top of page
seal.jpg
Home.png

Please click the below link and review the Supreme Court website's protection order information
BEFORE selecting your appropriate protection order type:

Please use this flowchart to best help you decide which protection order type you need. Remember, Clerk of District Court staff cannot help you decide which type is best for your situation.
 

Now that you have selected your appropriate protection order type, please click the below link for complete instructions and forms:


 

DO NOT SIGN your Petition and Affidavit to Obtain Protection Order until you are
filing your paperwork at our office or in front of a notary!



 

The Judge will review your protection order petition and do one of three things:

1. Allow/Grant your protection order ex-parte.

2. Deny your protection order petition.

3. Set a hearing called an Order to Show Cause that you must appear at and give testimony about why you are requesting a protection order. 

Please review our FAQ section for more information on the procedure and process of obtaining a protection order.

I've been served with a protection order - what can I do?
Please click the below link for general information regarding how to respond to a protection order. Contact an attorney for legal advice and more complete information.


 

I want to dismiss a Protection Order I filed (Petitoner's use only).
Please complete the below form and return to our office. A hearing will be set on your motion by the presiding judge.
Your protection order will remain in place until otherwise ordered by the presiding judge.


 

Filing for a Protection Order: Frequently Asked Questions

This information is taken directly from the Nebraska Supreme Court website.

 

What is a protection order?

An order from a judge to protect people from abuse, sexual assault, or harassment.

What does a protection order cost?

There are no costs unless a judge decides that you lied or asked for the protection order for inappropriate reasons.

What types of protection orders are there?

A Domestic Abuse Protection Order is for people who have been in close relationships (relatives, spouses or former spouses, people who have lived or are living together, etc). It is granted because someone attempted, threatened, caused bodily injury, or intimidated the other person by credible threat, or engaged in sexual contact or sexual penetration without consent.

The second type of protection order is a Harassment Protection Order. It does not depend upon relationships, but requires a number of telephone or personal contacts that seriously terrify, threaten, or intimidate the victim and serve no legitimate purpose.

The third type of protection order is a Sexual Assault Protection Order. It does not depend upon relationships and is granted because someone subjected or attempted to subject the other person to sexual contact or sexual penetration without consent.

Note: None of these types of protection orders are for the purpose of protecting property.

How do I get the forms for a protection order?

You may speak with the Clerk of the District Court staff or go online here. You can also access a guide to filling out the forms here.  For additional assistance please contact the local domestic violence or victim witness program in your area.

What do I do with the forms?

Complete the forms and give them to the district court clerk. The clerk cannot give you legal advice, if you need additional assistance please see “The Protection Order Form Guide”. Once the forms are completed the clerk gives the forms to the judge.

What happens after the judge signs the protection order?

The order is not in effect until a sheriff or deputy gives a copy of it to the person from whom you are requesting protection. That person will be given a copy of all of the papers that you have filled out. However, you may request a confidential address if you are afraid to reveal it. The restrained person can ask the judge in writing for a hearing so that both sides can tell the judge their side of the story. You must appear for this hearing. If you do not appear, the judge will likely dismiss the protection order. If the judge sets a hearing, the clerk will let you know the time and date. It is important that the clerk know how to get in touch with you. Domestic abuse prevention agencies or Victim Witness agencies can help you plan to remain safe while making sure that the clerk can find you. Please contact your local program if you need assistance with this.

How long does a protection order last?

An “ex parte” protection order lasts until you go to court. At court, the judge decides if the protection order will be canceled or continued for one year. If the other party never asks for a hearing, then the protection order remains in effect for a year. A Sexual Assault or Domestic Abuse Protection Order may be renewed for 1 year, and yearly thereafter. The petitioner will need to file the Petition and Affidavit to Renew that states the reason(s) the renewal is being requested.

Can I request a hearing?

If you requested a domestic abuse protection order and the ex parte was granted, you, as the petitioner, can request a hearing.  If you wish to have a hearing, please contact the clerk of the district court in the county where you filed your petition. If your order does not prevent the restrained person from owning or buying a firearm, and you would like for a federal law to prohibit this person from owning or buying a gun, a hearing is required.  If this is not the case, you are NOT required to request a hearing.

Do I need to bring anything to court?

No, it is not required, but you should bring any proof of abuse or harassment with you, such as

  • Photographs of injuries (and if possible the person who took the photographs).

  • Threatening notes, email, phone messages. NOTE: information from a cell phone or other device should be printed, as it may need to remain on file with the court.

  • A witness who saw or overheard the abuse, even though in some courts only the parties are allowed to testify.

It may be helpful to have someone from a local domestic abuse or victim witness program come with you for support, although that person cannot act as your lawyer, unless licensed as such. Although not required, you may also benefit by hiring a lawyer.

What do I do after the court hearing?

If you are given a protection order, you should carry a copy of the order with you at all times. This protection order is good in every state, so take it with you if you travel or move to another state.

What if the protection order is not obeyed?

If the person violates the protection order, call the police. Per state law, this person will be arrested and jailed for the violation.

What if I move out of the county where the protection order was issued?

Contact law enforcement in your new place of residence and advise them that you have an order.

What should I do if I feel that I need immediate help?

Depending on how threatened you feel, contact your local domestic violence program and/or victim witness program or dial 911 for an emergency. You may also contact local law enforcement:

Cheyenne County Sheriff: (308) 254-2922

Sidney Police Department: (308) 254-5515

Other facts:

  • You can get a protection order even if you are not a U.S. citizen.

  • You are free to change your mind and ask the court to dismiss the protection order. However, the judge decides whether it will be dismissed to make sure that you were not forced to change your mind. Until the judge dismisses the order, it is still valid.

  • If you do not speak English, ask for a court interpreter before any hearing. You may wish to bring an adult who is bilingual to assist with interpretation outside of the hearing. The court can supply an interpreter only for hearings, not to help you fill out the forms.

  • You are not required to have a lawyer but having one may be a good idea, especially if you have children and you expect the other party to seek custody. If the other party has a lawyer and you do not, you may be at a disadvantage.

bottom of page