• When May An Application For An Order For Protection Against Sexual Assault Be Used?
• How To Apply For An Order For Protection Against Sexual Assault?
• Frequently Asked Questions
• Forms

When May An Application For An Order For Protection Against Sexual Assault Be Used?
This Application may be used when a person reasonably believes that they are the victim of sexual assault. Under NRS 200.366(1), the crime of sexual assault is defined as follows:

1. A person who subjects another person to sexual penetration, or who forces another person to make a sexual penetration on himself or another, or on a beast, against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his conduct, is guilty of sexual assault. . . .

How To Apply For A Protection Order Against Sexual Assault?

• Step 1: Identify The Correct Justice Court In Which To File
• Step 2: File the following two documents with the Justice Court:

  a.) An Application For Order For Protection Against Sexual Assault and
  b.) A Confidential Information Sheet

• Step 3: Wait For The Court's Decision (the Court will either grant your application, deny it or schedule a hearing)
• Step 4: If you want the Temporary Order to continue longer than 30 days, file A Motion To Extend Order For Protection
• Step 5: Attend the Hearing

Step 1: Identify The Correct Justice Court In Which To File
You must file in the Justice Court of the township where you believe that the Adverse Party has committed or is committing a crime involving intentional physical or mental injury or sexual abuse or sexual exploitation of the child.

Step 2: File a.) An Application For An Order For Protection Against Sexual Assault and b.) A Confidential Information Sheet
a.) The Application
You should be as specific as possible in your application so that the Judge can take all of the facts that you believe are relevant into consideration in ruling on your application.

For example, it is important to include all relevant dates, locations, witnesses, etc. It is also helpful to present your story in a chronological fashion so that the Judge can have a clear understanding of the sequence of events.

You may include wish to attach any supporting documents that you have gathered, such as:

• Documentation of phone calls by the Adverse Party
• Notes/written threats left by the Adverse Party
• Pictures of property damage caused by the Adverse Party
• Any other written documents that help to substantiate your allegations.

Although you are not required to file a police report prior to seeking a protection order, if you have filed a police report, you may attach a copy of the police report along with your Application.

Be aware that the Application and any supporting documents that you provide are public records and may be viewed by any member of the public, including the Adverse Party. should also note that you are signing the Application under penalty of perjury, so you must remember that intentionally false or misleading statements may subject you to criminal penalties.

b.) The Confidential Information Sheet
The second document to be completed is called a Confidential Information Sheet. This document will not be made available to the general public or to the Adverse Party.

For several reasons, it is critical that you fill out this document as completely as possible:

• This document will provide information to the court so that the court can contact you and provide information about upcoming hearings or activities in your case.
• This information is needed by law enforcement agencies for purposes of service. Protection orders must be served pursuant to Rules of Civil Procedure.
• If you do not have an address for the adverse party, or if the sheriff/constable cannot effectuate service at the address given, you have the ultimate responsibility for having the adverse party served by a private process server or other means.

Step 3: Wait for the Court's Decision
When you file your Application and Confidential Information Sheet, the court will assign your case to a judge who will review your information. The judge may either:

• Deny your Application
• Grant your Application; or
• Schedule a hearing on your Application

If the judge denies your Application, you will be mailed an Order that states the reasons for the denial. If you disagree with the judge's decision, you may:

• File a Motion asking that the judge reconsider the decision;
• File a new Application; or
• File an appeal

If the Judge grants your Application, you will be mailed a Temporary Protection Order and the sheriff will serve the Temporary Protection Order on the Adverse Party. Please note, the order is not effective until it is served.

If the Judge schedules a hearing on your Application, you will be mailed the Order scheduling the hearing and the sheriff will serve the Order on the Adverse Party.

Step 4: File A Motion To Extend Order For Protection if you want the Temporary Order to continue longer than 30 days.
A Temporary Protection Order is only effective for up to 30 days from the date of service. If you want the Order to be extended for up to one year, you must file a Motion requesting that the court extend the Order prior to its expiration. If you file such a Motion, the court will schedule a hearing and the Temporary Protection Order will automatically remain in force until that time.

Step 5: Attend the Hearing
The court cannot issue an Extended Order For Protection without a hearing. The court will mail you an Order scheduling a hearing and the sheriff will serve the Order on the Adverse Party.
This is your opportunity to explain to the judge why you need an Extended Order For Protection. You should plan on bringing any supporting documentation that you have not already provided to the court and any witnesses that you believe will support your request to have an Extended Order issued. See How to Represent Yourself in Court for more information about preparing for your hearing.