Domestic Court Orders
The Lancaster County Sheriff's Office has the responsibility of serving certain
court documents that pertain to domestic situations. Among these are Child Custody
Orders, Harassment Protection Orders, Domestic Abuse Protection Orders, and Show
Cause Protection Orders. Serving these domestic related papers is a priority for
the Sheriff's Office, and it attempts to accomplish service in the most prompt and
efficient way possible.
Child Custody Orders
Orders for Temporary Child Custody issue from the District Court. The order states
that a party in an action be granted physical custody of a minor child or children.
It demands that the party being served the order relinquish custody to the petitioning
party. The Sheriff's Office will serve these orders, but unless the judge issuing
the order specifically directs the Sheriff's Office to facilitate the return of the
child or children, deputies will not become involved in the transfer of
custody nor will they stand by while the transfer takes place. Requests by the
petitioner to accompany deputies in the service of these orders are not granted
unless certin exigent circumstances exist. Past experience has shown that the
presence of the petitioner during service can escalate the potential for danger.
Protection Orders
Types
There are two distinct types of Protection Orders; Harassment Protection Orders and
Domestic Abuse Protection Orders. Each have different requirements for issuance and
are granted upon a judge's acceptance of the merits of the petitioner's application.
Penalties for violation of either type of Protection Order are similar.
If the application is unclear, or raises questions as to its merit, the judge will
issue a Protection Order to Show Cause which sets a hearing before he/she will decide
whether or not to issue a Protection Order.
- Harassment Protection Orders may be granted against any person
harassing the petitioner that has engaged in a "willful course of conduct" which
has frightened the petitioner. Behaviors can include repeated telephone calls, stalking, and detention.
- Domestic Abuse Protection Orders may be granted against a spouse,
former spouse, a current or former roommate, a person that you have a child with,
your child, or a relative. A petitioner must be able to show that this person has been
physically violent or has threatened physical violence against the petitioner and caused
her/him to fear physical harm by them. Under certain circumstances, temporary child
custody may be addressed as part of the order.
- Protection Order to Show Cause directs the responding party to appear
in court to "show cause" why a protection order should not be issued against him/her.
Failure to do so will result in the issuance of a Protection Order. Show cause orders
can be issued in both harassment and domestic abuse situations.
The Sheriff's Office does not carry the forms necessary to obtain a
Protection Order. However, they are available at the Lancaster County District Court
Clerk's Office, the Rape Spouse Abuse Crisis Center, or the Lincoln Police Department's
Victim/Witness Unit. The latter two will assist a petitioner in completing the forms
at no cost.
Service Information
The Sheriff's Office requires certain information to effect service of a Protection
Order. If the information is not provided, the chances of service are greatly
reduced. Service is necessary on any ex parte order of protection before it can take
effect. Please make sure all information provided in the protection order application
is complete and accurate. If any new information is obtained, please notify the
Sheriff's Civil Division at (402)441-7724 so it can update its records. If a photograph
of the respondent is available, it may assist the deputy in identifying the party to
be served. The Sheriff's Office is unable, however, to return any photographs.
The Sheriff's Office will not call the petitioner when the Protection Order has been
served. It
is her/his responsibility to check on service by calling (402)441-7724 during regular business
hours or (402)441-6500 after hours. Please allow time for the deputies to attempt service.
It is advisable to wait until the day after receiving the order to check. Repeated
calls during business hours will not expedite the service of the order which already
has a top service priority.
If the Protection Order has not been served within 14 days after issuance, it must be returned to the Court.
It may be issued again if new information is provided by the Court.
Costs
There are no service fees for the processing and service of Protection Orders.
Vacating the Order
A petitioner no longer desiring the Protection Order to remain in effect must petition
the court to withdraw it. The Sheriff's Office cannot stop service attempts or return
the order without hearing from the court that the Order has been vacated.
Phone Numbers Regarding Domestic Violence
24 hour Crisis Line for Rape Spouse Abuse Crisis Center and access to Friendship Home
emergency shelter: (402)475-7273
District Court Clerk's Office: (402)441-7328
Lincoln Police Department/Lancaster County Sheriff's Office non-emergency:
(402)441-6000
Rape Spouse Abuse Crisis Center: (402)476-2110
Lincoln Police Department Victim/Witness Unit: (402)441-7181
Emergency Law Enforcement: 911
If you have questions regarding enforcement of your Protection Order please contact
your local law enforcement agency. If you are in need of emergency assistance, please
call 9-1-1.
County Sheriff
