, as long as the officer has a copy of the order or has verified its existence.⁶ A single text or phone call to the petitioner can trigger arrest if a no-contact provision is in place.

Ex Parte Orders in Divorce Cases

Under Section 42-357, once a divorce or legal separation complaint is filed, either party can ask the court for emergency orders through an application and supporting affidavit. These are not protection orders and cover three areas:

Restraining either party from transferring, hiding, or disposing of marital property outside the ordinary course of business or necessities of life.
Prohibiting either party from molesting or disturbing the peace of the other party or any minor children.
Determining temporary custody of minor children. A no-molestation order regarding a child cannot issue unless the requesting party also receives temporary custody of that child.

Asset-protection and temporary-custody orders under this statute expire after ten days or at the first hearing, whichever comes first, much shorter than orders under the Protection Order Act. Violating a restraining order that excludes a party from the other’s premises is a Class II misdemeanor.⁸

Custody and Firearm Consequences

An ex parte protection order can reshape custody and living arrangements immediately. Temporary custody under a domestic abuse order can run up to 90 days.³ If the respondent is also excluded from the home, the change in living arrangements is same-day.

A protection order does not permanently resolve custody, but it creates a record. Courts deciding permanent custody consider the child’s best interests, and a history of domestic abuse is a significant factor. A respondent subject to a protection order will need to address that history in any later custody case.

The firearm restriction that can accompany a domestic abuse protection order also has federal implications. Under federal law, a person subject to a qualifying domestic violence protection order is generally prohibited from possessing firearms, which can carry consequences beyond the state-level restrictions in the Nebraska order.

1
Nebraska Legislature. Nebraska Code 26-109 – Ex Parte Protection Order; Duration; Notice Requirements
2
Nebraska Legislature. Nebraska Code 42-903 – Domestic Abuse; Terms, Defined
3
Nebraska Legislature. Nebraska Code 26-103 – Domestic Abuse Protection Order; Petition, Contents; Relief Granted
4
Nebraska Judicial Branch. Filing for a Protection Order – Frequently Asked Questions
5
Nebraska Judicial Branch. How to Prepare for a Protection Order Hearing – Frequently Asked Questions
6
Nebraska Legislature. Nebraska Code 26-119 – Protection Order; Restraining Order; Violation; Arrest, When
7
Nebraska Legislature. Nebraska Code 28-106 – Misdemeanors; Classification; Penalties
8
Nebraska Legislature. Nebraska Code 42-357 – Temporary and Ex Parte Orders; Violation; Penalty