Getting a Domestic Violence Protection Order in Las Vegas

Under Nevada state law, you may ask a court to issue a domestic violence protection order (also called a restraining order) when you have a specific relationship with another person who exhibits conduct that qualifies as domestic violence. While you are not required to have a lawyer to seek a protection order for domestic violence, the laws and process are complicated and can be intimidating. An experienced family law attorney helps you navigate and understand the process and provides crucial emotional and moral support during all stages of the proceedings.

Who Is Eligible for a Domestic Violence Protection Order?

Under NRS 33.018, which establishes the eligibility requirements for a domestic violence protection order, the law requires an individual to have a specific relationship with the person whose conduct meets the criteria for domestic violence. The following people are eligible:

• A spouse or ex-spouse
• Any individual related by blood or marriage, but not a sibling (brother or sister) or cousin, unless there is a custodial or guardianship relationship
• A person with a current or past dating relationship (as defined in the statute)
• An individual who has a child in common
• A minor child of any of the above people or of the abuser, or a person appointed as custodian or guardian for the abuser’s minor child

For a minor child under the age of 18, a parent or guardian can file the application.

What Constitutes Domestic Violence for a Restraining Order?

Only the following specific conduct meets stated statutory criteria qualifies as domestic violence for purposes of requesting a restraining order:

• A battery, assault, or sexual assault
• Coercion under NRS 207.190
• A “knowing, purposeful or reckless course of conduct intended to harass,” such as (but not limited to) stalking, arson, trespassing, larceny, destruction of private property, carrying a concealed weapon without a permit, injuring or killing an animal, burglary, invasion of the home
• False imprisonment
• Pandering

Establishing the nature and eligibility of the conduct for the court is an area where legal representation is extremely valuable in a protection order application. An experienced lawyer knows how to evaluate the conduct, collect evidence of the conduct, and present that evidence to the court. Without the benefit of an attorney, an applicant may have difficulty establishing the requirements for issuance of an order, even in qualifying circumstances.

Domestic Violence Protection Order Process

There are two types of restraining orders in Nevada: A temporary order for protection and an extended order for protection.

The court can issue a temporary order for protection based on the evidence presented in the application. The decision on a temporary order must be made within one day of filing of the order. After the respondent is served with the temporary order, the court holds a hearing on whether to issue an extended order for protection. A temporary order lasts for up to 45 days or until the hearing. In some circumstances, the temporary order may last longer.

A temporary order also may be issued if the abuser was arrested and is in police custody or jail. In that situation, it is necessary to communicate directly with a judge. In either situation, getting help from a lawyer in preparing the application can significantly improve the chances of getting a temporary order issued.

Legal representation at an extended order hearing is always recommended and is especially important if the respondent is represented by legal counsel. Both sides present evidence during the hearing. After the hearing, the judge decides whether to issue an extended order, which may last for up to two years.

Contents of a Protection Order for Domestic Violence

State law gives Nevada judges broad authority and discretion in providing protections for an individual subjected to domestic violence in both temporary protection orders and extended protection orders. The court includes all provisions necessary to address the specific circumstances of the case.

For a temporary order, examples of specific provisions include (but are not limited to):

• Awarding temporary custody of children
• Ordering the abuser to stay out of the applicant’s home
• Forbidding threats, harassment, or injury to an adult or their minor child directly or through a third party
• Prohibiting the abuser from going to a place of employment, school, or other specific location
• Prohibiting the abuser from taking possession of, or injuring or threatening to injure, an animal owned by the applicant or their minor child, either directly or through a third party
• Anything necessary to address an emergency situation or otherwise protect the applicant

In issuing an extended order, the judge may include any of the temporary order provisions above, as well as the following additional terms:

• Award custody and order the abuser to pay child support
• Establish visitation arrangements and require supervision by a third party if necessary
• Order the abuser to make rental or mortgage payments for the applicant’s home
• Order payment by the abuser of reimbursement for lost earnings and expenses and payment of the applicant’s costs and fees for the protection order proceeding
• Make arrangements for care and possession of an animal owned by a party or minor child
• Provide terms relating to firearms, as permitted by the statute

Having representation by an experienced attorney is the best way to ensure that any temporary or extended order includes all the necessary terms to provide full protection against domestic violence.

After the court issues an order, violation of any of the terms by the abuser can result in serious criminal charges. The court may also hold the abuser in contempt for violations and impose various penalties.

After a domestic violence protection order is issued, options for dissolving (terminating) or changing the order are limited. An appeal or a petition requesting dissolution or modification are the only alternatives.

Schedule a Free Consultation with a Las Vegas Protection Order Attorney

If you consider getting a protection order for domestic violence, Las Vegas family law attorney Joseph Gersten has the skills and experience to help you navigate through the laws and court system. Your first consultation and case evaluation are always free-of-charge. Contact us to schedule your free consultation.