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.

Source:Laws 2025, LB80, § 2; Laws 2025, LB150, § 46.

Note: Changes made by LB80 became effective September 3, 2025. Changes made by LB150 became operative September 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;

(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.

Source: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.
Effective Date: September 3, 2025

Annotations

A new act of abuse is not a prerequisite for renewal of a domestic abuse protection order; however, it may be considered in determining the continuing likelihood of future harm. Garrison v. Otto, 311 Neb. 94, 970 N.W.2d 495 (2022).

An evidentiary hearing on the petition for renewal should be held, unless the respondent fails to appear or indicates he or she does not contest the renewal. Garrison v. Otto, 311 Neb. 94, 970 N.W.2d 495 (2022).

Because the question of the likelihood of future harm and the relative equities of the case pertain to a different effective period of time, the court's prior determinations of these matters are not law of the case. Garrison v. Otto, 311 Neb. 94, 970 N.W.2d 495 (2022).

The purpose of a hearing on the petition for renewal is to receive evidence so that the court may reweigh the burdens the order will inflict against its benefits in light of all the relevant circumstances, including what has or has not changed since its issuance. Garrison v. Otto, 311 Neb. 94, 970 N.W.2d 495 (2022).

The requisite past act of domestic abuse is necessarily found in relation to the underlying protection order; it is law of the case and not to be relitigated simply because the petitioner seeks a renewal of the order. Garrison v. Otto, 311 Neb. 94, 970 N.W.2d 495 (2022).

Not only is the recipient or target of a credible threat a "victim" of abuse eligible for a domestic abuse protection order under this section, so too are those family members for whose safety the target reasonably fears because of the threat. Robert M. on behalf of Bella O. v. Danielle O., 303 Neb. 268, 928 N.W.2d 407 (2019).

Appeals involving the granting of a protection order will almost always be moot before the case is heard because of the time-limited nature of a protection order. However, under certain circumstances, an appellate court may entertain the issues presented by a moot case. Hauser v. Hauser, 259 Neb. 653, 611 N.W.2d 840 (2000).

Effective July 15, 1998, this section no longer covers harassment protection orders, but applies to domestic abuse protection orders only. Hron v. Donlan, 259 Neb. 259, 609 N.W.2d 379 (2000).

A protection order pursuant to this section is analogous to an injunction. Elstun v. Elstun, 257 Neb. 820, 600 N.W.2d 835 (1999); Hronek v. Brosnan, 20 Neb. App. 200, 823 N.W.2d 204 (2012); Cloeter v. Cloeter, 17 Neb. App. 741, 770 N.W.2d 660 (2009); Devor v. Devor, 7 Neb. App. 549, 584 N.W.2d 670 (1998).

Speech that is not threatening, intimidating, or terrifying is protected by the First Amendment, and any application of a protection order under this section that would prohibit such speech is applied in an unconstitutional manner. State v. McKee, 253 Neb. 100, 568 N.W.2d 559 (1997).

Even though a court has subject matter jurisdiction to hear a request for a domestic abuse protection order, the defendant may file to transfer the action to a more appropriate venue pursuant to section 25-403.01. Jacobo v. Zoltenko, 30 Neb. App. 44, 965 N.W.2d 32 (2021).

A domestic abuse protection order did not violate the defendant's constitutional rights to free speech because the defendant's conduct in contacting the victim violated the protection order and the protection order itself did not burden more speech than necessary to serve a significant government interest. State v. Doyle, 18 Neb. App. 495, 787 N.W.2d 254 (2010).

The Protection from Domestic Abuse Act allows any victim of domestic abuse to file a petition and affidavit for a protection order. Cloeter v. Cloeter, 17 Neb. App. 741, 770 N.W.2d 660 (2009).

Subsection (3)(b) of this section sets forth an enhancement provision, not a separate criminal offense, which simply authorizes a court to increase the sentence for recidivists. State v. Rubek, 11 Neb. App. 489, 653 N.W.2d 861 (2002).

Allegations contained in application and attached affidavit requesting issuance of a protection order were too general to support such an order. Buda v. Humble, 2 Neb. App. 872, 517 N.W.2d 622 (1994).

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

(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.

Source:Laws 2025, LB80, § 4.
Effective Date: September 3, 2025

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

(3) The court may order such other relief as the court deems necessary to provide for the safety and welfare of the petitioner.

Source:Laws 2025, LB80, § 5.
Effective Date: September 3, 2025

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.

Source:Laws 2025, LB80, § 6.
Effective Date: September 3, 2025

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.

Source:Laws 2025, LB80, § 7.
Effective Date: September 3, 2025

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.

Source:Laws 2025, LB80, § 8.
Effective Date: September 3, 2025

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.

Source: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.
Effective Date: September 3, 2025

Annotations

In considering whether to continue an ex parte domestic abuse protection order following a finding that domestic abuse has occurred, a court is not limited to considering only whether the ex parte order was proper, but may also consider a number of factors pertinent to the likelihood of future harm. Maria A. on behalf of Leslie G. v. Oscar G., 301 Neb. 673, 919 N.W.2d 841 (2018).

Whether domestic abuse occurred is a threshold issue in determining whether an ex parte protection order should be affirmed; absent abuse as defined by the Protection from Domestic Abuse Act, a protection order may not remain in effect. Maria A. on behalf of Leslie G. v. Oscar G., 301 Neb. 673, 919 N.W.2d 841 (2018).

When a petition and affidavit for a domestic abuse protection order satisfy the requirements of section 42-924, the court is required to issue an ex parte domestic abuse protection order or schedule an evidentiary hearing. Jacobo v. Zoltenko, 30 Neb. App. 44, 965 N.W.2d 32 (2021).

The 5-day period to file a show cause hearing request as set forth in subsection (1) of this section is directory and not mandatory. Accordingly, failing to file a request for a show cause hearing within that 5-day period does not preclude the later filing of a motion to bring the matter back before the court, including the filing of a motion to vacate an ex parte order. Courtney v. Jimenez, 25 Neb. App. 75, 903 N.W.2d 41 (2017).

This section does not procedurally limit a litigant's right to call witnesses at a show cause hearing. Zuco v. Tucker, 9 Neb. App. 155, 609 N.W.2d 59 (2000).

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.

Source:Laws 2025, LB80, § 10.
Effective Date: September 3, 2025

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.

Source:Laws 2025, LB80, § 11.
Effective Date: September 3, 2025

26-112. Hearing; admission of petition and affidavit.

During any hearing on a protection order, 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.

Source:Laws 2025, LB80, § 12.
Effective Date: September 3, 2025

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.

Source:Laws 2025, LB80, § 13.
Effective Date: September 3, 2025

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 26-109 following issuance of an ex parte protection order and the protection order was not dismissed, the respondent shall be deemed to have notice by the court at such hearing that the protection order will be granted and remain in effect and further service of notice described in this section is not required for purposes of prosecution under section 26-118.

Source: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.
Effective Date: September 3, 2025

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.

Source:Laws 2025, LB80, § 15.
Effective Date: September 3, 2025

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.

Source: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.
Effective Date: September 3, 2025

Annotations

Under this section, the district court erred in taxing the costs of a domestic abuse protection order action to the petitioner without making findings that the facts in the affidavit were not true or that the order was sought in bad faith. Torres v. Morales, 287 Neb. 587, 843 N.W.2d 805 (2014).

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.

Source:Laws 1998, LB 218, § 27; R.S.1943, (2016), § 42-924.03; Laws 2025, LB80, § 17.
Effective Date: September 3, 2025

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 Class I misdemeanor for a first offense and a Class IV felony for any second 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.

Source:Laws 2025, LB80, § 18.
Effective Date: September 3, 2025

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.

Source:Laws 1989, LB 330, § 10; Laws 1998, LB 218, § 25; R.S.1943, (2016), § 42-928; Laws 2025, LB80, § 19.
Effective Date: September 3, 2025

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.

Source:Laws 1989, LB 330, § 11; R.S.1943, (2016), § 42-929; Laws 2025, LB80, § 20.
Effective Date: September 3, 2025

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.

Source: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.
Effective Date: September 3, 2025

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.

Source:Laws 2025, LB80, § 22.
Effective Date: September 3, 2025

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.

Source:Laws 1998, LB 218, § 26; Laws 2003, LB 148, § 99; R.S.1943, (2016), § 42-931; Laws 2025, LB80, § 23.
Effective Date: September 3, 2025

Cross References

Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, see section 42-932.

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.

Source:Laws 2017, LB289, § 5; R.S.Supp.,2024, § 28-311.12; Laws 2025, LB80, § 24.
Effective Date: September 3, 2025