Restraining Orders & Protection Orders in Las Vegas: What Respondents Should Know
Protective orders, commonly known as restraining orders, are designed to safeguard individuals who have experienced threats, harassment, or abuse from a partner or relative. In Nevada, obtaining a restraining order is a relatively simple process, which unfortunately means that some are issued based on inaccurate or exaggerated claims. If you are the Respondent in a Nevada restraining order, it is essential to understand your rights and the legal steps you should take to defend yourself. Toward that end, the Vegas Lawyers discuss what Respondents should know about a Las Vegas protective order. If you have specific questions, contact us today by calling (725) 217-4768 to schedule your free consultation.
What Is a Restraining Order in Nevada?
In Nevada, there are several different types of restraining orders that can be issued, based on the type of threat or harm involved. A restraining order may be issued based on harassment in the workplace, harm to minors, or sexual assault. The most common type of restraining order, however, is based on allegations of stalking or harassment by an intimate partner. Under Nevada law, harassment occurs when a person threatens to:
- Harm another person in the future, damage another person’s property, confine or restrain another person, or do any act intended to substantially harm another person’s physical or mental health or safety; AND
- The person’s words or conduct causes the applicant to reasonably fear that the threats will be carried out.
Stalking occurs when a person “engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, harassed, or fearful for their immediate safety or that of a family or household member, AND the person applying for the restraining order actually feels terrorized, frightened, or intimidated, harassed, or fearful for their immediate safety or that of a family or household member.
How Is a Restraining Order Obtained in Nevada?
To obtain a Temporary Protective Order (TPO), which can only remain in effect for up to 45 days, an applicant (referred to as the “Petitioner”) need only file the required paperwork with the appropriate court alleging that they have been the victim of stalking, harassment, threats, or abuse. A judge can issue an “ex parte” Order based solely on the applicant’s allegations, without the Respondent’s input. If the judge issues a TPO, the court will attempt to serve the Respondent with the Order along with a summons for a hearing. At the hearing, the Respondent will have the opportunity to defend the allegations made by the Petitioner. If the judge is convinced that there is sufficient evidence that a Protective Order is needed, an Extended Protective Order (EPO) will be granted for up to two years.
What Does It Mean If a Protective Order Is Issued in Nevada?
Whether it is a TPO or an EPO, a Restraining Order can prohibit the Respondent from doing several things, such as:
- Entering your home (even if your name is on the lease or title).
- Contacting the Petitioner in any way, including through a third party.
- Going to the Petitioner’s workplace or school.
- Possessing or purchasing a firearm.
- Leaving the jurisdiction with your children.
What Happens If I Violate a Nevada Restraining Order?
Even though a TPO can be issued before the Respondent has the opportunity to mount a defense against the allegations in the Petition, it is crucial to understand that the Respondent is legally required to abide by the terms and conditions of the Order. The prohibitions in a Restraining Order are just that – orders of the court.
If you are the Respondent to a TPO, and you violate the Order, you can be charged with a criminal misdemeanor. If convicted, you face up to six months in jail and/or a fine of up to $1,000 for a first offense. A second conviction for violating a Nevada Restraining Order is punishable by up to 364 days in jail and/or a fine of up to $2,000. Further convictions for violations of a Nevada Restraining Order are potentially punishable by up to four years in prison and/or up to a $5,000 fine. Violating an EPO can result in being charged with a Category C felony, punishable by up to five years in prison and/or up to a $10,000 fine.
Do I Need an Attorney If I Am the Respondent to a Nevada Restraining Order?
If you are served with a TPO and notified that there is a hearing scheduled to consider the issuance of an EPO, it is in your best interest to consult with an attorney immediately. If an EPO is granted, it can impact your property rights, your relationship with children, and your right to possess firearms. You have the right to defend against the allegations made in the Restraining Order Petition. The best way to exercise that right and ensure that all your rights are protected is to have an experienced criminal defense attorney on your side.
What Should I Do If I Am the Respondent to a Nevada Restraining Order?
If you have been served with a Petition for a Restraining Order, consult with a Law Vegas criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.