Restraining orders, formally referred to as “protective orders,” are intended to serve as a legal tool that protects individuals who have been threatened, harassed, or abused by an intimate partner or family member. A Nevada restraining order can be easily obtained, however, and may be based on false or misleading allegations. If you have been served with a restraining order or accused of violating one in Nevada, it is crucial to understand your legal options.

What Types of Restraining Orders Are Available in Nevada?

In Nevada, there are two broad types of restraining orders. A Temporary Protective Order (TPO) can only remain in effect for up to 45 days while an Extended Protective Order (EPO) remains in effect for up to two years. A TPO may be requested based on any of the following:

·  Stalking and Harassment (NRS 200.571)

·  Harm to Minors (NRS 33.400)

·  Sexual Assault (NRS 200.378)

·  Harassment in the Workplace (NRS 33.200)

The most common type of restraining order sought by an alleged victim is based on stalking or harassment. In Nevada, harassment is defined as a threat to cause bodily injury, property damage, restrain someone, or substantially harm the mental or physical health of another, along with the reasonable fear that the person will carry out their threat. Stalking is defined as “willfully or maliciously engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, harassed or fearful for the immediate safety of a family or household member, and that actually causes the victim to feel terrorized, frightened, intimidated, harassed or fearful for the immediate safety of a family or household member.”

What Is a Temporary Protective Order?

A Temporary Protective Order (TPO) is relatively easy to obtain in Las Vegas. An alleged victim can petition the court, and the judge can grant a TPO, without the accused being present or even having knowledge of the petition. This is referred to as an ex parte Order, meaning it is granted without the knowledge or input of one of the parties. If the judge does grant a TPO, the Order may remain in effect for up to 45 days, during which time an attempt will be made to locate and serve the Respondent (accused) with a copy of the Petition.

What Is an Extended Protective Order?

An Extended Protective Order (EPO) may be obtained by requesting a hearing aimed at extending a TPO. The Respondent must be served with a copy of the Petition and a Summons letting them know about the scheduled hearing. At the hearing, both the Petitioner and the Respondent will have the opportunity to present evidence and testimony. If the judge is convinced that the Petitioner needs protection, an EPO will be granted lasting up to two years.

What Happens If a Nevada Restraining Order Is Granted?

If you are the Respondent in a Nevada restraining order, the Order may prevent you from doing a variety of things, including:

·  Entering your home (regardless of who owns or rents the property)

·  Contacting the Petitioner

·  Entering the Petitioner’s workplace or school

·  Purchasing a firearm

·  Taking your children outside the jurisdiction

If the court issues an Extended Protective Order, issues regarding your children, including custody and child support, may be covered as well.

What Are the Penalties for Violating a Nevada Protective Order?

If you are the Respondent in a Nevada Temporary Protective Order (TPO) it is essential to understand the conditions and prohibitions in the Order are just that – court orders. A violation of a TPO or EPO is a criminal offense, punishable by up to six months in jail and/or a fine of up to $1,000 for a first offense. A second conviction for violation of a restraining order is punishable by up to 364 days in jail and/or a fine of up to $2,000 with subsequent violations potentially resulting in a term of imprisonment of up to five years and/or a $5,000 fine.

If you violate an Extended Protective Order (EPO) you face even harsher potential penalties. Violation of an EPO may be charged as a Class C Felony, punishable by up to five years in prison and/or up to a $10,000 fine.

How Can an Attorney Help Me with a Restraining Order in Nevada?

If you are served with a Petition for a Protective Order, you have a right to defend yourself against the allegations made in the Petition. An experienced Las Vegas criminal defense attorney can discuss the allegations made in the Petition and explain your legal options.

If you have been charged with violating a TPO or EPO, it is in your best interest to consult with an experienced criminal defense attorney right away because you are facing the possibility of a criminal conviction that could result in a jail or prison sentence.

What Should I Do If I Need Help with a Restraining Order in Nevada?

If you have been served with a Petition for a restraining order or you have been charged with violating a TPO or EPO, 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.

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