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Protective Order/Restraining Orders In Las Vegas, NV
A plaintiff files for a “protective order”, commonly known as a restraining order, against an “adverse party.” The person requesting the restraining order in these situations is usually someone with whom the petitioner has a relationship or going through a messy divorce. What many don’t know is that temporary protective orders are lawful in Las Vegas Justice Court. A restraining order is only imposed for a limited amount of time, for example, domestic violence restraining orders are only valid for one year after the filing. Judges can also issue “stay away” orders, which are separate from protective orders. There are many distinct kinds of protective orders available to meet a wide range of circumstances which is why it’s important to work with an experienced Las Vegas protective orders attorney to make sure you secure the best outcome for your unique situation.
In Nevada, a protective order can be obtained to prevent stalking, harassment, harm to minors, sexual assault, and even workplace abuse. If you’ve been charged with domestic violence, the Las Vegas Justice Court does not grant restraining orders for domestic violence; instead, they are handled by the District Court Family Division. Generally, for a restraining order to be granted, you must show that the dangerous behaviors occurred more than once. If a protective order is going to expire, it can be extended if the Motion to Extend Order of Protection is approved. If you have been sued for a restraining order, your personal freedoms could be severely restricted, such as where you may go and who you may see. It’s crucial to seek legal help from a restraining order attorney in Nevada who has dealt with these types of cases and can guide you on how best to proceed.
Purpose Of A Restraining Order In Las Vegas
A Nevada order of protection may be presented by anyone who feels that he or she has been stalked, harassed, sexually assaulted, or sexually abused, as well as the parent of a child who believes his or her child has been stalked, harassed, or a victim of sexual assault. The application need not state anything more than someone believing that they are in physical danger. The applicant is referred to as the filer for the order of protection and the person being restrained is referred to as the adverse party.
The Nevada order of protection may demand that the opposing party stop contacting, intimidating, threatening, or otherwise interfering with the applicant and any other acquaintance or family member of the victim. The prohibited acts include:
Types Of Protective Orders In Nevada
As mentioned above, a protective order in Las Vegas can be used to restrict an individual from a certain location, such as their home, job, or a well-traveled spot. It may also be used to keep an individual away from the plaintiff’s child or children. Although the purpose of protection orders is clear, there are two different types of protection orders that you must understand.
Temporary Order Of Protection
In general, a temporary order of protection is issued in order to establish a protection order. A temporary order is valid for 30 days from when it is served on the adversary. If the order isn’t served within the first 30 days after the judge signs it, it expires, and a new order must be filed.
Extended Order Of Protection
To obtain an extended order of protection, it must be pursued within 30 days after a temporary order is granted. An extended order may last as long as the judge specifies, but not more than 1 year from the date it’s signed by a judge. However, if the temporary order has already elapsed, an extended order can’t be issued.
Stalking, Harassment & Nevada Statutes Impacting Protective Orders
In Nevada, stalking and harassing is unlawful as defined in the Nevada Revised Statutes (NRS). The following are some of those crimes that can impact protective orders in Las Vegas and where they may be found in the penal code.
Harassment
Harassment is defined in NRS § 200.571 as threatening to inflict bodily injury, damage to property, subjecting someone to menacing or physical abuse, or doing anything that endangers the physical or emotional health of another person.
1. A person is guilty of harassment if:
(a) Without lawful authority, the person knowingly threatens:
(1) To cause bodily injury in the future to the person threatened or to any other person;
(2) To cause physical damage to the property of another person;
(3) To subject the person threatened or any other person to physical confinement or restraint; or
(4) To do any act which is intended to substantially harm the person threatened or any other person with respect to his or her physical or mental health or safety; and
(b) The person by words or conduct places the person receiving the threat in reasonable fear that the threat will be carried out.
2. Except where the provisions of subsection 2, 3 or 4 of NRS 200.575 are applicable, a person who is guilty of harassment:
(a) For the first offense, is guilty of a misdemeanor.
(b) For the second or any subsequent offense, is guilty of a gross misdemeanor.
3. The penalties provided in this section do not preclude the victim from seeking any other legal remedy available.
Harassment At The Workplace
Harassment in Nevada is the crime of harming another person, damaging their property, or causing them physical/mental suffering by intentionally and knowingly doing harm to them. This threat takes place in the workplace, for example, between an employer and an employee. Even if no physical damage was done, threatening injury is unlawful and litigation can be pursued. According to NRS 33.240, acts that constitute harassment in the workplace include:
1. A person knowingly threatens to cause or commits an act that causes:
(a) Bodily injury to the person or another person;
(b) Damage to the property of another person; or
(c) Substantial harm to the physical or mental health or safety of a person;
2. The threat is made or the act is committed against an employer, an employee of the employer while the employee performs the employee’s duties of employment or a person present at the workplace of the employer; and
3. The threat would cause a reasonable person to fear that the threat will be carried out or the act would cause a reasonable person to feel terrorized, frightened, intimidated or harassed.
Stalking & Aggravated Stalking
Stalking is when a person intentionally engages in a series of acts that a sensible person would consider to be threatening. Additionally, subsection 2 adds that aggravated stalking consists of committing the crime of stalking, but also “in conjunction therewith” making threats with the intention of placing the victim in fear for his or her life or bodily integrity. According to NRS 200.575, the definition and penalties for stalking in Nevada include:
1. A person who, without lawful authority, willfully or maliciously engages in a course of conduct directed towards a victim that would cause a reasonable person under similar circumstances to feel terrorized, frightened, intimidated, harassed or fearful for his or her immediate safety or the immediate safety of a family or household member, and that actually causes the victim to feel terrorized, frightened, intimidated, harassed or fearful for his or her immediate safety or the immediate safety of a family or household member, commits the crime of stalking. Except where the provisions of subsection 2, 3 or 4 are applicable, a person who commits the crime of stalking:
(a) For the first offense, is guilty of a misdemeanor.
(b) For the second offense, is guilty of a gross misdemeanor.
(c) For the third or any subsequent offense, is guilty of a category C felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years, and may be further punished by a fine of not more than $5,000.
2. Except as otherwise provided in subsection 3 or 4 and unless a more severe penalty is prescribed by law, a person who commits the crime of stalking where the victim is under the age of 16 and the person is 5 or more years older than the victim:
(a) For the first offense, is guilty of a gross misdemeanor.
(b) For the second offense, is guilty of a category C felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 5 years, and may be further punished by a fine of not more than $5,000.
(c) For the third or any subsequent offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $5,000.
Threatened Or Actual Harm Against Minors
NRS § 33.440 permits a person to seek a protective order in Nevada against an adversary who has incited physical or mental harm to a kid. This also includes the crime of sexual abuse or exploitation of a minor. According to NRS 200.508, the penalties for abuse, neglect, or endangerment of a child include:
A person who willfully causes a child who is less than 18 years of age to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect.
A person who is responsible for the safety or welfare of a child pursuant to NRS 432B.130 and who permits or allows that child to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect.
A person does not commit a violation of subsection 1 or 2 by virtue of the sole fact that the person delivers or allows the delivery of a child to a provider of emergency services pursuant to NRS 432B.630.
Frequently Asked Questions
What If I Violate A Protective Order Against Me?
It’s critical to remember that breaking a temporary order of protection is a crime and can be punished as such. The penalty for this infraction can range from 1 year in jail and $2,000 in fines to 5 years in prison and $10,000 in fines. If you are found guilty of violating an extended protection order, you face one 1 to 5 years in jail and a fine of $10,000. You should not break your order of protection against you if you have one. However, if it’s alleged that you’ve broken a protection order in Nevada, it’s imperative that you seek legal counsel. To learn more about your rights and how to respond to the order, contact a Las Vegas protection orders attorney today. NRS 33.100 states that the penalty for intentional violation of a predictive order includes:
1. A temporary order is guilty of a misdemeanor.
2. An extended order and:
(a) Who has not previously violated an extended order is guilty of a misdemeanor;
(b) Who has previously violated an extended order one time is guilty of a gross misdemeanor; or
(c) Who has previously violated an extended order two or more times is guilty of a category D felony and shall be punished as provided in NRS 193.130.
How Do I Get A Restraining Order Against Someone?
Many people feel threatened by the other side after a break-up or divorce, whether it’s romantic or business-related. This is precisely the scenario that a Nevada protective order is meant to prevent. We frequently act to ensure the safety or security of a person by petitioning the court to issue a protective order against a threatening or violent individual. We have had tremendous success assisting our clients in obtaining the peace of mind they desire by obtaining orders of protection against violent, harassing, or stalking individuals. If you’re seeking a protection order against another party, contact our Las Vegas restraining order attorney today.
Where Is A Nevada Protection Order Filed?
A “temporary protective order” request for domestic violence can be filed in the Eighth Judicial District Court in Las Vegas, Nevada. To seek a temporary protective order against stalking or harassment by individuals who are not closely related to you, file your petition with the Las Vegas Township Justice Court. The judges in the Las Vegas Justice Court are able to issue temporary protective orders against stalking or temporary protective orders against harassment, but not a temporary protective order against domestic violence.
Contact A Las Vegas Protective Orders Attorney Today
Contact Spartacus Family Law today for an initial legal consultation if you’ve been accused of domestic violence against your spouse or significant other, or are going to have a protective order hearing. Our Las Vegas restraining order lawyer is one of the top family law attorneys in Nevada who can assist you in defending yourself against abuse accusations and assisting you in clearing your name. Contact our office today to learn more about how we can help.