We’ll explain about restraining orders in Las Vegas, and what you can do if you were charged with violating a restraining order.
What’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 duration
There 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
It’s also further classified into two types that depend of their duration and seriousness:
- 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.
Violating 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/ Harassment
Violating 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 children
Violating 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.
Meanwhile, violating an extended restraining order is a category C felony, which can be penalized with:
- one to five years in a Nevada State Prison;
- receive a $10,000 fine.
Consult a Restraining Order Attorney
Sometimes the police make mistakes, but most of the cases that arise from restraining order violations aren't actually intentional. Contact domestic violence defense attorney Ross Goodman so he can help you fight these charges made against you.