Protective orders, also called "restraining orders" are court orders that prohibit a specific person from getting within a certain distance of another person for a specified period of time. Protective orders are typically issued in protection of a battered spouse or domestic violence victim. Nevada protective orders stay in effect until the next court hearing (such as a domestic violence arraignment, for example).
Key information about Nevada's protective orders law is listed below. See Details on State Protective Order Laws to learn more.
|Code Section||33.017, et seq.|
|Activity Addressed by Order||Enjoin contact; exclude from dwelling, school, or employment; regarding minors: temporary custody, visitations|
|Duration of Order||Temporary order: maximum 30 days or until hearing. Extended order: 1 year|
|Penalty for a Violation of Order||Misdemeanor or maximum penalty prescribed by law. If violation by violent physical act: fine $1,000 or community service 200 hours; jail, minimum 5 days, maximum 6 months; attorney and medical costs; counseling|
|Who May Apply for Order||Spouse, former spouse, blood or marital relative, parent of one's child, dating relation, minor|
|Can Fees Be Waived?||Court assesses against respondent at final disposition and can reduce or waive them|
|Order Transmission to Law Enforcement||Copy by end of next business day to appropriate law enforcement agency with jurisdiction over residence, school, child care facility, or place of employment|
|Civil Liability for Violation of Order||Yes, contempt of court|
Types of Protective Orders
Some protective orders prohibit contact between people. This is common in cases of domestic violence. An abusive spouse or former spouse may be ordered to stay away from the other spouse or former spouse, or their children, if child abuse is involved.
Excluding From Dwelling, School, Employment
In some situations, contact may be necessary between an alleged abuser and a victim. In this case, an order preventing the alleged abuser from visiting the victim's home, school, or place of employment. This will give the victim their privacy, but may give the opportunity for contact in public spaces.
Possessing a Firearm
If there is a strong history of violence between the abuser and victim, and especially if the abuser has threatened the victim's life, the court may prohibit the abuser from owning or possessing a firearm.
Penalties for Violating a Protective Order
Violating a restraining order can come with many different penalties. Every restraining order violation will put the violator in contempt of court. This is a crime punishable by jail time as well as fines. For a second or subsequent violation of a domestic violence restraining order, the minimum jail time is thirty days.
Getting Legal Help
If you would like to know more about protective orders, and if you would like help getting a protective order against someone, there are many attorneys throughout Nevada with experience in domestic violence laws who may be able to help. In addition to knowing the law surrounding domestic violence, these attorneys may be able to help you take advantage of other services available to domestic violence victims, like temporary housing.
Contact a qualified attorney.