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Overview Of The Protection Order Process (Frequently Asked Questions)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

What is an order for protection?

An order for protection is a court order that may require:

  • The Adverse Party to stay away from the victim's home, business, school, place of employment or any other location named by the court.
  • The Adverse Party to refrain from contacting, intimidating, threatening or otherwise interfering with the victim and any other person, including a member of the victim's family or household and anyone else specifically named by the court.
  • The Adverse Party to comply with any other restriction, which the court deems necessary to protect the victim, or to protect any other person named in the order, including, without limitation, a member of the family or household of the victim.

What will happen when I apply for an order for protection?
Upon filing your Application for a protection order, the judge will do one of 3 things:

  • Grant your Application and issue a Temporary Protection Order (also known as a "TPO");
  • Deny your application and issue an order that will explain the reason for the denial; or
  • Schedule a hearing.

Click here to see a flow-chart showing an overview of the protection order process.

Who can apply for an order for protection?
To apply for an order for protection, you must be at least 18 years of age. If you are a minor in need of protection, you need to have an adult apply for the protection order on your behalf.

How long do orders of protection last?
A temporary order for protection must expire no later than 30 days (15 days for protection orders against workplace harassment) after the order is signed and served, unless otherwise ordered by a justice of the peace. If the order is not served within 30 days of issuance, it will expire.
An extended order for protection must expire no later than 1 year after a justice of the peace signs the extended order.
If a petition for an extended order is filed within the period of a temporary order, the temporary order remains in effect until the hearing on the extended order is held. An extended order cannot be issued after a temporary order has expired.

Can I obtain a protection order without notifying the Adverse Party?
A temporary order may be granted without notice to the adverse party. However, if a justice of the peace is so inclined, the justice of the peace can set the matter for hearing before deciding whether to grant the protection order.
An extended order cannot be granted unless:

  • Notice of the petition for the order and of the hearing thereon is served upon the Adverse Party pursuant to the Rules of Civil Procedure; and
  • The court holds a hearing on the request.

If a hearing is scheduled, you are strongly encouraged to prepare in advance for the hearing, and to bring any supporting documentation and witnesses to the hearing.

What is the criminal penalty for violating a protection order?
Unless a more severe penalty is provided by law for the act that constitutes the violation of the order, any person who intentionally violates a temporary order is guilty of a gross misdemeanor, which is punishable by not more than 1 year in jail and/or up to a $2,000 fine.
Unless a more severe penalty is provided by law for the act that constitutes the violation of the order, any person who intentionally violates an extended order is guilty of a category C felony, which is punishable by not less than 1 year nor more than 5 years in Nevada State Prison and/or up to a $10,000 fine.

Pursuant to NRS 193.166, if the act that constitutes the violation of a protection order is itself a felony; the Adverse Party may be punished by imprisonment in the state prison "for a term equal to and in addition to the term of imprisonment prescribed by statute" for the act that constitutes the violation.

In addition, a person who violates a protection order may also be summarily held in contempt of court pursuant to NRS 22.100 and punished by a fine of up to $500 and/or imprisonment up to 25 days.
Criminal contempt may also be prosecuted as a misdemeanor criminal case, punishable by imprisonment in jail for up to 6 months and/or a fine of up to $1,000.

Do I need an attorney to apply for a protection order?
No. Although an attorney may assist you in filing for a protection order, and although an attorney may appear with you at any court hearing, you have the right to proceed without legal counsel if you so desire.

How much does it cost to file for a protection order?
Other than applications for protection orders against workplace harassment, where the applicant is required to pay a $49 filing fee and post a bond of $100 with the court (except in North Las Vegas Justice Court where no bond is required), there is no filing fee to obtain a protection order.

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200 Lewis Avenue
Las Vegas, NV 89155

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601 N. Pecos
Las Vegas, NV 89155

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