3 Steps to Filing a Restraining Order in Las Vegas

What is a Restraining Order?

According to Wikipedia, a restraining order, also known as a protective order, is a court-issued directive designed to safeguard individuals from situations involving alleged domestic violence, child abuse, assault, harassment, stalking, or sexual assault [1].

Restraining and personal protection order laws vary from one jurisdiction to another but all establish who can file for an order, what protection or relief a person can get from such an order, and how the order will be enforced

The court may command the adverse party to cease specific actions or adhere to certain provisions, with noncompliance resulting in arrest and prosecution. In some areas, violations can also lead to charges of criminal or civil contempt of court.

3 Steps for Obtaining a Restraining Order in Las Vegas

1. Fill Out the Appropriate Forms

• For domestic violence protective orders, visit the Clark County Courts – Family Court / District Court website, read the instructions, and complete the two application forms provided at the bottom of the page.
• For other protective orders (stalking, harassment, sexual assault, harm to minors, or workplace harassment), go to the Las Vegas Justice Court website, follow the instructions, and fill out the relevant forms.

When filling out your application, provide detailed accounts of the instances of abuse or threats, and attach any supporting documentation such as text messages, police reports, or medical records.

2. Submit the Forms to the Proper Court

• For domestic violence protection orders, take your completed forms and ID to the Family Court and Services Center at 601 North Pecos Road, Ste. ADG-450, Las Vegas, NV 89101. The hours are Monday through Friday from 9:00 a.m. to 4:00 p.m. (arrive by 3:00 p.m.). For more information, call (702) 455-3400.
• For other protective orders, bring your forms and ID to the Las Vegas Justice Court at 200 Lewis Avenue, Las Vegas, NV 89101. The clerk’s hours are Monday through Thursday from 7:00 a.m. to 5:30 p.m. and Friday from 8:00 a.m. to 4:00 p.m. For more information, call (702) 671-3116.

After submitting the forms, a judge may issue a Temporary Protection Order (TPO) valid for 45 days, requiring the adverse party to cease their behavior.

3. Apply for an Extended Protective Order

While at the court, request an application for an Extended Protection Order (EPO), which can last up to a year. Unlike TPOs, EPOs require a court hearing where the adverse party can present their side. The clerk will schedule this hearing within 45 days and provide instructions on notifying the adverse party.

At the hearing, you must demonstrate to the judge that an EPO is necessary for your continued safety.

Penalties for Violating a Restraining Order in Nevada

If convicted of violating a restraining order in Nevada, the penalties vary based on the underlying offense:

• Domestic Violence: Up to 6 months in jail and/or fines up to $1,000.
• Workplace Harassment: Up to 6 months in jail and/or fines up to $1,000 for violating a temporary protective order. Up to 364 days in jail and/or fines up to $2,000.
• Harassment: Violating an extended protective order can result in one to five years in prison and fines up to $10,000 (Category C felony).
• Stalking: Up to 364 days in jail and/or fines up to $2,000 for violating a temporary protective order. Violating an extended protective order carries one to five years in prison and fines up to $10,000 (Category C felony).
• Sexual Assault: Up to 364 days in jail and/or fines up to $2,000 for violating a temporary protective order. One to five years in prison and fines up to $10,000 for violating an extended protective order (Category C felony).
• Child Abuse: Up to 364 days in jail and/or fines up to $2,000 for violating a temporary protective order. One to five years in prison and fines up to $10,000 for violating an extended protective order (Category C felony).

Possession of a firearm, when prohibited by a restraining order, is a Category B felony, punishable by 1 to 6 years in prison and potentially a $5,000 fine [2]

Common Legal Defenses Against Restraining Order Violations in Nevada

1. Lack of Intent
A defense lawyer may argue a lack of intent in a restraining order violation case by demonstrating that the defendant was unaware of the restraining order at the time of the alleged violation [3]. This defense hinges on proving that the defendant believed their actions were permissible under the terms of the order. Evidence such as witness testimonies, documents, and other relevant information can be used to show the defendant had no knowledge or understanding of the restraining order, highlighting any inconsistencies or inaccuracies in the prosecution’s evidence.

2. Insufficient Evidence
Even if the defendant was aware of the restraining order, their attorney might argue that there is insufficient evidence linking them to the violation. Any inconsistencies or inaccuracies in the prosecution’s evidence, such as unreliable witness testimonies, can be challenged to reduce or eliminate the charges. By questioning the credibility and consistency of the prosecution’s evidence, the defense can create reasonable doubt.

3. Negotiating Plea Bargains
In some cases, a criminal defense lawyer may negotiate with prosecutors on behalf of their client for lesser charges in exchange for pleading guilty or no contest before trial. This allows defendants to avoid more serious consequences while being held accountable for their actions and demonstrating remorse through appropriate sentencing requirements like community service or restitution payments.

Related Articles:

• How To Beat A Sexual Assault Charge
• How Long Does A Felony Stay On Your Record
• Are Restraining Orders Public Record?

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References:
1. https://en.wikipedia.org/wiki/Restraining_order
2. https://www.adrasandaltiglaw.com/domestic-battery-lawyer/restraining-order-violation/
3. https://www.eastbaylawpractice.com/blog/2023/march/how-to-defend-against-a-restraining-order-violat/