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§ 25-1072.Enforcement; disobedience; punishment.

Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026

In one sentenceThis section lets a court or judge enforce an injunction through contempt, issue an attachment against someone who breaches it once satisfied by affidavit of the breach, and impose a fine, restitution, additional security, or jail until compliance.

Full Text of § 25-1072

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An injunction granted by a judge may be enforced as the act of the court. Disobedience of an injunction may be punished as a contempt by the court, or by
any judge who might have granted it in vacation. An attachment may be issued by the court or judge, upon being satisfied by affidavit of the breach of the injunction, against the party guilty of the same; and he may be required, in the discretion of the court or judge, to pay a fine not exceeding two hundred dollars, for the use of the county, to make immediate restitution to the party injured, and give further security to obey the injunction; or, in default thereof, he may be committed to close custody, until he shall fully comply with such requirements, or be otherwise legally discharged.

Source

R.S.1867, Code § 260, p. 436; R.S.1913, § 7801; C.S.1922, § 8745; C.S.1929, § 20-1072; R.S.1943, § 25-1072.

Plain-English Summary

Section 25-1072 gives Nebraska’s injunctions teeth. An injunction granted by a judge may be enforced as the act of the court, and disobedience of an injunction may be punished as a contempt by the court itself, or by any judge who could have granted the injunction in vacation. That framing matters: violating an injunction is not merely a private wrong between the parties, it is treated as an affront to the court’s own authority.

To enforce that authority, the court or judge can issue an attachment against the party who breached the injunction, once satisfied by affidavit that the breach occurred. From there, the court or judge has real discretion in how to respond: the violator may be required to pay a fine of up to two hundred dollars for the county’s use, to make immediate restitution to the injured party, and to give further security to obey the injunction going forward. If the violator fails to comply with those requirements, the court or judge can commit the person to close custody until full compliance, or until the person is otherwise legally discharged.

This section works alongside section 25-1070’s rule that an injunction only binds once notice and the bond are in place — the enforcement tools here apply once that binding effect has attached and the enjoined party crosses the line the injunction drew.

Frequently Asked Questions

What happens if someone violates a Nebraska injunction?

The violation can be punished as contempt of court, and the court or judge who could have granted the injunction may issue an attachment against the violator once satisfied by affidavit that a breach occurred.

Can a court fine someone for violating an injunction?

Yes, in the court’s or judge’s discretion, up to two hundred dollars for the county’s use.

Can a court order restitution for an injunction violation?

Yes. The court or judge may require immediate restitution to the party injured by the violation.

Can someone be jailed for violating an injunction?

Yes. If the violator does not pay the fine, make restitution, or give further security as ordered, the court or judge may commit that person to close custody until full compliance, or until legally discharged.

Does the injured party have to prove the violation beyond just an accusation?

The court or judge acts on being satisfied by affidavit of the breach of the injunction before issuing an attachment against the violator.

Is enforcement handled by the court that issued the injunction, or by any court?

The court may enforce its own injunction as its own act, and enforcement authority also extends to any judge who could have granted the injunction in vacation.

Source & verification. Section text and the amendment-history citation are reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the Nebraska Legislature. Last verified July 22, 2026. · Official source
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