Violation of a Protective Order

For people who have suffered domestic violence, protective orders play a pivotal role in safeguarding their rights and safety. These orders carry significant legal weight, signaling the need for respect and adherence. However, being accused of violating a protective order can force you into a legal dilemma.

What Is a Protective Order?

In Las Vegas, a protective order is a court-ordered measure that can help safeguard you from being harmed by a specific person. If you’re feeling unsafe or threatened, getting a protective order may be your appropriate legal option. A skilled attorney can advise you whether you qualify for a protective order and how to apply for one.

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At DeCastroverde Law Group, we’re more than just attorneys. We’re a family-run firm that treats every client like family. We’re here to guide you with care and commitment, and we’re experienced in helping our clients get protective orders for their safety. Call us today for help.

Types of Protective Orders

In Nevada, protective orders are crucial tools for individuals seeking safety from threats or abuse. Protective orders can address specific situations and be temporary or created for an extended period.

Temporary Protective Orders (TPOs)

Courts issue TPOs swiftly to provide immediate protection to people in immediate danger of domestic violence. The court must rule on a TPO petition within one day of filing, and if it grants the TPO, it can be issued for up to 45 days. These orders offer quick relief until a more thorough court hearing can be held to determine whether an extended order is appropriate.

Extended Protective Orders

A person can request an Extended Protective Order. These orders cannot be issued without a court hearing. The petitioning party must provide evidence supporting the need for prolonged protection. A protective order can be extended for up to two years if the court determines the petitioner is in danger.

Domestic Violence Protective Orders

These orders are intended to prevent someone from being abused by family members or significant others. They must be based on a dating or family relationship where domestic violence has occurred. Adult cousins and siblings don’t qualify for a domestic violence protective order.

Civil Harassment Protective Orders

These orders address issues like stalking, harassment, or threats from individuals who do not have close personal or family relationships with the petitioner. Like domestic violence orders, they can be temporary or extended depending on the severity and persistence of the harassment.

Protection Order for Children

Specifically, to safeguard minors from harm, parents or guardians can seek this order against someone who poses a threat to a child’s safety. They must present evidence that someone is committing or has committed a crime against the child involving non-accidental physical or mental injury or sexual exploitation or abuse of the child.

Emergency Protective Orders

An emergency protective order can be requested by Law enforcement officers, family members, or household members who believe a person poses an imminent risk of harming themselves or others can apply this kind of order. As with a TPO, the petition will be heard within one judicial day of filing.

Where Do I Go to Request a Preliminary Protective Order?

The first step in obtaining a preliminary protective order in Nevada is determining the correct venue. For domestic violence, stalking, children, or harassment-related orders, you should file at your local Family Court. This is the Family Division of the Eighth Judicial District Court in Las Vegas. Most workplace-related issues will go to the Justice Court.

When you apply for any protective order, you must provide specific documentation supporting your claims. This includes any proof of threats, harassment, or violence, such as

• Police reports
• Text messages
• Emails
• Witness statements

You’ll need to fill out detailed forms describing the nature of the threat and your relationship to the respondent (the person from whom you seek protection).

The respondent will have the opportunity to defend against the petition by presenting their evidence and arguments at the hearing the court schedules.

How Long Will This Take?

The timeframe varies. A court can issue a temporary order quickly, often within a few days, to provide immediate protection. This temporary order lasts until the hearing, typically within 45 days. At this hearing, the judge will decide whether to issue an extended order based on the evidence presented.

How Much Does It Cost to File for a Protective Order?

Generally, there is no filing fee or fee to serve the respondent for protective orders across Nevada. This applies to most types of protective orders, whether they pertain to domestic violence, stalking, harassment, or child safety. This policy ensures that all residents can pursue safety and security without concern over costs.

Effects of Protective Orders in Las Vegas

In Las Vegas, protective orders are essential tools designed to safeguard individuals from threats or abuse. These orders include several key provisions:

• Prohibition of Contact: The order can prevent the respondent from contacting the petitioner, including physical proximity. This helps maintain a safe distance between the individuals.
• Removal from Residence: If the respondent shares a residence with the petitioner, the order can require them to vacate the premises. This step is vital for ensuring the petitioner’s safety within their own home.
• Firearm Restrictions: Protective orders may restrict the respondent’s possession of firearms. This measure aims to decrease the risk of violence, particularly in high-tension situations.
• Temporary Custody: The order can grant the petitioner temporary custody of children or pets, protecting them from potential harm and providing stability during turbulent periods.

Each of these provisions plays a crucial role in enhancing the safety and well-being of those threatened by violence or harassment in Las Vegas.

Enforcement of Protective Orders

In Nevada, the enforcement of protective orders is stringent, with specific penalties for violations designed to underscore the seriousness of these orders. For a first offense, violating a protective order is a misdemeanor, which can result in:

• A fine of up to $1,000
• Imprisonment in county jail for up to six months

If the violation involves aggravating factors or if the offender has prior convictions, the charges can escalate to either:

• Gross misdemeanor, for which the term of imprisonment can be up to 364 days in county jail
• Felony, with state prison terms ranging from one to five years, depending on the specifics of the case and the offender’s criminal history.

These stringent measures reflect the state’s commitment to upholding the protective rights of individuals and ensuring their safety.

Contact Our Team Today

It’s important to stay vigilant and proactive about your protective order. Sometimes, you might need to revisit and adjust the order with the help of your attorney to address new or ongoing threats effectively. Keep in touch with the criminal law professionals at DeCastroverde Law Group, who can guide you through these challenges and help you strengthen your protection.