How to File a Restraining Order: Steps to Take
Nevada law allows anyone who believes they have been the target of an act of domestic violence, sexual assault, harassment, or stalking to ask the court for a restraining order against the person they believe committed that act. The goal of these restrictions is to prevent or reduce the risk of future acts of abuse or harassment. To file for a restraining order, a petitioner will need to fill out court forms and attend hearings to establish why they need the order for protection.
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Understanding Restraining Orders
Nevada law entitles residents to petition the court for a restraining order, also known as an order of protection. Nevada recognizes several types of orders for protection, including:
- Orders for protection against domestic violence
- Orders for protection against sexual assault
- Orders for protection against stalking/harassment
- Orders for protection of children
- Orders for protection against workplace harassment
During a restraining order proceeding, a court may issue two types of restraining orders: temporary and extended orders.
- A court may issue a temporary order for protection if it finds that the petitioner has established that they have experienced abuse, harassment, or stalking or have received a threat of violence. Temporary orders for protection can last up to 45 days or until the court schedules a hearing for an extended order for protection.
- A court will then conduct hearings in which both an alleged victim and accused can present evidence and testimony in support of their respective positions. If the court finds that an accused has committed domestic violence, abuse, or stalking, it will issue an extended order for protection. These orders can last for up to two years, although courts can set shorter expiration dates.
A Nevada restraining order can impose various restrictions on a person accused of abuse, stalking, or harassment, such as:
- Prohibitions on future threatening or harassing behavior or attempts to injure the petitioner or their family members
- Requirements for the accused to vacate a residence shared with the petitioner or to continue making mortgage/rental payments despite that
- Orders granting the petitioner temporary sole custody of children shared with the accused and requiring the accused to make child custody payments
- Prohibitions on entering or approaching the petitioner’s home, school, place of work, or other locations designated by the court
- Requirements for the accused to surrender firearms to law enforcement or licensed firearms dealers and prohibitions on acquiring or possessing firearms
Eligibility for a Restraining Order
A petitioner’s ability to obtain a restraining order will depend on what type they’re seeking. For a domestic violence restraining order, they must have suffered an act of abuse committed by:
- A spouse or ex-spouse
- Anyone related to the petitioner by blood or marriage (except for a sibling or cousin unless in a custodial or guardianship relationship)
- Someone with whom the petitioner has a current or former dating relationship
- Someone with whom the petitioner shares a child
A petitioner may seek an order for protection from sexual assault against a person who they believe has committed a sexual assault against the petitioner, whether or not related to the petitioner. Similarly, a petition may petition for an order for protection against harassment/staking against someone who has stalked or harassed them. Finally, an employer may apply for an order for protection against harassment in the workplace after the employer, one of their employees, or any other person present in the employer’s workplace has received a threat of injury or property damage.
A minor seeking an order for protection must apply through a parent, guardian, or another adult.
Steps to Take When Filing for a Restraining Order
A petitioner seeking a restraining order must follow several steps in applying to the court. First, they should gather supporting documentation and evidence for their application, such as photographs, surveillance video, witness statements, or medical records. Next, the petitioner must obtain the appropriate application form, depending on which type of restraining order they need. Those seeking orders of protection from domestic violence must obtain application forms from the county family court. The county district court will provide the application forms for other types of restraining orders.
After filling out the appropriate application form(s), a petitioner must apply to the family court or district court clerk in the country where the petitioner resides. If needed, a petitioner can ask the court to issue a temporary order for protection to protect themselves from domestic violence, abuse, or stalking/harassment until the court can hold a hearing for an extended order.
The Process of Obtaining a Restraining Order
Once it has received the application for a restraining order, the court reviewing the petition will determine whether grounds exist to issue a temporary order for protection if requested by the petitioner. The court will also schedule a hearing for the parties to present evidence and witness testimony for or against the issuance of an extended order. The hearing must occur within 45 days of the application filing. However, the court can reschedule the hearing and extend the temporary order if the accused intentionally avoids service of the complaint and temporary order.
Both parties can present evidence and testimony to argue for or against an extended order at the court hearing. If the court finds that a predicate act of abuse or stalking/harassment has occurred and that the petitioner needs a restraining order for their future protection, it will issue an extended order containing specific restrictions based on the need to prevent future abuse.
Contact a Criminal Defense Attorney Today to Learn More About Restraining Orders in Nevada
Has someone filed for a restraining order against you in Nevada? If so, it’s critical that you understand what to expect during the legal process so that you can protect your rights, interests, and reputation. Contact De Castroverde Law Group Criminal & Immigration today for a confidential consultation with an experienced Las Vegas criminal defense lawyer to learn more about restraining orders and what to do next.