26-102. Terms, defined
For purposes of the Protection Orders Act:
(1) Abuse has the same meaning as in section 42-903;
(2) Course of conduct has the same meaning as in section 28-311.02;
(3) Family or household members has the same meaning as in section 42-903;
(4) Harass has the same meaning as in section 28-311.02;
(5) 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;
(6) 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; 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.
Credits
Laws 2025, LB 80, § 2, eff. Sept. 3, 2025; Laws 2025, LB 150, § 46, eff. Sept. 3, 2025.
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.
Credits
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, LB 310, § 3, eff. July 19, 2012; Laws 2017, LB 289, § 14, eff. Aug. 24, 2017; Laws 2019, LB 532, § 3, eff. Jan. 1, 2020; Laws 2023, LB 157, § 12, eff. Sept. 2, 2023; Laws 2025, LB 80, § 3, eff. Sept. 3, 2025.