• What is Workplace Harassment?
• How To Apply For A Protection Order Against Workplace Harassment?
• Frequently Asked Questions
• Forms

What is Workplace Harassment?
Harassment in the workplace occurs when:

1. A person knowingly threatens to cause or commits an act that causes:

   a. Bodily injury to himself or another person;
   b. Damage to the property of another person; or
   c. Substantial harm to the physical/mental health or safety of a person

2. The threat is made or the act is committed against an employer, an employee of the employer or a person present at the workplace of the employer; and
3. The threat would cause a reasonable person to fear that the threat will be carried out or the act would cause a reasonable person to feel terrorized, frightened, intimidated or harassed. NRS 33.240.

How To Apply For A Protection Order Against Workplace Harassment?

• Step 1: Identify The Correct Justice Court In Which To File
• Step 2: Notify the Person Who Is The Target of the Harassment And The Adverse Party Of Your Intention to Apply For A Protection Order
• Step 3: File and pay the following:

  a.) An Application For A Temporary Order For Protection Against Harassment In The Workplace
  b.) A Confidential Information Sheet
  c.) Filing fees of $49; and
  d.) A bond of $100 (except in North Las Vegas Justice Court)

• Step 4: Wait For The Court's Decision (the Court will either grant your application, deny it or schedule a hearing)
• Step 5: If you want the Temporary Order to continue longer than 15 days, file A Motion To Extend Order For Protection
• Step 6: 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 the workplace is located.

Step 2: Notify the Person Who Is The Target of the Harassment And The Adverse Party Of Your Intention to Apply For A Protection Order
Step 2.1: Notify the Person Who Is The Target of the Harassment
If an employer has knowledge that a specific person is the target of harassment in the workplace and the employer intends to seek a temporary or extended order for protection against such harassment, the employer is required to make a good faith effort to notify the person who is the target of the harassment that the employer intends to seek such an order. See NRS 33.260

Step 2.2: Notify the Adverse Party
When applying for a temporary Order for Protection Against Harassment in the Workplace, you are generally required to provide written or oral notice to the Adverse Party that you intend to seek such relief. For example, an e-mail, letter, or fax to the Adverse Party would constitute written notice. A telephone call or face-to-face statement would constitute oral notice of your intent to seek this type of protection order.

If you are unable to provide written or oral notice, or if you believe that such notice would be dangerous or impractical, then you must provide certain information in your Application. The precise information required is addressed in Step 3 below.

Step 3: File and Pay
a.) The Application
The Employer or their Authorized Agent must make the application. An employee who is being harassed in the workplace may not file this type of Application on their own but may apply for a different type of protection order (ie an Application for Protection Against Stalking and Harassment, an Application for Protection Against Domestic Violence, etc.)

In the application, the Employer or their Authorized Agent will be known as the Applicant and the person they are requesting a protection order against will be known as the Adverse party.

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.

If you are unable to provide written or oral notice to the Adverse Party prior to filing your Application, or if you believe that such notice would be dangerous or impractical, then you must provide the following information in your Application:

You must list specific facts that clearly show that "immediate and irreparable injury, loss or damage" will result to one of the following individuals before the Adverse Party or his attorney can be heard in opposition:

• The employer,
• An employee of the employer while the employee performs the duties of his employment, or
• A person who is present at the workplace of the employer,
• You must list the efforts, if any, that have been made to give notice to Adverse Party.
• You must list specific facts supporting waiver of the statutory notice requirements.

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.

c.) Filing Fees
Unlike with other types of protection orders, there is a filing fee to obtain a protection order against harassment in the workplace. The current filing fee is $49.00 and must be paid at the time of filing.

d.) Bond
Unlike with other types of protection orders, there is a bond that is required to be posted with the court at the time of filing. The current bond amount required by the courts, other than North Las Vegas Justice Court, is $100.00 and must be paid at the time of filing. A temporary Order for Protection Against Harassment in the Workplace cannot be issued unless the Applicant posts this bond.

If the judge either denies the Application or issues a protection order that expires, the Applicant can file a Motion to Release Bond (link to form). If the Judge dissolves a TPO against the Adverse Party, the Adverse Party may file a Motion for an Award from the bond in which event the court may give award some or all of the bond amount to the Adverse party.

Step 4: Wait For The Court's Decision (the Court will either grant your application, deny it or schedule a hearing)
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 5: If you want the Temporary Order to continue longer than 15 days, file A Motion To Extend Order For Protection
A Temporary Protection Order Against Workplace Harassment is only effective for up to 15 days from the date of issuance. 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 6: 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.