Las Vegas Lawyer for Domestic Violence Temporary Protection Orders
Experienced Family Law Attorney in Clark County, Nevada
Under Nevada law, the District Court in Clark County may issue a temporary protection order when a person threatens domestic violence or commits an act of domestic violence. The temporary order lasts for up to thirty (30) days and can be followed by an extended protection order lasting up to a year. Temporary and extended protection orders can have significant implications for both individuals who are involved.
Our family law practice at The Gersten Law Firm includes assisting clients in securing and defending against temporary and extended protection orders for domestic violence. Attorney Joseph Gersten’s substantial experience in Las Vegas family law issues and protection orders significantly benefits every client. Your initial consultation is always free-of-charge.
Clark County Process for Temporary Protection Orders for Domestic Violence
In Las Vegas, the Family Division (often called Family Court) of the Eighth Judicial District Court handles domestic violence temporary protection orders, as well as extended orders. These orders also are referred to as TPOs, restraining orders, or DVPOs. (The Clark County Justice Court handles protection orders for other situations, including stalking, harassment, harm to children, sexual assault, and workplace harassment.)
A specific Nevada law governs temporary and extended protection orders for domestic violence, as well as other types of TPOs. Domestic violence involves individuals who have a specific relationship with each other, including:
- Spouses or former spouses
- Individuals in or formerly in a dating relationship
- People related by blood or marriage
- Individuals who have a child in common
Actions that constitute domestic violence include a wide range of conduct, such as battery, assault, and sexual assault. Domestic violence also includes other conduct intended to harass, such as stalking, destruction of property or pets, trespassing, and arson.
When an act of domestic violence is committed or threatened against someone, the victim can ask the court to issue a temporary protection order. The TPO usually is issued ex parte (a Latin term meaning “by one party”), which means the adverse party is not represented in the TPO proceeding.
A temporary order remains in effect for thirty (30) days. The order may include provisions that prohibit the adverse party from:
- Entering or visiting the applicant’s or minor child’s home, school, workplace, or other place
- Threatening, injuring, or harassing the applicant or minor child
- Threatening, injuring, or taking a pet owned by the applicant or minor child
In some situations, the court also may award temporary custody of a child to the applicant in the TPO.
In most cases, the person requesting the temporary order also will request an extended protection order, which can remain in place for as long as a year. Before the court issues an extended order, the judge holds a hearing to take testimony and make determinations relating to the extended order.
The adverse party receives notice of both the temporary and extended orders, as well as notice of the hearing on the extended order. After a TPO is issued, compliance with the terms is required. While court matters relating to temporary and extended protection orders are civil proceedings, intentional violation of the terms of either type of order can result in criminal charges.
Consequences of an Extended Protection Order
The court has broad authority in entering an extended order. In addition to including the same provisions contained in the TPO, an extended order may include additional terms such as:
- Prohibiting or limiting communication with the applicant or minor child;
- Determining visitation rights of the adverse party, including requiring supervised visitation;
- Ordering payment of support for the applicant or minor child, the rent or mortgage on the applicant’s residence, costs and fees of the applicant in bringing the action, and compensation for lost earnings and expenses of the applicant due to the proceedings; and
- Prohibiting possession of a firearm by the adverse party and requiring surrender of any firearms, under specific circumstances.
The court determines the terms of a specific extended protection order based on the circumstances in the individual case.
Representation By Experienced Legal Counsel Makes a Difference
Whether you are applying for a temporary protection order or extended protection order, or you are defending against a protection order, the best way to protect your rights and interests is to have an experienced attorney represent you.
Proceedings for protection orders are complex. They require presenting evidence to the court. An order may cover many important issues, including custody and visitation, support payments, and other monetary payments. Having a knowledgeable lawyer present the evidence on your behalf in court hearings gives you the best opportunity to make sure the court hears your side of the case on all the issues before making a final decision.
Schedule a Free Consultation With a Trusted Las Vegas Domestic Violence Temporary Protection Order Attorney
If you are in a situation involving a domestic violence temporary or extended protection order, attorney Joseph Gersten is here to help. He will use his experience and skill to help you navigate the complex process and protect your rights and interests throughout the entire proceeding.
The Gersten Law Firm assists clients in Las Vegas, Henderson, and elsewhere in Clark County. There is no charge for your initial consultation. Call 702.857.8777 or complete our online form to schedule an appointment.