Domestic Violence Protection Orders
Orders for protection (more commonly referred to as restraining orders) are intended to prevent alleged domestic violence offenders from being in contact with alleged victims. Protection orders may be issued even when alleged offenders have not been convicted of criminal domestic violence charges.
If an alleged victim is granted a protective order, it can place enormous restrictions on the alleged offender. When a couple is in the midst of a particularly contentious divorce or child custody dispute, an alleged victim may exaggerate or outright manufacture claims in order to be granted a protection order.
Lawyer for Domestic Violence Protection Orders in Las Vegas, NV
Has your spouse or another person filed for a protection order against you in Clark County? Do not appear for any hearing without first contacting Gallo Law Office for dedicated legal representation.
James C. Gallo is an experienced criminal defense attorney in Las Vegas who represents clients accused of domestic violence crimes in Henderson, Boulder City, North Las Vegas, and several other southern Nevada communities. Call (702) 385-3131 today to take advantage of a free initial consultation that will let our lawyer review your case and help you understand all of your legal options.
Overview of Domestic Violence Protection Orders in Clark County
- How is a temporary protection order different from an extended order or protection?
- What can restraining orders make alleged offenders do?
- Where can I learn more about domestic violence orders of protection in Las Vegas?
Alleged victims can seek protection orders against domestic violence when they have domestic relationships with the alleged offenders. Nevada Revised Statute § 33.018 defines domestic violence as occurring when a person commits one of the following acts against or upon his or her spouse or former spouse, any other person to whom the alleged offender is related by blood or marriage, any other person with whom the alleged offender is or was actually residing, any other person with whom the alleged offender has had or is having a dating relationship, any other person with whom the alleged offender has a child in common, the minor child of any of those persons, the alleged offender’s minor child or any other person who has been appointed the custodian or legal guardian for the alleged offender’s minor child:
- Compelling the other person by force or threat of force to perform an act from which the other person has the right to refrain or to refrain from an act which the other person has the right to perform;
- Sexual assault;
- Knowing, purposeful or reckless course of conduct intended to harass the other person that may include, but is not limited to stalking, arson, trespassing, larceny, destruction of private property, carrying a concealed weapon without a permit, or injuring or killing an animal
- False imprisonment
- Unlawful entry of the other alleged victim’s residence, or forcible entry against the alleged victim’s will if there is a reasonably foreseeable risk of harm to the alleged victim from the entry.
Orders of protection cannot be enforced until they have been served to the alleged offenders. After an alleged victim has filed for a restraining order, the court will issue one of two types of protection orders:
- Temporary Order of Protection — Temporary protection orders can be granted without any notice to the alleged offender. Temporary restraining orders only last up to 30 days, but they may be extended up until the date of an extended order hearing if the alleged victim applied for both protective orders at the same time.
- Extended Order of Protection — Extended protection orders are issued following hearings at which both the alleged victims and the alleged offenders can present evidence and witnesses. Extended restraining orders can last up to one year.
Nevada Revised Statute § 33.030 allows courts to impose several types of injunctions against alleged offenders in protection orders. When issuing a temporary restraining order, the court may:
- Enjoin the alleged offender from threatening, physically injuring or harassing the alleged victim or minor child, either directly or through an agent;
- Exclude the alleged offender from the alleged victim’s place of residence;
- Prohibit the alleged offender from entering the residence, school or place of employment of the alleged victim or minor child and order the alleged offender to stay away from any specified place frequented regularly by them;
- Grant temporary custody of the minor child to the alleged victim;
- Enjoin the alleged offender from physically injuring, threatening to injure or taking possession of any animal that is owned or kept by the alleged victim or minor child, either directly or through an agent;
- Enjoin the alleged offender from physically injuring or threatening to injure any animal that is owned or kept by the alleged victim, either directly or through an agent; and
- Order such other relief as it deems necessary in an emergency situation.
In addition to the types of relief listed above, the court may also do all of the following when issuing an extended order of protection:
- Specify arrangements for visitation of the minor child by the alleged offender and require supervision of that visitation by a third party if necessary;
- Specify arrangements for the possession and care of any animal owned or kept by the alleged offender, alleged victim, or minor child;
- Order the alleged offender to avoid or limit communication with the alleged victim or minor child;
- Order the alleged offender to pay rent or make payments on a mortgage on the alleged victim’s place of residence;
- Order the alleged offender to pay for the support of the alleged victim or minor child, including, without limitation, support of a minor child for whom a guardian has been appointed or a minor child who has been placed in protective custody, if the alleged offender is found to have a duty to support the alleged victim or minor child;
- Order the alleged offender to pay all costs and fees incurred by the applicant in bringing the action; and
- Order the alleged offender to pay monetary compensation to the alleged victim for lost earnings and expenses incurred as a result of the alleged victim attending any hearing concerning an application for an extended order.
Under Nevada Revised Statute § 33.033, a court can also order an alleged offender to surrender, sell, or transfer any firearm in his or her possession not later than 24 hours after service of the order. A local law enforcement agency can also charge and collect a fee from the alleged offender for the collection and storage of any firearm.
When a protection order has been issued, it is critical for an alleged offender to abide by the terms of the order. A violation of a temporary restraining order is a gross misdemeanor punishable by up to one year in jail and/or a fine of up to $2,000, while a violation of an extended order of protection is a category C felony punishable by up to five years in prison and/or a fine of up to $10,000.
Protective Order Forms | Clark County Courts — Visit this website to download online forms for Temporary Protective Orders Against Domestic Violence. You can also find online forms for other types of protection orders.
The Eighth Judicial District Court of Clark County
Regional Justice Center
200 Lewis Avenue
Las Vegas, NV 89155
Nevada Protection Order Handbook | Clark County — View this online handbook that covers multiple aspects of the protection order process. It discusses who can file for protection orders, rules regarding confidentiality, and procedures for filing for protection orders. The handbook also contains a table comparing the various types of protection orders in Nevada.
Gallo Law Office | Las Vegas Domestic Violence Protection Orders Lawyer
If another party has named you in an order of protection against domestic violence, it is in your best interest to immediately retain legal counsel. Gallo Law Office can help prepare you for a hearing so that you achieve the most favorable possible outcome that results in the fewest restrictions.
Las Vegas criminal defense attorney James C. Gallo represents clients in North Las Vegas, Henderson, Boulder City, and many surrounding areas of southern Nevada. You can have our lawyer provide an honest and thorough evaluation of your case when you call (702) 385-3131 or submit an online contact form to schedule a free, confidential consultation.