Requirements of a Restraining Order
In Nevada, a person subjected to domestic violence, sexual abuse, or stalking can petition the court for a restraining order against their alleged abuser or stalker. However, a petitioner must meet various requirements to obtain a restraining order, and different requirements apply to initial temporary orders and final extended orders.
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Understanding Restraining Orders & How They Work
In Nevada, a person may apply for a restraining order (also called an order of protection) against another individual under various circumstances. An individual may apply for an order of protection against:
- Domestic violence
- Sexual assault
- Stalking and harassment
Nevada courts issue two types of restraining orders: temporary and extended orders. A court may issue a temporary order of protection based on the petitioner’s testimony and evidence at the outset of a case. Temporary orders can last up to 45 days or until the court holds a hearing for an extended order. If the respondent purposely avoids service of the temporary order, the court can extend its duration.
A court can issue an extended order of protection following a hearing where the petitioner and the accused can present evidence and witness testimony. Extended orders can last for up to two years.
A restraining order can impose various restrictions and requirements on the accused person, with specific restrictions in an order based on the petitioner’s need for protection. Common restrictions include:
- Forbidding future threats, harassment, or efforts to harm, intimidate, or injure the petitioner or their family members
- Requiring the subject of the order to vacate a residence shared with the petitioner
- Prohibitions on entering or approaching the petitioner’s home, school, place of employment, or other specified locations
- Withdrawing custody over children shared with the petitioner
- Requiring the subject of the order to pay child support to a petitioner when they share children or to make rental or mortgage payments on a shared residence
- Ordering the subject of the order to pay the petitioner’s legal fees and other expenses incurred to obtain the restraining order
- Requiring the subject of the order to surrender any firearms to law enforcement or a licensed firearms dealer and prohibiting them from acquiring or possessing firearms during the order’s duration
When an alleged abuser gets charged with a crime for the alleged acts, the criminal court presiding over the charges can also issue a restraining order.
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Legal Requirements for Obtaining a Restraining Order
Requirements for applying for a restraining order in Nevada may vary depending on the underlying predicate acts for the restraining order. Restraining order requirements for domestic violence in Nevada include:
- The petitioner must suffer an act of domestic violence perpetrated by their spouse, ex-spouse, anyone related by blood or marriage (except for a sibling or cousin unless in a custodial or guardianship relationship), a current or former dating partner, or someone with whom the petitioner shares a child.
- The petitioner must experience a predicate act of domestic violence, such as battery, assault, coercion, sexual assault, false imprisonment, harassment, or any other criminal activity committed with the intent to harass the petitioner.
A person may apply for a restraining order following a sexual assault, harassment, or stalking incident.
Applicants for restraining orders must be at least 18 years old. Minors seeking a restraining order must have a parent, guardian, or another adult apply on their behalf.
The Restraining Order Process
When a person applies for a restraining order, they must submit a petition to the court detailing allegations against an alleged abuser or stalker to establish grounds for the order. Based on the allegations, the court may issue a temporary order lasting until the court can hold a hearing for an extended order. The court will have the temporary order served on the alleged abuser or stalker, or the petitioner can have the police or sheriff serve the order.
In most cases, the court will hold a hearing on an abuse or stalking petition within 45 days. However, the accused party can request an earlier date for a hearing to get the temporary order dismissed. At the hearing, the petitioner and the accused party can appear before the court to present evidence and testimony supporting their positions. The petitioner must prove that the accused individual committed domestic violence, sexual abuse, harassment, or stalking. The accused can present evidence and testimony to contradict the petitioner’s allegations.
If the court finds that the alleged predicate acts have occurred and that the petitioner needs a restraining order for future protection, it will issue an extended order of protection. The court will determine which specific restrictions to include in the order based on the circumstances of the case, such as the nature of the parties’ relationship, whether they share children, and any history of domestic violence or abuse. The police will serve the extended order on the accused person.
What Happens After the Court Issues a Restraining Order?
After the court issues a restraining order, the person subject to it must follow its restrictions. Violating the terms of a restraining order may expose them to significant consequences, such as a violation proceeding that can lead to fines or criminal charges that may result in a conviction and sentence. Either party can petition the court to modify or dissolve the restraining order based on changed circumstances that demonstrate the petitioner no longer needs the restraining order’s protection.
Contact a Criminal Defense Lawyer to Learn More About Restraining Orders
When a family or household member has filed domestic violence charges against you or someone has accused you of stalking or harassment, you may face the prospect of having a restraining order filed against you. A restraining order can impose significant limitations on your life. Contact the office of De Castroverde Law Group Criminal & Immigration today to discuss your situation in a confidential consultation with an experienced Las Vegas criminal defense attorney. We’ll explain your legal rights and options and provide legal guidance on the next steps that can best protect your interests and preserve your freedom and future.