Protective / Restraining Orders

Protective / Restraining Orders

Restraining orders are requests filed by a citizen of Nevada with the city or township they live in when seeking protection from stalking, harassment, and domestic violence. Restraining orders are also referred to as orders of protection, protection from abuse orders and protective orders.

A restraining order is issued by the state court of Nevada and requires one person to stop contacting or harming another person. Restraining orders can also be enforced across state lines, whether they are restraining orders issued in Nevada or restraining orders issued in surrounding states that are enforced within Nevada.

Sometimes in the context of family law custody battles, one person may initiate a restraining order to gain leverage with the court. It is an abuse of the court system to make false allegations of abuse, and it is important that you get legal help to defend yourself. Just because an allegation is false does not mean that the court will not grant the protective order. You must put up a valid defense in order for the court not to grant the order.

It is possible for a person to defend a restraining order without attorney assistance, but it is always recommended and encouraged to seek legal advice only an attorney can provide when defending yourself against this invasive legal action.

Las Vegas Protective Order Defense Attorney

If you are in a position where your partner or spouse wants to file a restraining order against you, it is essential to get legal representation. A restraining order takes away a significant amount of your rights, and it could stop you from seeing your children or entering your home. Call Joel Mann today for a free consultation regarding protective orders. He can tell you about the legal options available in your situation.


Nevada Protective Order Information Center


Purpose of a Restraining Order

A Nevada order of protection can be filed by a person who feels that he or she has been stalked, harassed or abused or if the parent of a child feels that his or her child has been stalked, harassed, or sexually abused. The application can be as simple as someone believing that they are in physical danger. The applicant is the person that filed for the order of protection and the person that is being restrained is considered the adverse party.

The Nevada order of protection can order the adverse party to refrain from contacting, intimidating, threatening, or otherwise interfering with the applicant and any other acquaintance or family member of the victim.

The protective order can also stop the adverse party from doing the following things:

  • Entering the applicant's home (even if the adverse party owns it)
  • Entering the applicant's school
  • Entering the applicant's place of work
  • Purchasing a firearm
  • Prevent a defendant from removing children from certain jurisdictions
  • Prevent a defendant from selling marital property 

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Types of Protective Orders

There are two forms of Nevada orders of protection:

  • Temporary order of protection - A temporary order of protection can last no longer than 30 days after the order is served unless otherwise ordered by the judge in the case. A new application for an order of protection must be filed if the original order is not served within 30 days of it being issued.
  • Extended order of protection - An extended order of protection can last no longer than one year from the date that the extension is signed by a judge but an extended order cannot be issued after a temporary order has expired. Anyone that violates a temporary order of protection is subject to one year in jail and a fine of $2,000. Anyone that violates an extended order of protection is subject to anywhere from one year to five years in prison and/or a fine of $10,000.

Ask a defense attorney about fighting restraining orders. You must know your rights and consequences before you allow a restraining order to be placed against you.  Many times a spouse will file a temporary protective order against the other spouse and it will go into effect.  Later the applicant decides on her own that the adverse party can come back into her life.  This is dangerous as the adverse party is still bound by the temporary protective order and can be arrested if he is seen as violating the order, no matter what the applicant allegedly told the adverse party. 


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Fighting a Restraining Order or Temporary Protective Order TPO

A restraining order can be obtained in something called an ex parte proceeding. Ex parte means that the alleged victim of abuse or applicant goes to court or files a motion for a restraining order without the need for the defendant to come to the hearing to protest the implementation of the restraining order. The reason ex parte hearings are allowed is to protect people that are in immediate jeopardy from people who intend to hurt them.

Usually, these orders are temporary meaning that they last only 30 days. You will get a notice that a temporary protective order has been put in place against you. When you get notice of a temporary protective order, you should follow these steps:

  1. Comply with all the conditions of the temporary restraining order. Even if you have to give up firearms and have no contact with the alleged victim, make sure you follow all the restrictions laid out in the order.
  2. Hire an attorney with experience fighting restraining orders. The attorney will be able to review the order and all of the circumstances. The lawyer can determine if there is insufficient legal evidence which would result in the court not making the restraining order permanent.
  3. Your attorney can file an answer to the temporary restraining order. In the answer, your lawyer will tell the court your side of the story and object to the reasons why the order was originally issued. An attorney can make sure your story is presented in the best way.
  4. The attorney can also represent you at the mandatory hearing where the court will review the temporary protective order and a decision will be made whether or not an extension to the protective order. Sometimes lasting as long as a year.

If you get a notice that a temporary protective order has been filed against you, you must act quickly to make sure it does not stay in effect. Restraining orders can affect your criminal record. You need to seek legal guidance to help you take care of a restraining order especially if there is no need for a restraining order.


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The Protective Order Hearing

The restraining order hearing can be a nerve racking experience. It would be a good idea to retain a lawyer for moral and legal support. Basically, a restraining order hearing is held in court before a judge. Generally, it is a fast proceeding. There will be a lot of other people at the courthouse, and the judge will only take 10-20 minutes to hear each person’s case.

This hearing is not meant to be a trial. If you have an attorney, then you will be guaranteed to have sufficient time to lay out your case. Even though you will be able to present your side of the story at the restraining order hearing, it is best to have a lawyer there familiar with courtroom procedure and to make sure that you don’t waive important rights.

Remember the most important thing for you to do at a restraining order hearing is to remain calm. Do not show the court clerks or the judge any attitude or anger. Even if the restraining order is unfounded and you are upset, try your best not to have any sort of outburst in the courtroom. The judge only has a short time to hear the case and an angry demeanor could give the judge cause to implement a permanent restraining order.

When your case is called, both you and the alleged victim will go up to the front of the courtroom. Usually, there is a table for the defendant and a table for the plaintiff. The plaintiff will be able to state his or her case first. If an attorney represents the plaintiff, the attorney will tell the judge why the restraining order needs to stay in place and become permanent for a certain length of time. The plaintiff or the plaintiff’s attorney may want to present witnesses or question the defendant, but most of the time the plaintiff just makes the request to keep the restraining order in place at this hearing because usually, a temporary restraining order is already in place.

After the plaintiff presents his or her case, the defendant will be able to put forth a rebuttal. If you are represented by counsel then your lawyer can speak for you. If the lawyer filed any motions with the court, he would explain the motions to the judge. Your lawyer can also put up defense witnesses or cross-examine the plaintiff. Once you or your lawyer is finished presenting your side of the story, the judge will make a decision. Usually, the judge will decide right there whether or not to keep the restraining order. If the judge does decide to keep the restraining order in place, your attorney can file a motion to modify the terms of the restraining order or to have it removed.

While the restraining order is in effect, remember you must comply with all the restrictions contained in the order. Even if you or your lawyer are going to continue to dispute the restraining order, as long as the order is in place you must be careful not to violate any part of the order. Most likely, if you have legal representation and present a calm and respectful manner to the court, the judge will dismiss the restraining order.

Contact a local Las Vegas lawyer for more information on what to expect in restraining order hearings that take place in Clark County.


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Consequences of having a restraining order against you

Sometimes a defendant does not realize the consequences that can result if they voluntarily let a protective order be entered against them. Some of the major consequences are:

  • You may be required to leave your home
  • You may be prevented from seeing your children
  • You may be ordered to pay child support
  • The protective order can be used as evidence against you in family law disputes
  • Your criminal record will show that you have a restraining order
  • The protective order on your criminal record might disqualify you for employment and educational opportunities
  • You may be unable to own a firearm

It is important to note that a protective order is a legal order that may not be easily expunged from your criminal record. You might be forced to get a psychological evaluation and the court could order you to take anger management classes or some other form of treatment. If you feel that the protective order is not necessary it is vital that you defend yourself.


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How can a lawyer help me?

A Las Vegas restraining order attorney can help anyone served with a restraining order in one or more of the following ways:

  • Dealing with law enforcement and prosecutors on your behalf
  • Come into a case at any stage and prepare for the trial representation
  • Make every effort to resolve your case without a trial through dismissal
  • Find a way to have the charges reduced through plea bargaining
  • Find any alternative to sentencing medium

A Las Vegas child abuse and neglect attorney, like Joel Mann, can help anyone arrested and charged with child abuse and neglect in the same ways that a Las Vegas protective order attorney can help someone.


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Resources

Las Vegas Township Justice Court - Information and forms for getting protective orders in Clark County.

Clark County Courts - Main website for all the courts located in Clark County.

Regional Justice Center
200 Lewis Avenue
Las Vegas, NV 89155

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Law Office of Joel M. Mann | Nevada Restraining Order Defense Attorney

If you have been accused of spousal abuse or have a protective order hearing approaching, contact the Law Office of Joel M. Mann for a free legal consultation. Joel Mann is an experienced Las Vegas domestic violence attorney who can defend you against abuse allegations and help you clear your name.