Requirements of a Restraining Order

A lot of emotion goes into our work relationships, romantic relationships, family relationships, and friendships. Sometimes, these relationships fall apart. Unfortunately, not everyone is ready to accept this as a part of life, and some relationships become stormy, unpredictable, and maybe even scary. One party may threaten or harass the other, forcing their partner to take refuge in the law.

Request a Legal Case Evaluation

Thankfully, the law provides the harassed partner with options. Under Nevada statutes, you can apply to a court for a restraining order for the other person to stay away from you to ensure your safety.

What’s a restraining order, and what does it require? Our team of attorneys at De Castroverde Law of Las Vegas can help you if you’ve been named in one. Here’s what you need to know about restraining order requirements.

What’s a Restraining Order?

Restraining orders, more commonly known as orders of protection, are meant to protect individuals who feel at risk of physical violence, harassment, or stalking. They are also sometimes known as protection from abuse or protective orders. Restraining orders have a simple intent—they’re court orders that require you to stay a certain distance away from the person who claims to feel threatened. Violating a restraining order comes with criminal penalties, including up to six months in jail and a $1,000 fine.

Different Types of Restraining Orders

Nevada law offers two types of restraining orders: a temporary protective order and an extended protective order. The temporary order is intended for people who feel they’re in immediate harm and can be issued without notifying the alleged aggressor. Nevada allows temporary protective orders to stay in place for up to 30 days.

Extended protective orders require additional litigation. To get a court to issue an extended protective order, you must notify the other party or parties, and the court will schedule a hearing to present evidence and gather the facts.

Our team of attorneys at De Castroverde Law Group can provide legal counsel to help you navigate the process of obtaining a restraining order.

How Do You Get a Restraining Order in Nevada?

Both temporary and extended protective orders require applying to a local court with the proper jurisdiction. In Las Vegas, for example, you’d fill out and apply for a domestic violence protective order with the Clark County Family Court.

Make sure you fill out the entire form correctly, or the court may reject your request. Depending on local rules, you may have to go to a different court for a protective order relating to stalking or harassment. Judges have one calendar day to act on a temporary protective order request. Extended protective orders, which can be in effect for a year, must be scheduled for a hearing within 45 days of filing.

Also, ensure you’re requesting the proper forms for your request. A few years ago, court administrators developed a standard set of restraining order requests for use in cases of harassment, stalking, or violence. There are separate orders for the following:

  • Domestic violence.
  • High-risk protective orders.
  • Stalking and harassment protection.
  • Sexual assault protection
  • Workplace harassment.
  • Minor child protection.

What’s the Punishment for Violating a Restraining Order?

Temporary and extended protective orders have the force of law. If you’re convicted of violating an order of protection, you can be arrested and face punishment. Generally, violating a protective order is considered a misdemeanor under Nevada law, punishable by up to six months in jail and a $1,000 fine. Sadly, sometimes the restraining order fails, and the person who makes the request becomes a crime victim. In that case, the person charged may face additional time for the underlying crime.

The criminal defense attorneys at De Castroverde Law Group also counsel individuals charged with violating a protective order. We’ll protect your rights to ensure that the proper evidence is presented to justify the request for the order of protection. We can also defend you against related charges. If you’re arrested on charges of violating an order of protection, contact our team for a consultation to represent you.

Differences Between a Restraining Order and an Injunction

Restraining orders have a specific application in the context of public safety. They require individuals believed to be guilty of stalking or violence to stay away from the person who requested the order.

You might hear other terms related to restraining orders that are important to understand. A temporary restraining order is a court order issued in a civil dispute asking a judge to put something on hold. It might be a construction project that someone feels was improperly approved or a law that may be tested for its constitutionality. The temporary restraining order attempts to preserve the status quo or hold things as they are until future court proceedings occur.

An injunction is also a court order but has more permanence than a temporary restraining order. In many jurisdictions, you may hear them called “permanent injunctions.” Again in a civil context, these are appealable orders that require something to stop. Generally speaking, temporary restraining orders and permanent injunctions may or may not be applied in a domestic violence, stalking, or harassment case.

Choose De Castroverde Law Group for Defense

Our experienced defense attorneys at De Castroverde Law Group are ready to represent your interests and protect your rights. Our team, including former prosecutors, has over 12 decades of combined legal experience. In addition to matters relating to restraining orders, our team provides representation in all types of criminal matters, including assault, battery, bad checks, casino arrests, casino markers, disorderly conduct, rape, and murder.

De Castroverde Law Group provides aggressive, dependable legal representation. Brothers Alex and Orlando De Castroverde founded the law firm in 2005, building on the practice established by their father, Waldo De Castroverde. We offer a full complement of bilingual attorneys and staff. Call us or contact us online for a consultation.

Photo Credit: Legal Gavel by Blogtrepeneur is licensed with CC by 2.0