Posted by Ross Goodman
We’ll explain about restraining orders in Las Vegas, and what you can do if you were charged with violating a restraining order.
DefinitionWhat’s commonly known as a restraining order is actually called a protective order, or an injunction. It prohibits the adverse party (the person with a restraining order) from doing certain actions against the party who filed the injunction. For domestic violence cases in Nevada, it is usually handled by the family court, making it a civil case.
What are the restrictions?A person with a legal injunction is restricted from certain actions depending on the reason. All protective or restraining orders restrict the abuser from coming into contact with someone, their residence, their workplace, their school, and to refrain from contacting them. They can usually ask the court to include all forms of contact, including mail, gifts, notes, etc. In some cases, the court will order the abuser to temporarily pay for the victim’s finances.
Restraining order types and durationThere are different classes of restraining orders. Each one covering a different violation:
- Stalking, Aggravated Stalking and/or Harassment
- Harm to Minors
- Sexual Assault
- Harassment in the Workplace
- Temporary protective orders only last for a short term, usually thirty days. If violated, the penalties are usually light compared to extended restraining orders.
- Extended restraining orders lasts a year at most. If this order is violated, it usually carries a harsher penalty and can be tried in criminal court.
PenaltiesViolating an injunction can have serious consequences, although the abuser will only be penalized lightly for a first-offense, but again, the penalties will vary depending on the individual case.
Domestic violence/ HarassmentViolating a domestic violence or harassment restraining order will often be charged as a misdemeanor. The sentences can be:
- up to six months in a Clark County Detention Center or county jail;
- receive a $1,000 fine.
Stalking, harassment, sexual assault or protection of childrenViolating a temporary protective order for stalking, harassment sexual assault or child abuse is a gross misdemeanor. The sentence can be:
- reach up to one year in a Clark County Detention Center or county jail;
- receive a $2,000 fine.
- one to five years in a Nevada State Prison;
- receive a $10,000 fine.