Resource for a Recourse: Online Resource Center for Survivors of Abuse

NEVADA : Restraining Order & Order of Protection Information

TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS

The legal definition of domestic violence in Nevada includes:

Acts of physical violence (slapping, punching, choking, etc.)
Threatening, coercive or harassing conduct
Interference with the personal liberty of the victim
Forcible entry into the victim's residence without victim's consent
Arson
Trespassing
Larceny
Destruction of private property
Carrying a concealed weapon without a permit
False imprisonment
Sexual assault
Stalking

An order of protection protects you from abuse by:

A spouse or ex-spouse
Someone you live with or used to live with
Your child
Any people related to you by blood or marriage
Someone you are currently dating or used to date

A parent or guardian can file for an order of protection for a child, an elderly person or anyone who is unable to file because of disability or hospitalization.

Types of protective orders:

An emergency protective order

This is an order that you can request by telephone if you are the victim of domestic violence, and the abuser is arrested and put into jail. It lasts for one week. To get an emergency protective order, you must call within 12 hours of the abuser's arrest. Emergency protective orders are convenient because you do not have to appear in court. You can call a justice of peace court or district court and they will issue the order over the phone and have the police serve the abuser with the order while he is in jail. (Check the Courthouse Locations & Info page for the number of the courthouse nearest you.)

A temporary order of protection

This an order that can be granted based on your testimony or any evidence you present to the court in your application for an extended order of protection. If a judge finds that you or your family is in danger of being harmed, s/he can grant a temporary order within 24 hours of receiving your application. The temporary order will last until your full court hearing that will take place, usually, within 30 days.

An extended order of protection

This awarded by a judge only after a hearing in which you and your abuser each have an opportunity to present evidence and tell your different sides of the story. An extended order lasts for up to one year.

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Benefits:

A temporary order can:

Forbid further threats, harassment or injury to you or your minor child either directly or through a third party
Order the abuser to stay out of your home
Prohibit the abuser from entering your place of employment, school or other specified location
Award you temporary legal custody of children
Provide other relief the court considers necessary in an emergency situation
Force the abuser to turn over all firearms to law enforcement personnel and prevent him from buying firearms

In addition to providing the same protections as a temporary order, an extended order may:

Limit or prohibit the abuser's communications with you and your children
Award you custody of your children and force the abuser to pay child support
Establish visitation arrangements and require supervision by a third party if necessary
Order the abuser to make rental or mortgage payments on the home in which you are living
Order the abuser to pay all or part of costs and fees incurred in obtaining the protection order

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Costs:

There are no fees for filing for a protection order.

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Violations:

Call the police, even if you think it is a minor violation. An abuser can be arrested and charged with a violation of the order. The Nevada police can make an arrest with or without a warrant and regardless of whether the violation occurs in his or her presence. It is a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case. Nevada state law requires the police to fill out a report for all domestic violence-related calls. Make sure a police report is filed even if no arrest is made. It can help you later if the abuser continues to violate the order of protection.

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