§ 25-1072.Enforcement; disobedience; punishment.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026
Full Text of § 25-1072
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.