The Nevada court grants restraining orders when it believes that the involved person in the case faces credible threats from someone else. There are times that Protective and Restraining Orders are issued without hearing the other side. A Las Vegas domestic violence attorney can help you file protective restraining order on someone else, or help you prevent the restraining orders filed against you.
What’s the Purpose?
Safety threats to people are normally the reason why they ask for a judge to issue a restraining order. Once the Las Vegas court issues this order, the person who imposes threat is required to stay away and abide by any other conditions the judge deemed necessary. There are 5 main areas that the courts offer which depends on the type of the harm alleged:
- Harm to minors that includes child abuse,
- Workplace harassment, where the employer files the protection order on behalf of the employees,
- Sexual assault that comprises rape and any forcible sexual penetration,
- Stalking and harassment which as opposed to domestic abuse, the person who filed the complaint does not necessarily have to be related to the alleged perpetrator, and
- Domestic violence where the complainant experienced physical abuse, coercion, harassment between relatives, dating partners or roommates.
The person who the protective restraining order is against is referred to as the adverse party by the courts. Restraining orders are civil in nature and not criminal. However, violation of a restraining order constitutes a crime.
The 2 Different Types
There are 2 protective restraining orders that the courts may issue:
- Temporary;
- Extended Protection Orders
The Temporary Protection Orders
Temporary protection order (TPO) is only valid for a short period of time, and no longer than 30 days. TPO is issued in emergency situations because courts always rule the application within one day of filing. The various requirements of TPOs are:
- Granting temporary custody of the complainant’s minor child
- Prohibiting the adverse party from living with the complainant’s
- Prohibiting the adverse party going near the complainant’s residence, school, or place of employment.
- Prohibiting the adverse party from threatening, harassing, or injuring the complainant, their minor child, or their pets.
In most cases, the courts issue TPO without giving notice to the adverse party or the opportunity to defend against it.
Extended Protection Orders
As opposed to TPO, extended protection orders could last up to 1 year. If the complainant filed for extended order within the period of TPO, the TPO will remain in effect until the extended order hearing is held. Extended restraining orders can have the same conditions as TPO. In addition to this, extended protective orders may specify various other provisions such as:
- Relinquishment of firearms for the duration of the order.
- Payments for child support, mortgages, and fees incurred by the complainant.
- Visitation with minor children and possession of pets.
The adverse party should be given notice about the extended restraining order and an opportunity for a hearing within 45 days after the application is filed; otherwise, the court may not grant the petition.
Penalties
Intentionally violating restraining orders is a crime. Some penalties may include imprisonment. Penalties for violation of restraining orders vary and depend on the type of the restraining order issued.
Gross Misdemeanor Charges
This charge is considered when the adverse party intentionally violated the protection order against stalking, harassment, harm to minors, or sexual assault. The penalties are:
- Up to 1 year in Detention Center
- Fines up to $2000
Category C Felony Charges
The adverse party is charged when the extended order was intentionally violated against stalking, harassment, sexual assault, and harm to minors. The penalties are:
- 1 to 5 years in State Prison, and
- Fines up to $10,000.
Domestic Violence and Workplace Harassment
Misdemeanor Charges
This charge is given to the adverse party when the TPO or extended restraining order was intentionally violated against workplace harassment or domestic abuse. The penalties are:
- Up to 6 months in Detention Center
- Fines up to $1,000.
Full faith and credit are given to protection orders from other states by the state laws. This means that the police officers will enforce out-of-state orders as if they were issued in-state.
The Consequences
The adverse party does not realize the consequence of a protective restraining order. Here’s the list of possible consequences:
- Owning a firearm could be prohibited,
- Leaving your home might be required,
- Seeing your children could imposed,
- Paying child support could be ordered,
- Your criminal record will show the restraining order,
- Protective orders on your criminal records might disqualify employment and educational opportunities, and
- The protective orders could be used as an evidence in family law disputes.
Your Best Defense
When a complainant applied for a certain type of TPO or filed for extended protection order, the adverse party will be given a notice from the court to appear at a hearing. With this, the adverse party can present arguments and evidences to prove that the order is unfounded. The adverse party can schedule court hearing after giving 2 days notice from the complainant. For extended protection order, the adverse party may challenge it by filing an interlocutory appeal. However, the extended order remains enforceable while the appeal is pending. Once you get a notice for TPO or extended order, it is important to follow these steps:
- Comply with all the conditions of the temporary restraining order.
- Hire a lawyer experienced in fighting restraining orders in Las Vegas.
Your legal counsel will review the order and all its conditions. They can also help you determine if the order has insufficient legal evidences which could result in the court not granting the permanent restraining order.
- Your lawyer can file the appeal to the temporary or extended restraining order.
In this appeal, your legal counsel will air your side of the story and object to the reasons of the original protective restraining order. Having an attorney can make sure that you are represented the best way in the court. If there are mandatory necessary when the court reviews the temporary protective order, your attorney can represent you before a decision will be given to extend or not the protective order. Once you get a notice for temporary restraining order filed against you, it is important to make sure that it does not stay in effect. Restraining orders can affect your criminal record. Seek for legal help to help you with your protective restraining order – especially on cases when there is really no need for it.
How a lawyer can help you
Restraining order criminal defense lawyers can help you with one or more of the following actions:
- Deal with prosecutors and law enforcers on your behalf.
- Helps you resolve your case without trial through dismissal.
- Prepare for a case if there is a need to go through trial representation.
- Reduce charges through plea bargaining.
- Look for alternatives to sentencing medium.