Neb. Rev. Stat. § 26-101 Act, how cited.
26-101. Act, how cited.
Sections 26-101 to 26-125 shall be known and may be cited as the Protection Orders Act.
Laws 2025, LB80, § 1; Laws 2026, LB753, § 1. Effective Date: July 18, 2026
COURTS; PROTECTION ORDERS
Neb. Rev. Stat. ch. 26
in effectNeb. Rev. Stat. § 26-102 Terms, defined.
26-102. Terms, defined.
For purposes of the Protection Orders Act:
(1) Abuse has the same meaning as in section 42-903;
(2) Family or household members has the same meaning as in section 42-903;
(3) Harass has the same meaning as in section 28-311.02;
(4) Household pet means any animal maintained for companionship or pleasure but does not include any animal kept primarily for commercial purposes or for consumption or any livestock animal as defined in section 54-902;
(5) Law enforcement agency means the police department or town marshal in incorporated municipalities, the office of the sheriff in unincorporated areas, and the Nebraska State Patrol;
(6) Military protective order has the same meaning as in 32 C.F.R. 635.19, as such regulation existed on January 1, 2026; and
(7) Sexual assault offense means:
(a) Conduct amounting to sexual assault under section 28-319 or 28-320, sexual abuse by a school worker under section 28-316.01, sexual assault of a child under section 28-319.01 or 28-320.01, a violation of section 28-311.08, or an attempt to commit any of such offenses; or
(b) Subjecting or attempting to subject another person to sexual contact or sexual penetration without such person's consent, as such terms are defined in section 28-318.
Laws 2025, LB80, § 2; Laws 2025, LB150, § 46; Laws 2026, LB753, § 2; Laws 2026, LB935, § 9. Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB753, section 2, with LB935, section 9, to reflect all amendments. Note: Changes made by LB753 became effective July 18, 2026. Changes made by LB935 became operative July 18, 2026.
Neb. Rev. Stat. § 26-103 Domestic abuse protection order; petition, contents; relief granted.
26-103. Domestic abuse protection order; petition, contents; relief granted.
(1) Any victim of domestic abuse may file a petition and affidavit for a domestic abuse protection order as provided in this section. The petition shall state the events and dates or approximate dates of acts constituting the alleged domestic abuse, including the most recent and most severe incident or incidents.
(2) Upon the filing of such a petition and affidavit in support thereof, the court may issue a domestic abuse protection order, without bond, granting the following relief:
(a) Enjoining the respondent from imposing any restraint upon the petitioner or upon the liberty of the petitioner;
(b) Enjoining the respondent from threatening, assaulting, molesting, attacking, or otherwise disturbing the peace of the petitioner;
(c) Enjoining the respondent from telephoning, contacting, or otherwise communicating with the petitioner;
(d) Removing and excluding the respondent from the residence of the petitioner, regardless of the ownership of the residence;
(e) Ordering the respondent to stay away from any place specified by the court;
(f) Awarding the petitioner temporary custody of any minor children for a period not to exceed ninety days. If the order grants such temporary custody, the order shall specify the number of days of custody granted unless otherwise modified by the court;
(g) Enjoining the respondent from possessing or purchasing a firearm as defined in section 28-1201;
(h) Directing that the petitioner have sole possession of any household pet owned, possessed, leased, kept, or held by the petitioner, the respondent, or any family or household member residing in the household of the petitioner or respondent;
(i) Enjoining the respondent from coming into contact with, harming, or killing any household pet owned, possessed, leased, kept, or held by the petitioner, the respondent, or any family or household member of the petitioner or respondent; or
(j) Ordering such other relief deemed necessary to provide for the safety and welfare of the petitioner and any designated family or household member.
(3) If sole possession of a household pet is ordered by a court pursuant to subdivision (2)(h) of this section, such possession shall be for the duration of the domestic abuse protection order or until further order of the court. The grant of sole possession of a household pet under such subdivision is not intended to permanently determine ownership of such household pet. The petitioner shall not permanently transfer, sell, or dispose of a household pet placed in the petitioner's possession without prior court approval, except that court approval shall not be required in cases where humane euthanasia of a seriously ill or injured household pet is recommended by a licensed veterinarian.
Laws 1978, LB 623, § 24; Laws 1984, LB 276, § 3; Laws 1989, LB 330, § 7; Laws 1992, LB 1098, § 7; Laws 1993, LB 299, § 5; Laws 1997, LB 229, § 34; Laws 1998, LB 218, § 20; Laws 2002, LB 82, § 17; Laws 2012, LB310, § 3; Laws 2017, LB289, § 14; Laws 2019, LB532, § 3; Laws 2023, LB157, § 12; R.S.Supp.,2024, § 42-924; Laws 2025, LB80, § 3.
Neb. Rev. Stat. § 26-104 Harassment protection order; petition, contents; relief granted.
26-104. Harassment protection order; petition, contents; relief granted.
(1) Any victim who has been harassed may file a petition and affidavit for a harassment protection order as provided in this section. The petition shall state the events and dates or approximate dates of acts constituting the alleged harassment, including the most recent and most severe incident or incidents.
(2) Upon the filing of such a petition and affidavit, the court may issue a harassment protection order, without bond, enjoining the respondent from:
(a) Imposing any restraint upon the person or liberty of the petitioner;
(b) Harassing, threatening, assaulting, molesting, attacking, or otherwise disturbing the peace of the petitioner; or
(c) Telephoning, contacting, or otherwise communicating with the petitioner.
(3) The court may order such other relief as the court deems necessary to provide for the safety and welfare of the petitioner.
(4) This section does not apply to conduct which occurs during labor picketing.
Laws 2025, LB80, § 4.
Neb. Rev. Stat. § 26-105 Sexual assault protection order; petition, contents; relief granted.
26-105. Sexual assault protection order; petition, contents; relief granted.
(1) Any victim of a sexual assault offense may file a petition and affidavit for a sexual assault protection order as provided in this section. The petition shall state the events and dates or approximate dates of acts constituting the sexual assault offense, including the most recent and most severe incident or incidents.
(2) Upon the filing of such a petition and affidavit, the court may issue a sexual assault protection order, without bond, enjoining the respondent from:
(a) Imposing any restraint upon the person or liberty of the petitioner;
(b) Harassing, threatening, assaulting, molesting, attacking, or otherwise disturbing the peace of the petitioner; or
(c) Telephoning, contacting, or otherwise communicating with the petitioner.
(3) The court may order such other relief as the court deems necessary to provide for the safety and welfare of the petitioner.
Laws 2025, LB80, § 5.
Neb. Rev. Stat. § 26-106 Petition; filing; proceeding; withdrawal, court order required.
26-106. Petition; filing; proceeding; withdrawal, court order required.
(1) A petition for a protection order shall be filed with the clerk of the district court, and the proceeding may be heard by the county court or the district court as provided in section 25-2740.
(2) A petition for a protection order may not be withdrawn except upon order of the court.
Laws 2025, LB80, § 6.
Neb. Rev. Stat. § 26-107 Type of protection order.
26-107. Type of protection order.
A court may treat a petition for a domestic abuse, harassment, or sexual assault protection order as a petition for another of such types of protection order if it appears from the facts in the petition, affidavit, and evidence presented that such other type of protection order is more appropriate and if:
(1) The court makes specific findings that such other order is more appropriate; or
(2) The petitioner has requested the court to so treat the petition.
Laws 2025, LB80, § 7.
Neb. Rev. Stat. § 26-108 Hearing; notice to respondent.
26-108. Hearing; notice to respondent.
(1)(a) If a domestic abuse protection order or sexual assault protection order is not issued or renewed ex parte under section 26-109, the court shall immediately schedule an evidentiary hearing to be held within fourteen days after the filing of the petition, and the court shall cause notice of the application to be given to the respondent stating that the respondent may show cause why such order should not be entered.
(b) If a harassment protection order is not issued or renewed ex parte under section 26-109, the court may schedule an evidentiary hearing to be held within fourteen days after the filing of the petition, and in such case the court shall cause notice of the application to be given to the respondent stating that the respondent may show cause why such order should not be entered.
(2) Any notice provided to the respondent shall include notification that:
(a) A court may treat a petition for a domestic abuse, harassment, or sexual assault protection order as a petition for another of such types of order if it appears from the facts that such other protection order is more appropriate; and
(b) The respondent shall have an opportunity to show cause as to why such protection order should not be entered.
Laws 2025, LB80, § 8.
Neb. Rev. Stat. § 26-109 Ex parte protection order; duration; notice requirements.
26-109. Ex parte protection order; duration; notice requirements.
(1) A protection order may be issued or renewed ex parte to the respondent if it reasonably appears from the specific facts included in the affidavit that:
(a) For a domestic abuse protection order, the petitioner will be in immediate danger of abuse before the matter can be heard on notice; or
(b) For a harassment protection order or a sexual assault protection order, irreparable harm, loss, or damage will result before the matter can be heard on notice.
(2) For a harassment protection order, the court may decline to issue or renew a protection order ex parte to the respondent if the specific facts included in the affidavit (a) do not show that the petitioner will suffer irreparable harm, loss, or damage or (b) show that, for any compelling reason, an ex parte order should not be issued or renewed. If the court declines to issue or renew an ex parte harassment protection order, the court may dismiss the petition without prejudice or schedule an evidentiary hearing as provided in section 26-108.
(3) If a protection order is issued or renewed ex parte, such order is a temporary order and the court shall forthwith cause notice of the petition and order to be given to the respondent. The court shall also cause a form to request a show cause hearing to be served upon the respondent. If the respondent wishes to appear and show cause why the order should not remain in effect, he or she shall affix his or her current address, telephone number, and signature to the form and return it to the clerk of the district court within ten business days after service upon him or her.
(4) Upon receipt of a timely request for a show cause hearing or upon the request of the petitioner, the court shall immediately schedule a show cause hearing to be held within thirty days after receipt of such request and shall notify the petitioner and respondent of the hearing date. The court may also schedule such hearing on its own motion. If the respondent appears at the hearing and shows cause why such order should not remain in effect, the court shall rescind the temporary order.
(5) A temporary ex parte order shall be affirmed and deemed the final protection order and service of the temporary ex parte order shall be notice of the final protection order if the respondent has been properly served with the temporary ex parte order and:
(a) The respondent fails to request a show cause hearing within ten business days after service upon him or her and no hearing was requested by the petitioner or upon the court's own motion;
(b) The respondent has been properly served with notice of any show cause hearing and fails to appear at such hearing; or
(c) The respondent has been properly served with notice of any show cause hearing and the protection order was not dismissed at the hearing.
Laws 1978, LB 623, § 25; Laws 1989, LB 330, § 8; Laws 1998, LB 218, § 23; Laws 2008, LB1014, § 36; Laws 2012, LB310, § 4; Laws 2017, LB289, § 15; Laws 2019, LB532, § 5; R.S.Supp.,2024, § 42-925; Laws 2025, LB80, § 9.
Neb. Rev. Stat. § 26-110 Protection order; term; contents.
26-110. Protection order; term; contents.
(1) A protection order may be issued for an initial period of at least one year and no more than two years, unless dismissed or modified by the court. The length of the initial period shall be set at the court's discretion based upon the evidence presented. When issued, the protection order shall specify its effective initial period.
(2) Any protection order shall specify who is protected by the order and who is subject to restrictions under the order.
Laws 2025, LB80, § 10.
Neb. Rev. Stat. § 26-111 Renewal; procedure; term.
26-111. Renewal; procedure; term.
(1) A petitioner may file a petition and affidavit to renew a protection order. A petition for renewal may be filed ex parte as provided in section 26-109. Such petition and affidavit for renewal shall be filed any time within forty-five days before the expiration of the protection order, including the date the order expires.
(2) A protection order may be renewed on the basis of the petitioner's affidavit stating that there has been no material change in relevant circumstances since entry of the order and stating the reason for the requested renewal if:
(a) The petitioner seeks no modification of the order; and
(b)(i) The respondent has been properly served with notice of the petition for renewal and notice of hearing and fails to appear at the hearing; or
(ii) The respondent indicates that he or she does not contest the renewal.
(3) A renewed protection order shall specify that it is effective for a period of one year to commence on the first calendar day following the expiration of the previous order or on the calendar day the court grants the renewal if such day is subsequent to the first calendar day after expiration of the previous order.
(4) For a renewed domestic abuse protection order, if the court grants temporary custody of minor children, the renewed order shall specify the number of days of custody granted to the petitioner unless otherwise modified by the court.
Laws 2025, LB80, § 11.
Neb. Rev. Stat. § 26-112 Hearing; admission of petition, affidavit, or military protective order.
26-112. Hearing; admission of petition, affidavit, or military protective order.
During any hearing on a protection order:
(1) The petition and affidavit shall be deemed to have been offered into evidence, and they shall be admitted into evidence unless specifically excluded by the court; and
(2) A military protective order may be admitted as evidence of the respondent's past conduct and the need for a protection order.
Laws 2025, LB80, § 12; Laws 2026, LB753, § 3. Effective Date: July 18, 2026
Neb. Rev. Stat. § 26-113 Domestic abuse protection order; referee.
26-113. Domestic abuse protection order; referee.
The court may by rule or order refer or assign all matters regarding a domestic abuse protection order to a referee for findings and recommendations.
Laws 2025, LB80, § 13.
Neb. Rev. Stat. § 26-114 Protection order; copies; distribution; sheriff; duties; dismissal or modification; clerk of court; duties; notice requirements.
26-114. Protection order; copies; distribution; sheriff; duties; dismissal or modification; clerk of court; duties; notice requirements.
(1)(a) Upon the issuance of a temporary ex parte protection order or final protection order, the clerk of the court shall forthwith provide, free of charge:
(i) The petitioner with two certified copies of such order;
(ii) The local police department or local law enforcement agency and the local sheriff's office with one copy each of such order and one copy each of the sheriff's return thereon; and
(iii) A copy of the protection order to the sheriff's office in the county where the respondent may be personally served, together with instructions for service.
(b) Upon receipt of the order and instructions for service, the sheriff's office in the county where the respondent may be personally served shall forthwith serve the protection order upon the respondent and file its return thereon with the clerk of the court which issued the protection order within fourteen days of the issuance of the protection order.
(2) If any protection order is dismissed or modified by the court, the clerk of the court shall forthwith provide the local police department or local law enforcement agency and the local sheriff's office, without charge, with one copy each of the order of dismissal or modification.
(3) Any document required to be provided under this section, including certified copies of protection orders, may be provided electronically.
(4) If the respondent was present at a hearing convened pursuant to section 26-108 or 26-109 and the court entered a final protection order at such hearing, the respondent shall be deemed to have notice of the protection order and further service of notice described in this section is not required for purposes of prosecution under section 26-118.
Laws 1978, LB 623, § 26; Laws 1989, LB 330, § 9; Laws 1998, LB 218, § 24; Laws 2012, LB310, § 5; Laws 2019, LB532, § 6; R.S.Supp.,2024, § 42-926; Laws 2025, LB80, § 14; Laws 2026, LB935, § 10. Operative Date: July 18, 2026
Neb. Rev. Stat. § 26-115 Domestic abuse protection order; notice regarding firearm or ammunition.
26-115. Domestic abuse protection order; notice regarding firearm or ammunition.
Upon issuance of any domestic abuse protection order, the court shall cause the notice created under section 29-2291 to be served upon the respondent notifying the respondent that it may be unlawful under federal law for a person who is subject to a domestic abuse protection order to possess or receive any firearm or ammunition.
Laws 2025, LB80, § 15.
Neb. Rev. Stat. § 26-116 Protection order; filed, issued, and served without payment of costs; when.
26-116. Protection order; filed, issued, and served without payment of costs; when.
(1) Fees to cover costs associated with the filing of a petition for a protection order or the issuance or service of a protection order seeking only the relief provided by the Protection Orders Act shall not be charged, except that a court may assess such fees and costs if the court finds, by clear and convincing evidence, that the statements contained in the petition were false and that the protection order was sought in bad faith.
(2) At the final hearing, a court may assess costs associated with the filing of a petition for a protection order or the issuance or service of a protection order seeking only the relief provided by the Protection Orders Act against the respondent.
Laws 1989, LB 330, § 12; Laws 1997, LB 393, § 1; Laws 1998, LB 218, § 21; R.S.1943, (2016), § 42-924.01; Laws 2025, LB80, § 16.
Neb. Rev. Stat. § 26-117 Domestic abuse protection order granted to respondent; when.
26-117. Domestic abuse protection order granted to respondent; when.
When ruling on a petition for a domestic abuse protection order, a court shall only grant a respondent a domestic abuse protection order if (1) the respondent files a cross or counter petition seeking a protection order and (2) the issuing court makes specific findings of domestic or family abuse against the respondent and determines that the respondent is entitled to a protection order.
Laws 1998, LB 218, § 27; R.S.1943, (2016), § 42-924.03; Laws 2025, LB80, § 17.
Neb. Rev. Stat. § 26-118 Protection order; foreign protection order; violation; penalties.
26-118. Protection order; foreign protection order; violation; penalties.
(1) Any person, except the petitioner, who knowingly violates a protection order issued pursuant to the Protection Orders Act, after service or notice as described in subsection (4) of section 26-114, or a valid foreign protection order recognized pursuant to section 26-123 or 26-124, shall be guilty of an offense and punished as provided in this section.
(2) For a violation involving a domestic abuse protection order, a sexual assault protection order, a valid foreign domestic abuse protection order recognized pursuant to section 26-123, or a valid foreign sexual assault protection order recognized pursuant to section 26-124, a violation of this section is a:
(a) Class I misdemeanor for a first offense;
(b) Class IV felony for a second offense;
(c) Class IIIA felony for a third offense; and
(d) Class IIA felony for any fourth or subsequent offense.
(3) For a violation of a harassment protection order or a valid foreign harassment protection order recognized pursuant to section 26-124, a violation of this section is a Class II misdemeanor for a first offense and a Class I misdemeanor for any second or subsequent offense.
Laws 2025, LB80, § 18; Laws 2026, LB965, § 1. Operative Date: July 18, 2026
Neb. Rev. Stat. § 26-119 Protection order; restraining order; violation; arrest, when.
26-119. Protection order; restraining order; violation; arrest, when.
A peace officer shall with or without a warrant arrest a person if:
(1) The officer has probable cause to believe that the person has committed a violation of a protection order described in section 26-118 or a violation of an order excluding a person from certain premises issued pursuant to section 42-357; and
(2) A petitioner or person protected by a protection order or an applicant for an order excluding a person from certain premises issued pursuant to section 42-357 provides the peace officer with a copy of such order or the peace officer determines that such an order exists after communicating with the local law enforcement agency.
Laws 1989, LB 330, § 10; Laws 1998, LB 218, § 25; R.S.1943, (2016), § 42-928; Laws 2025, LB80, § 19.
Neb. Rev. Stat. § 26-120 Arrest; peace officer; duties; conditions of release.
26-120. Arrest; peace officer; duties; conditions of release.
A peace officer making an arrest pursuant to section 26-119 shall take such person into custody and take such person before a judge of the county court or the court which issued the protection order or other order. At such time the court shall establish the conditions of such person's release from custody, including the determination of bond or recognizance, as the case may be. The court shall issue an order directing that such person shall have no contact with any person protected by such order.
Laws 1989, LB 330, § 11; R.S.1943, (2016), § 42-929; Laws 2025, LB80, § 20.
Neb. Rev. Stat. § 26-120.01 Arrest; military protective order; notification, when required.
26-120.01. Arrest; military protective order; notification, when required.
When a peace officer arrests any person who is a member of the armed forces of the United States, the officer shall determine whether a military protective order registered in the Federal Bureau of Investigation's National Crime Information Center database has been issued against such person. If the peace officer has probable cause to believe that such person has violated such military protective order, the peace officer shall notify the appropriate authority that issued such order.
Laws 2026, LB753, § 4. Effective Date: July 18, 2026
Neb. Rev. Stat. § 26-121 Protection order; forms provided; State Court Administrator; duties.
26-121. Protection order; forms provided; State Court Administrator; duties.
(1) The clerk of the district court shall make available standard petition and affidavit forms for all types of protection orders provided by law with instructions for completion to be used by a petitioner.
(2) Affidavit forms shall request all relevant information, including, but not limited to: A description of the most recent incident that was the basis for the application for a protection order and the date or approximate date of the incident and, if there was more than one incident, the most severe incident and the date or approximate date of such incident. The affidavit form shall permit the petitioner to request that any contact information of the petitioner be kept confidential. If the petitioner makes such request, such information shall not be released and shall only be available for the court's use.
(3) The State Court Administrator shall adopt and promulgate the standard petition and affidavit forms provided for in this section as well as the standard temporary ex parte and final protection order forms and provide a copy of such forms to all clerks of the district courts in this state. These standard forms shall be the only such forms used in this state.
Laws 1989, LB 330, § 13; Laws 1997, LB 393, § 2; Laws 1998, LB 218, § 22; Laws 2019, LB532, § 4; R.S.Supp.,2024, § 42-924.02; Laws 2025, LB80, § 21.
Neb. Rev. Stat. § 26-122 Protection order enforcement; confidential information.
26-122. Protection order enforcement; confidential information.
When provided by the petitioner, the court shall make confidential numeric victim identification information, including social security numbers and dates of birth, available to appropriate criminal justice agencies engaged in protection order enforcement efforts. Such agencies shall maintain the confidentiality of this information, except for entry into state and federal databases for protection order enforcement.
Laws 2025, LB80, § 22.
Neb. Rev. Stat. § 26-123 Foreign protection order; enforcement.
26-123. Foreign protection order; enforcement.
A valid foreign protection order related to domestic or family abuse issued by a tribunal of another state, tribe, or territory shall be accorded full faith and credit by the courts of this state and enforced pursuant to the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
Laws 1998, LB 218, § 26; Laws 2003, LB 148, § 99; R.S.1943, (2016), § 42-931; Laws 2025, LB80, § 23.
Neb. Rev. Stat. § 26-124 Foreign harassment or sexual assault protection order; enforcement.
26-124. Foreign harassment or sexual assault protection order; enforcement.
(1) A valid foreign harassment or sexual assault protection order or an order similar to a harassment or sexual assault protection order issued by a court of another state, territory, possession, or tribe shall be accorded full faith and credit by the courts of this state and enforced as if it were issued in this state.
(2) A foreign harassment or sexual assault protection order issued by a court of another state, territory, possession, or tribe shall be valid if:
(a) The issuing court had jurisdiction over the parties and matter under the law of such state, territory, possession, or tribe;
(b) The respondent was given reasonable notice and an opportunity to be heard sufficient to protect the respondent's right to due process before the order was issued; and
(c) The harassment or sexual assault protection order from another jurisdiction has not been rendered against both the petitioner and the respondent, unless: (i) The respondent filed a cross or counter petition, complaint, or other written pleading seeking such an order; and (ii) the issuing court made specific findings of harassment or sexual assault offenses against both the petitioner and respondent and determined that each party was entitled to such an order.
(3) There is a presumption of the validity of the foreign protection order when the order appears authentic on its face.
(4) A peace officer may rely upon a copy of any putative valid foreign harassment or sexual assault protection order which has been provided to the peace officer by any source.
Laws 2017, LB289, § 5; R.S.Supp.,2024, § 28-311.12; Laws 2025, LB80, § 24.
Neb. Rev. Stat. § 26-125 Conflict of law.
26-125. Conflict of law.
If there is any conflict between the Protection Orders Act and any other provision of law, the Protection Orders Act shall govern.
Laws 2025, LB80, § 25.
Neb. Rev. Stat. § 26-201 Terms; defined.
26-201. Terms; defined.
For purposes of sections 26-201 to 26-207:
(1) Domestic assault offense means any offense under section 28-323;
(2) Law enforcement agency has the same meaning as in section 81-1401;
(3) Law enforcement officer has the same meaning as in section 81-1401;
(4) No-contact period means the period of time that:
(a) Begins when a person is arrested for a domestic assault offense or sexual assault offense; and
(b) Ends at 11:59 p.m. on the third day after the date of such arrest. If such third day is a Saturday, a Sunday, or a day during which the offices of courts of record may be legally closed as provided in section 25-2221, the no-contact period shall end at 11:59 p.m. on the next day on which such offices will be open;
(5) Sexual assault offense means:
(a) A felony violation of section 28-316.01, 28-319, 28-319.01, 28-320, or 28-320.01 or an attempt to commit any such violation; or
(b) Any other felony that involves subjecting or attempting to subject another person to sexual contact or sexual penetration without such person's consent, as such terms are defined in section 28-318; and
(6) Victim means the person alleged to have been the victim of a domestic assault offense or sexual assault offense.
Laws 2026, LB935, § 26. Operative Date: January 1, 2027
Neb. Rev. Stat. § 26-202 No-contact period; prohibitions.
26-202. No-contact period; prohibitions.
Unless the victim has provided a waiver under section 26-203, when a person is arrested for a domestic assault offense or sexual assault offense, the person shall, for the duration of the no-contact period:
(1) Not contact the victim;
(2) Avoid the residence of the victim and, if applicable, any premises temporarily occupied by the victim; and
(3) Avoid causing any person, other than law enforcement officers and attorneys for the arrested person and victim, to contact the victim.
Laws 2026, LB935, § 27. Operative Date: January 1, 2027
Neb. Rev. Stat. § 26-203 No-contact period; waiver by victim.
26-203. No-contact period; waiver by victim.
(1) A victim may waive the no-contact period by signing the written waiver in the form provided for in section 26-204.
(2) Additionally, at any time during the no-contact period, a victim may waive the no-contact period by contacting the law enforcement agency of the arresting officer, signing a written waiver form, and providing such form to the agency.
Laws 2026, LB935, § 28. Operative Date: January 1, 2027
Neb. Rev. Stat. § 26-204 Domestic assault or sexual assault arrest; law enforcement duties; advisements; State Court Administrator; duties.
26-204. Domestic assault or sexual assault arrest; law enforcement duties; advisements; State Court Administrator; duties.
(1) When a law enforcement officer arrests a person for a domestic assault offense or a sexual assault offense, the officer shall, if possible, provide the victim with a printed advisement. Such printed advisement shall include a statement in substantially the following form:
Under Nebraska law, [name of person arrested] is required to avoid contact with you until [date and time of expiration of no-contact period]. [Name of person arrested] is also not allowed to cause any other person to contact you, other than their attorney, your attorney, or a law enforcement officer.
You may agree to waive this protection, and allow [name of person arrested] to contact you. You may do so now by signing this form and returning it to the law enforcement officer. You may also do so later by contacting the officer's law enforcement agency and filling out a written form they will provide.
If you wish to seek continuing protection after [date and time of expiration], you must apply for a protection order from the court. You may seek the advice of an attorney about any matter connected with your application for any future court orders. The attorney should be consulted promptly so that the attorney may assist you in making your application.
(2) Such form may be provided as a separate document or included as part of another document provided to the victim.
(3) Such form may include any other matters as prescribed by the State Court Administrator.
(4) The State Court Administrator shall develop the form required under this section and the written waiver form described in subsection (2) of section 26-203. The administrator shall develop forms in English and may develop forms for other languages spoken by Nebraska residents.
Laws 2026, LB935, § 29. Operative Date: January 1, 2027
Neb. Rev. Stat. § 26-205 Release following arrest; advisement; statements inadmissible.
26-205. Release following arrest; advisement; statements inadmissible.
(1)(a) If a person arrested for a domestic assault offense or sexual assault offense is released from custody prior to the expiration of the no-contact period, the person shall be advised of the restrictions of the no-contact period and the penalties under section 26-206 for violating such restrictions. Such advisement shall be provided orally and in writing.
(b) Such advisement may be provided by a law enforcement officer, a judge, a jail official, or a designee of any such person.
(c) The arrested person shall sign a written acknowledgment stating that such person has received the advisements required by this subsection, understands the restrictions of the no-contact period, and understands the penalties for violating such restrictions.
(d) If the arrested person refuses to sign the acknowledgment, such person shall not be released from custody until after expiration of the no-contact period.
(2) Any statements or information provided by an arrested person while he or she is being given the advisements required by subsection (1) of this section shall not be admissible in any proceeding, except for a proceeding relating to a violation of section 26-202.
(3) Subsection (1) of this section does not apply if:
(a) The victim provides a waiver as provided in section 26-203; or
(b) The court orders the discharge of the arrested person under section 29-506 after finding that no domestic assault offense or sexual assault offense has been committed or that there is no probable cause for holding the person to answer for the offense.
Laws 2026, LB935, § 30. Operative Date: January 1, 2027
Neb. Rev. Stat. § 26-206 No-contact period; violations; penalties; exception.
26-206. No-contact period; violations; penalties; exception.
(1) Except as provided in subsection (2) of this section, a person who knowingly violates section 26-202 shall be guilty of an offense and punished as follows:
(a) For a first violation of such section, such person shall be guilty of a Class I misdemeanor; and
(b) For a second or subsequent violation of such section, such person shall be guilty of a Class IV felony.
(2) A person shall not be prosecuted for a violation of section 26-202 if the person was released from custody during the no-contact period without being given the advisements and without signing the acknowledgment required under section 26-205.
Laws 2026, LB935, § 31. Operative Date: January 1, 2027
Neb. Rev. Stat. § 26-207 No-contact period; violation; arrest, when.
26-207. No-contact period; violation; arrest, when.
A law enforcement officer shall, with or without a warrant, arrest a person if the officer has probable cause to believe that the person has committed a violation of section 26-202.
Laws 2026, LB935, § 32. Operative Date: January 1, 2027
Source: Nebraska Legislature (nebraskalegislature.gov)URL: https://nebraskalegislature.gov/laws/browse-chapters.php?chapter=26Fetched: 10/20/2026