If you have been served a temporary protective order (TPO) in Nevada, it is crucial that you comply with the order. Violating a protective order is a criminal offense that may result in jail time, fines, and other penalties. The most important thing you can do is work with our Las Vegas protective order violation lawyer, who can help you challenge your temporary protective order and work to avoid having an extended protective order (EPO) issued against you.
Penalties for the Violation of a Temporary Protective Order
Following are the penalties that may be imposed for a temporary protective order violation in Nevada (these may vary depending on the particular case):
- 5 days to 6 months in jail
- Fine of up to $1,000 or 200 hours of community service
- Payment of the victim’s attorney fees and medical bills
- Court-ordered counseling
All these penalties may be imposed in addition to the penalties associated with a domestic violence conviction if you are also found guilty of domestic violence. Make sure you involve our Las Vegas criminal defense lawyer, who can build a vigorous defense against your charges from all angles.
Additional Penalties for the Violation of a Protective Order
Las Vegas is serious about keeping its citizens safe. If you were served with a protection order and intentionally violate it, penalties can vary according to:
- The nature of the order and the reason it was issued
- Whether the order was granted to protect a minor
- Whether the order is a temporary or an extended one
- Your criminal record and history of order violations
To avoid immediate arrest and possible conviction on misdemeanor or felony charges, you should avoid any intentional violation of a temporary or extended protective order. If you are facing such charges, our Las Vegas criminal defense attorney can help you build a strong defense strategy or minimize any subsequent penalties.
Protective Order Violations: What You Need to Know
A protective order is another name for what is commonly known as a restraining order. It is illegal in Nevada to violate a temporary or extended restraining order. Doing so is a misdemeanor offense, and people who violate the order can be penalized, per NRS § 33.100. Each time an individual violates a restraining order, it can count as a separate charge, per state law.
It’s important to know the court can grant temporary orders without the adverse party knowing about it, and the order can be issued one judicial day after it is filed, per NRS § 33.020. The best way to avoid violating a protective order is to understand exactly what it prohibits you from doing. When you seek help defending yourself against charges of violating the order, provide our Nevada criminal defense lawyer with a complete copy.
Possible violations include:
- Contacting the person(s) named in the order
- Stalking or harassing the person named in the order
- Loitering at or near their residence, school, or workplace
In some cases, a violation could also include contacting individuals not named in the order, including the named applicant’s relatives or people who share their residence. When our law firm defends you, we carefully review your specific order because no two are exactly alike.
Defense Strategies Our Nevada Criminal Defense Lawyer Develops for You
Even as the accused in an application for a protective order, you have certain rights. When we build a defense for you, we start by listening to your version of the events that led to the issuance of the original order and to the alleged violation.
Your version of events matters, too, so our violation of protective order lawyer serving Las Vegas will listen with compassion and understanding without judgment. Our goal is to elicit details we can use while building your defense.
You Were Not Properly Served
A protective order is in effect when it is properly served. We will fight to prove you were not served and were unaware that you were committing a violation.
The Violation Was Unintentional
If you work at the same place of employment or live in close proximity to the person named in the order, you might unintentionally commit a violation. Our investigation and evidence will establish facts that prove whether this defense applies in your case.
We will also gather evidence and interview witnesses to prove the charges alleged in the original complaint that led to the issuance of a protective order do not apply to you.
Getting a Criminal Record Sealed in Nevada
If the violation of protective order charge against you is dismissed or denied, or if you are later cleared of it, you could seek to have the record sealed promptly. If you are convicted of violating a protective order in Las Vegas, our lawyer can seek to have the record sealed.
Sealing a record of a crime in Nevada means it will not show up on your record should someone run a background check on you. This is important as having a criminal record can affect your job prospects, housing options, and more.
Our Vegas criminal defense attorney can file paperwork on your behalf to ensure it is done properly. Errors can delay the record-sealing process or lead to the denial of your request. Plus, it helps to have an attorney familiar with your case to complete the process for you. They can tell you what documents you will need.
Choose Skilled Criminal Defense in Las Vegas, NV
A Las Vegas criminal defense lawyer from our law offices can meet with you to discuss the alleged violation and determine how to approach your case to help you avoid a conviction. On top of the allegations of spousal abuse, child abuse, or another type of domestic violence-related charge, facing charges of a protective order violation will only make matters worse. A seasoned attorney can work to mitigate the negative consequences of this alleged violation.
Our Las Vegas-based legal team would be proud to fight for your rights and interests; contact De Castroverde Criminal & Immigration Lawyers to retain the tireless advocacy you deserve!