After getting arrested for domestic violence in Nevada, you may also be subject to a protective order. In this comprehensive guide, we will explore the different types of domestic violence restraining orders available in Nevada.
1. Temporary Protective Order (TPO)
A Temporary Protective Order (TPO) is a short-term restraining order that is typically granted by a judge without a full court hearing. This type of restraining order can be issued quickly, often within 24 hours, to provide immediate protection to the victim. TPOs can last up to 45 days, during which time a hearing can be scheduled to determine if a more permanent restraining order is necessary.
- Requirements: To obtain a TPO, the victim must file a petition with the court, detailing the abuse they have experienced and the reasons they believe they are in immediate danger. The judge will review the petition and decide whether to grant the TPO.
- Protections: A TPO can prohibit the abuser from contacting the victim, coming within a certain distance of their home or workplace, and possessing firearms. It can also grant temporary custody of children and require the abuser to stay away from their schools and childcare facilities.
2. Extended Protective Order (EPO)
An Extended Protective Order (EPO) is a longer-lasting restraining order that can be granted after a court hearing. This type of restraining order can last up to 2 years and can be extended if the victim continues to feel threatened by the abuser.
- Requirements: To obtain an EPO, the victim must attend a court hearing where both parties can present evidence and testimony. The judge will then decide whether to grant the EPO based on the evidence presented.
- Protections: An EPO can offer the same protections as a TPO, as well as additional provisions such as requiring the abuser to attend counseling or substance abuse treatment, and ordering the abuser to pay financial support for the victim and their children.
3. Stalking and Harassment Protective Orders
Stalking and Harassment Protective Orders are specifically designed to protect victims of stalking and harassment, even if the perpetrator is not a family member or intimate partner. These orders can help prevent further unwanted contact and protect the victim's privacy.
- Requirements: To obtain a Stalking and Harassment Protective Order, the victim must provide evidence of a pattern of stalking or harassment, such as unwanted contact, threats, or surveillance.
- Protections: These orders can prohibit the perpetrator from contacting the victim, coming within a certain distance of their home or workplace, and possessing firearms. They can also require the perpetrator to stay away from the victim's friends and family members.
What Happens If I Violate a Domestic Violence Restraining Order in Nevada?
Violating a restraining order is typically charged as a misdemeanor offense in Nevada. This can result in penalties such as fines up to $1,000 and/or imprisonment in the county jail for up to 6 months.
However, if a violation involves threats, violence, or a previous conviction for domestic violence, then violating a protective order can be charged as a felony offense. Felony charges carry more severe penalties, including higher fines and potential imprisonment between 1 to 5 years.
Apart from legal penalties, a violation of a restraining order can have other consequences. The court may modify or extend the restraining order, impose additional conditions, or issue new orders to enhance the victim's protection. The person who violated the restraining order may also be subject to contempt of court charges, which can result in fines and further legal consequences.
If you have been arrested for domestic violence in Las Vegas, contact the Law Office of Chip Siegel, Esq. today to discuss your case and let us defend you against serious accusations.