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What is a Protection Order?

A Protection Order is a court order signed by a judge prohibiting the respondent (the person you are filing against) from:

  • imposing any restraint upon you or upon your liberty.
  • threatening, assaulting, molesting, or attacking you, or otherwise disturbing your peace.
  • telephoning, contacting, or otherwise communicating with you.

In some cases, a Protection Order can:

  • remove and exclude the respondent from your residence, or
  • make a temporary custody order for any children you and the respondent share.

When a Protection Order is in effect,

  • you may have limited contact with the respondent for needs such as exchanging children for visitation or exchanging household items or other property.
  • The respondent must refrain from actions prohibited in your Protection Order, such as threatening or harassing you.
  • You are expected not to initiate any unnecessary contact or socialize with the respondent.

 

Procedure to get a Protection Order:

  1. Application can be completed and filed at the Douglas County Courthouse, 17th & Farnam, 3rd floor through the Clerk of the District Court.
  2. You may contact an Advocate at YWCA Omaha or the Omaha Police Domestic Violence Squad - (402) 444-5825.
  3. The application process for a Protection Order takes about two hours to complete the paperwork and see a judge to request the Protection Order.
  4. A completed application needs to be filed between the hours of 8 to 11 a.m. or 1 to 3 p.m.
  5. There is no fee to file a Protection Order in Douglas County.

    Be sure to have with you:
    • Valid ID or a document in your name
    • Three incidents of abuse, including the approximate date.
    • Addresses, home and/or work, for the person you are filing against. The Protection Order does not go into effect until the written order is handed to him/her.
    • If the respondent is under 19, you need their parents’ or legal guardians’ name and address.

 

Violation of a Protection Order:

  • If the Protection Order is violated, someone needs to call the police.
  • If the respondent is present when the police arrive, he/she will be arrested.
  • If the respondent has left, a report for violating the order will automatically be filed by the Omaha Police Department Domestic Violence Unit.
  • The County Attorney will review the report and decide if an arrest warrant will be issued.
  • Please always keep a copy of your Protection Order with you.

 

Things to consider before getting a Protection Order:

  1. How is the offender going to react?
    • If you think the respondent may become threatening or dangerous, you need to take precautions.
    • Staying with family or friends, or at a shelter, may be the best solution.
    • You might also have another adult stay with you.

  2. Will the respondent respect this order of the court?
    • A Protection Order can give you a false sense of security.
    • Some offenders will violate a Protection Order.
    • A Protection Order is only part of the plan to keep yourself and any children safe.

  3. Are you willing to report if the order is violated?
    • You are the primary enforcer of the Protection Order.
    • You need to be sure the police are called to report a violation.
    • Call 911 in an emergency, or 444-5600 in a non-emergency situation.