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Las Vegas Protective Order Attorney

A Las Vegas protective order attorney helps clients navigate Nevada’s temporary and extended protective order process — whether you need to obtain protection or defend against an order filed against you. Protective orders, commonly called restraining orders or TPOs, are court orders that restrict contact between parties in domestic violence, stalking, and harassment cases. In Nevada, a temporary protective order can be issued the same day it is filed without any hearing or notice to the respondent. That person then faces a court date within forty-five days where a judge decides whether to extend the order for up to two years. The domestic violence defense team at De Castroverde Law Group represents respondents throughout Clark County who are fighting protective orders and the serious consequences that come with them.

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How the Protective Order Process Works in Nevada

Understanding the TPO Nevada process is essential for anyone who has been served with a protective order. Under NRS 33.020, a person seeking protection from domestic violence files an application with the court. The court must rule on the application within one judicial day, and a temporary protective order can be granted without notice to the adverse party — meaning the respondent typically learns about the order only when served by a sheriff or process server.

The temporary order remains in effect for up to forty-five days under NRS 33.080. During that period, the court schedules an adversarial hearing where both parties present evidence and testimony. If the petitioner proves domestic violence occurred by a preponderance of the evidence, the court may issue an extended protective order lasting up to two years. If the extended order exceeds one year, the court must enter a specific finding of fact justifying the longer duration. The respondent has the right to an attorney, to present witnesses, and to cross-examine the petitioner at this hearing. If the respondent fails to appear, the court may grant the extended order by default.

Types of Protective Orders in Nevada

Nevada law authorizes several types of protective orders, each governed by different statutes and carrying distinct consequences.

Domestic violence protective orders under NRS 33.020 are the most common type filed in Las Vegas. These protect against abuse, threats, or harassment between household members, family members, dating partners, or people who share a child. A restraining order Las Vegas courts issue under this chapter follows the timeline described above — ex parte issuance, forty-five-day temporary period, adversarial hearing, and potential two-year extended order.

Stalking and harassment protective orders under NRS 200.591 protect victims of criminal stalking or harassment. These carry more severe violation penalties — a first violation of a temporary stalking order is a gross misdemeanor, and violating an extended stalking order is a Category C felony. Our stalking defense page covers the criminal charges that often accompany these orders.

Workplace protective orders under NRS 33.200 through NRS 33.360 allow employers to petition on behalf of employees who face threats or violence at work. Sexual assault protective orders are available under separate provisions of Nevada law. Each type of order carries its own penalty structure for violations, making it important to understand which statute governs your case.

What a Protective Order Restricts

Under NRS 33.030, courts have broad authority to include specific restrictions in protective orders. A temporary order may prohibit the adverse party from threatening or injuring the protected person, require the adverse party to stay away from the protected person’s residence and workplace, exclude the adverse party from a shared home, and grant temporary custody of minor children.

An extended order can include all of the above plus additional provisions such as specific visitation arrangements, restrictions on communication, orders to pay rent or mortgage on a shared residence, and requirements to pay costs and attorney fees. Stay-away distances and no-contact provisions are set by the judge based on the circumstances. Even unintentional violations can result in arrest, making it critical to understand the full scope of domestic violence consequences that flow from a protective order.

Defending Against a Protective Order in Las Vegas

If you have been served with a temporary protective order, the adversarial hearing is your opportunity to present your side. Understanding how to fight a TPO Nevada courts have issued starts with knowing the legal standard — the petitioner bears the burden of proving that domestic violence or the threat of domestic violence occurred by a preponderance of the evidence, meaning more likely than not.

A protective order defense attorney Las Vegas respondents rely on prepares a comprehensive defense by gathering evidence that contradicts the petitioner’s allegations, identifying witnesses who can testify about the circumstances, preserving text messages, emails, and other documentation that undermine the petitioner’s narrative, and challenging the credibility of the petitioner’s testimony through cross-examination. The respondent also has the right to subpoena witnesses and documents.

In cases involving allegations of spousal abuse, the defense often examines the full context of the relationship and any history of mutual conflict. Some respondents face TPO filings as a tactical move during divorce or custody disputes rather than in response to genuine threats. A thorough defense requires early preparation — gathering evidence, identifying witnesses, and developing a strategy well before the hearing date. De Castroverde Law Group’s defense team prepares respondents for every aspect of the adversarial hearing.

Penalties for Violating a Protective Order Under NRS 33.100

Violating a protective order is a criminal offense under NRS 33.100 with penalties that escalate based on the type of order and the number of prior violations.

Violation Type Classification Potential Penalty
Violating a temporary order Misdemeanor Up to 6 months jail, up to $1,000 fine
First violation of extended order Misdemeanor Up to 6 months jail, up to $1,000 fine
Second violation of extended order Gross misdemeanor Up to 364 days jail, up to $2,000 fine
Third+ violations of extended order Category D felony 1–4 years prison, up to $5,000 fine
Firearm violation (NRS 33.031) Category B felony 1–6 years prison, up to $5,000 fine

What constitutes a violation includes any intentional contact with the protected person — whether in person, by phone, through text messages, via social media, or through a third party acting on the respondent’s behalf. Even responding to a message initiated by the protected person can be alleged as a violation. The statute requires the violation to be “intentional,” but respondents should avoid all contact with the protected person to prevent allegations that could result in arrest and additional charges.

Protective Orders and Firearm Rights

A protective order can have significant consequences for firearm rights under both Nevada and federal law. Under NRS 202.360, a person subject to an extended protective order that specifically includes a firearms prohibition may not own or possess firearms. Violation is a Category B felony carrying one to six years in prison. Temporary ex parte orders do not trigger this state firearms prohibition.

At the federal level, 18 U.S.C. Section 922(g)(8) prohibits firearm possession by persons subject to qualifying domestic violence protective orders issued after a hearing where the respondent had notice and an opportunity to participate. The United States Supreme Court upheld the constitutionality of this provision in United States v. Rahimi in 2024. Because ex parte temporary orders are issued without notice to the respondent, they generally do not trigger this federal prohibition — but extended orders issued after an adversarial hearing do.

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Frequently Asked Questions About Protective Orders in Las Vegas

A protective order carries consequences that extend far beyond the courtroom — from firearm restrictions and custody implications to escalating criminal penalties for violations. Whether you have been served with a temporary protective order or are preparing for an extended order hearing, acting quickly gives you the best chance of protecting your rights and your future. De Castroverde Law Group’s criminal defense team handles protective order cases throughout Clark County. Learn more about our firm, then contact our Las Vegas office to speak with an experienced Las Vegas protective order attorney.

A temporary protective order lasts up to forty-five days under NRS 33.080. If the court issues an extended protective order after the adversarial hearing, it can last up to two years. If the extended order exceeds one year, the court must enter a specific finding of fact justifying the longer duration.

Yes. The adversarial hearing is the respondent’s opportunity to fight a TPO Nevada courts have issued. You have the right to hire an attorney, present evidence, call witnesses, and cross-examine the petitioner. If you demonstrate that the petitioner has not met their burden of proof, the court will deny the extended order.

NRS 33.100 requires that violations be intentional. However, even well-meaning contact can be reported as a violation and lead to arrest. If you are charged with a violation, an attorney can argue that the contact was accidental or that you were unaware of the order’s specific terms. The safest approach is to avoid all contact with the protected person.

An extended protective order that includes a firearms prohibition triggers restrictions under both NRS 202.360 and federal 18 U.S.C. 922(g)(8). Possessing a firearm while subject to a qualifying order is a Category B felony under Nevada law. Temporary ex parte orders generally do not trigger firearms restrictions because the respondent has not yet had a hearing.

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