Protective Orders / Restraining Orders
In Nevada, an Order from the Court to stay away from a person or a place is referred to as a “Protective Order.” In many other areas of the Country these are referred to as “Restraining Orders.”
There are two distinct types of Protective Orders in Las Vegas. One is a Protective Order against Domestic Violence, issued through the Family Court. The second is a Protective Order against Harassment and Stalking, issued through the Justice Court. While there are certainly exceptions, for the most part, when the Protective/Restraining Order is issued between people involved in a domestic relationship, such as a husband and wife, the Order is sought in the Family Court. When an Order is sought to prevent a neighbor or business associate from harassing another party, the Order is issued in Justice Court.
To obtain an Order of protection, the correct forms must be filed with the appropriate Court. A Judge reviews the application for the Protective Order and does one of three (3) things. The Judge 1) Signs the Order granting protection; 2) Denies the Order and does NOT grant protection; or 3) Orders a hearing to determine whether the Order should be granted.
Once a Judge signs an Order of protection, a copy of the Order must then be served on the Adverse Party. Even though the Order has been signed, it does not go into effect until it is served on the other side.
In addition to the two different types of orders, there are also two forms of Protective Orders:
- Temporary Order of Protection: Generally speaking, Protection Orders are initiated through the issuance of Temporary Order of Protection. A Temporary Order only lasts thirty (30) days from the date of service on the adverse party. If the Order is never served within the first 30 days of the Judge signing the Order, it expires, and a new Order must be applied for.
- Extended Order of Protection: To obtain an Extended Order of Protection it must be applied for within the 30 day period a Temporary Order is in place. If an Extended Order is granted it can last as long as set into place by the Judge, but no longer than one (1) year from the date the Extended Order is signed by a Judge. If the Temporary Order has already expired, an Extended Order cannot be granted.
A Protective Order can be fashioned to keep an individual away from a certain place, such as a residence, place of work or a commonly visited location. It can also be fashioned to keep an individual, such as the person asking for the protection or their minor children.What if I Violate an Order Against Me?
It is important to note that anyone who violates a Temporary Order of Protection is committing a criminal offense. The penalty is up to one (1) year in jail and a fine of $2,000.
Anyone who is in violation of an Extended Protection Order is committing a felony criminal offense and is facing one (1) year to five (5) years in prison and a fine of $10,000.
If you have an Order of Protection in place against you, you should NOT violate it. You SHOULD call an attorney right away to discuss your rights and how to respond to the Order.I Have a Protective Order Against Me. What Should I do?
The first thing you should do is hire a lawyer. Ask your attorney about fighting the Order and attempting to dissolve the Order. An experienced and knowledgeable Protective Order Attorney can assist you with how best to approach your situation. It is imperative that you know your rights and the consequences you face if you have a Protective Order filed or granted against you. It is extremely important that a trained professional assists you you’re your Protective Order so that you can avoid the many consequences you face if you are found to be in a violation.I Want to get a Protective Order Against Someone Else. Can You Help?
We are often asked to assist with this very issue. Many times, after the breakup or dissolution of a relationship, whether it be romantic or business, one side feels threatened by the other. This is precisely the scenario a Protective Order is designed to prevent. Our firm is often called in to ensure the safety or security of an individual by moving the Court to issue a Protective Order against a harassing or violent party. We have been very successful in helping our clients obtain the peace of mind they seek by obtaining Orders of Protection against violent, harassing or stalking individuals.
If you have had a Protective Order issued against you, or need a Protective Order issued against someone else, call the Law Firm of Hofland & Tomsheck today. Partner Josh Tomsheck is extremely experienced in arguing before the Courts in Las Vegas to dissolve Protective Orders that should not be in place, and in obtaining Protective Orders where they should. We will evaluate your case and immediately begin fighting for you and your rights. Call today (702) 895-6760.