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Restraining Orders

Restraining Order Attorney in Las Vegas

Take Control with a Trusted Restraining Order Lawyer in Las Vegas

Facing a situation that calls for legal protection can feel overwhelming. As a restraining order attorney in Las Vegas, I help you regain control, understand your rights, and choose a clear path forward. At Law Office of Chip Siegel, Esq., I draw on over 25 years of legal experience to guide clients through every step of seeking or responding to restraining orders.

Whether you’re petitioning for a restraining order in Clark County or responding to one, you deserve precise direction and clear local insight. Las Vegas courts have specific procedures, and every step affects your future. By teaming up with an attorney who knows the system and local rules, you gain the advantage of practical preparation and up-to-date guidance. I answer your questions honestly, so you always know what to expect in court.

Contact a former prosecutor who is a dedicated restraining order attorney in Las Vegas. We offer free consultations. Call Law Office of Chip Siegel, Esq. at (702) 430-7531 or contact us online now.

Understanding Nevada Protective Orders

In Nevada, Protective Orders are civil injunctions designed to prevent future harm, but they are often used strategically in contentious divorces, custody battles, or civil disputes. They come in two primary forms: the immediate, temporary order (TPO), and the long-term, extended order (EPO).

Temporary Protective Order (TPO):

  • Duration: Typically lasts for 45 days.
  • Issuance: Issued ex parte (without my presence or testimony) based solely on the applicant's sworn affidavit and a judge's finding of immediate danger or sufficient cause.
  • Immediate Effect: Becomes enforceable the moment I am served, requiring immediate compliance with all terms.

Extended Protective Order (EPO):

  • Duration: Can last for up to one year.
  • Issuance: Issued only after a full hearing where I have the right to attend, present evidence, call witnesses, and cross-examine the petitioner. This is my opportunity to fight the underlying claims.

Common Grounds for Protection Orders in Las Vegas

Protective Orders are filed in different courts depending on the underlying claim:

  • Domestic Violence (Family Court): Used when the petitioner and the adverse party are related by blood, marriage, cohabitation, or dating.
  • Stalking, Harassment, or Sexual Assault (Justice Court): Used for non-domestic relationships, restraining orders based on repeated unwanted contact, or fear of sexual assault.
  • Workplace Harassment (Justice Court): Filed by an employer to protect employees from a co-worker or external individual.

If you have been served with any of these orders, you need a Las Vegas restraining order lawyer who can navigate the specific procedural rules of the relevant court in Clark County.

Penalties for Violating a Restraining Order in Nevada

Violating a Protective Order is a criminal offense in Nevada. Even a seemingly minor or accidental violation—such as sending a text message or crossing paths in public—can result in arrest and prosecution. Penalties escalate with repeated or specific types of violations:

  • 1st Violation (Domestic): Classified as a misdemeanor; punishable by up to 6 months in jail and/or a $1,000 fine.
  • 2nd Violation (Domestic): Classified as a gross misdemeanor; punishable by up to 364 days in jail and/or a $2,000 fine.
  • Subsequent Violation (Domestic): Classified as a Category D felony; punishable by 1 to 4 years in Nevada State Prison and/or a $5,000 fine.
  • Violation of a Temporary Protective Order (TPO) for Stalking or Harassment: Classified as a gross misdemeanor; punishable by up to 364 days in jail and/or a $2,000 fine.
  • Violation of an Extended Protective Order (EPO) for Stalking or Harassment: Classified as a Category C felony; punishable by 1 to 5 years in state prison and/or a $10,000 fine.

Critical Collateral Consequences

Beyond the criminal penalties, a Protective Order carries severe civil consequences:

  • Loss of Firearms: If a Protective Order is granted, the judge is often mandated to order the adverse party to surrender all firearms and prohibit them from acquiring new ones. Violating this is a separate Category B Felony.
  • Child Custody Impact: A finding of domestic violence or harassment in the EPO hearing can permanently damage your standing in Family Court, leading to loss of custody or supervised visitation.
  • Eviction/Exclusion: A TPO can force you to immediately vacate a shared residence, regardless of whose name is on the lease or title.

The moment you are served, I am prepared to fight these immediate restrictions and the potential criminalization of your future actions.

My Comprehensive Defense Strategy as a Former Prosecutor

Defending against a Protective Order is a high-speed legal battle that requires challenging the petitioner's facts and the legal foundation of the order itself. As a former prosecutor, I have handled cases involving these orders and know how to find the weakness in the petitioner's evidence and credibility.

Attacking the TPO and Preparing for the EPO Hearing

The TPO is often granted solely on the petitioner's testimony. My firm focuses immediately on the EPO hearing, which is my only chance to present my side of the story.

  • Disputing Allegations: I thoroughly investigate the underlying claim, gathering exculpatory evidence (text messages, emails, witness testimony, surveillance footage) to prove the petitioner's claims are false, exaggerated, or motivated by spite (e.g., divorce leverage).
  • Challenging the Definition: For harassment cases, I argue that the conduct did not meet the legal definition of "harassment" or "stalking," but was instead unavoidable contact or constitutionally protected speech.

Defending Against Violation Charges

If I am retained after a client is arrested for violating an order, I focus on disproving the key elements required for a criminal conviction:

  • Lack of Intent: The State must prove the violation was intentional. I argue that the contact was accidental, unavoidable, or occurred without the defendant's knowledge of the petitioner's presence (e.g., encountering them unexpectedly in a public place).
  • Improper Service: The order is not enforceable unless the defendant was properly served. I challenge the service affidavit to ensure legal standards were met.
  • Lack of Specificity: I argue that the language of the order was vague or ambiguous, and thus, my client could not have knowingly violated a term that was not clearly defined.

As a restraining order attorney in Las Vegas, I am prepared to take every necessary legal step to protect you, including filing an appeal of an EPO if the trial court’s decision was unjust or not supported by sufficient evidence.

Your Advocate Throughout the Restraining Order Process

I give each case personalized attention. I focus on a select number of cases, which means you get direct guidance from start to finish and never feel like just a case number. My background with the District Attorney’s office in Clark County provides unique insight into how local courts address these matters. You stay informed and actively involved in every key decision, with steady legal and emotional support for every stage.

Las Vegas restraining order hearings often involve sensitive issues and detailed requirements. I take time to listen, help you gather the critical documentation, and explain exactly how proceedings work in the local court system. Your circumstances drive the strategy—not a one-size-fits-all approach. You receive real answers and responsive communication, so you remain in control throughout the entire process.

How a Restraining Order Attorney in Las Vegas Helps You Navigate the Process

Navigating restraining orders in Las Vegas requires a strong understanding of Nevada law and Clark County procedures. Every detail matters—especially when deadlines and court rules are at stake. Here’s how I guide you step by step:

  • Personal guidance from start to finish: You get help understanding requirements and preparing your case with care.
  • Direct answers to your questions: You work directly with me and never get passed off to an assistant.
  • Support at every stage: I explain what local judges look for in protection order hearings and help you prepare accordingly.
  • Clear next steps: We review timelines, court appearances, and the effects protection orders may have on your day-to-day life, always with a local perspective.

Clark County courts observe strict timelines, and missing documentation or deadlines can impact your case significantly. My familiarity with local courts ensures you never miss an important step and have the support needed to present your side clearly and confidently.

Get Support & Guidance—Start Your Conversation Today

You deserve clear advocacy and peace of mind, no matter how complex or stressful your circumstances may be. Reach out to Law Office of Chip Siegel, Esq. for guidance that reflects deep local experience as a restraining order attorney in Las Vegas. 

Call (702) 430-7531 or reach out online now to schedule your confidential consultation. I give you direct answers, attentive communication, and a steady focus on your rights and your future in every single step.

FAQs

What types of restraining orders can I request in Las Vegas?

Nevada law allows for various restraining orders, such as protection orders for domestic violence, harassment, stalking, or workplace threats. The type of order you seek depends on the relationship and facts in your specific situation.

How long does it take to get a restraining order in Clark County?

Courts in Clark County review temporary or emergency protection order requests quickly, often within one business day, depending on their calendar and your documentation. Permanent or extended orders require hearings and may take more time.

Can a restraining order affect child custody or visitation rights?

Yes. Courts in Las Vegas consider restraining orders when deciding child custody or visitation matters, always placing children's safety first and weighing each family’s details carefully.

What happens if someone violates a restraining order in Nevada?

Violation of a restraining order is a criminal offense under Nevada law. Law enforcement in Clark County can arrest the violator, and local courts may order penalties if a person is found in violation.

Do I need a restraining order attorney to file or respond to an order?

Nevada law does not require you to hire a restraining order attorney, but legal guidance helps you avoid critical mistakes and ensures your side is presented with clarity and confidence in court.

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See How We've Helped Other People
  • Case Dismissed 2nd DUI
  • Charges Reduced 2nd DUI
  • Case Dismissed Domestic Battery
  • Case Dismissed Domestic Battery
  • Reduced Charges Domestic Battery

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