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Las Vegas Attorney Explains Protective Restraining OrdersThe Nevada court grants restraining orders when it believes that the involved person in the case faces credible threats from someone else. There are times that protective restraining orders were issued without hearing the other side. An experienced Domestic Violence Attorney in Las Vegas may help you file protective restraining order on someone else, or help you prevent the restraining orders filed against you. Find out how protection order works in Las Vegas, Nevada; including the extended restraining orders, temporary restraining orders, how to get an order, out-of-state orders, and the penalties when you violate an order.
Protective Restraining Orders in Las Vegas: What’s the Purpose?Safety threats to people are normally the reason why they ask for a judge to issue a restraining order. Once the court issues this order, the person who imposes threat is required to stay away and abide by any other conditions the judge deemed necessary. There are 5 main areas that the courts offer which depends on the type of the harm alleged:
- Harm to minors that includes child abuse in Nevada,
- Workplace harassment, where the employer files the protection order on behalf of the employees,
- Sexual assault in Las Vegas that comprises rape and any forcible sexual penetration,
- Stalking and harassment in Las Vegas which as opposed to domestic violence, the person who filed the complaint does not necessarily have to be related to the alleged perpetrator, and
- Domestic violence in Las Vegas where the complainant experienced physical abuse, coercion, harassment between relatives, dating partners or roommates.
Protective Restraining Orders in Las Vegas: The 2 Different TypesThere are 2 protective restraining orders that the Nevada courts may issue:
The Temporary Protection Orders in Las VegasTemporary protection order (TPO) is only valid for a short period of time, and no longer than 30 days. TPO is issued in emergency situations because courts always rule the application within one day of filing. The various requirements of TPO’s are:
- Granting temporary custody of the complainant’s minor child
- Prohibiting the adverse party from living with the complainant’s
- Prohibiting the adverse party going near the complainant’s residence, school, or place of employment.
- Prohibiting the adverse party from threatening, harassing, or injuring the complainant, their minor child, or their pets.
The Extended Protection Orders in Las VegasAs opposed to TPO, extended protection orders could last up to 1 year. If the complainant filed for extended order within the period of TPO, the TPO would remain in effect until the extended order hearing is held. Extended restraining orders can have the same conditions as TPO. In addition to this, extended protective orders may specify various other provisions such as:
- Relinquishment of firearms for the duration of the order.
- Payments for child support, mortgages, and fees incurred by the complainant.
- Visitation with minor children and possession of pets.
Protective Restraining Orders in Las Vegas: The PenaltiesIntentionally violating restraining orders in Las Vegas is a crime. Some penalties may include imprisonment. Penalties for violation of restraining orders vary and depend on the type of the restraining order issued.
- Up to 1 year in Detention Center
- Fines up to $2000
- 1 to 5 years in Nevada State Prison, and
- Fines up to $10,000.
Domestic Violence and Workplace Harassment
- Up to 6 months in Detention Center
- Fines up to $1,000.
Protective Restraining Orders in Las Vegas: The ConsequencesThe adverse party does not realize the consequence of a protective restraining order. Here’s the list of possible consequences:
- Owning a firearm could be prohibited,
- Leaving your home might be required,
- Seeing your children could imposed,
- Paying child support could be ordered,
- Your criminal record would show the restraining order,
- Protective orders on your criminal records might disqualify employment and educational opportunities, and
- The protective orders could be used as an evidence in family law disputes.
Protective Restraining Orders in Las Vegas: Your Best DefenseWhen a complainant applied for a certain type of TPO, or filed for extended protection order in Las Vegas, the adverse party would be given a notice from the court to appear at a hearing. With this, the adverse party can present arguments and evidences to prove that the order is unfounded. The adverse party can schedule court hearing after giving 2 days notice from the complainant. For extended protection order, the adverse party may challenge it by filling interlocutory appeal. However, the extended order remains enforceable while the appeal is pending. Once you get a notice for TPO or extended order, it is important to follow these steps:
- Comply with all the conditions of the temporary restraining order.
- Hire an attorney who is experienced fighting restraining orders.
- Your lawyer can file the appeal to the temporary or extended restraining order.
Protective Restraining Orders in Las Vegas: The Need for a LawyerRestraining order Criminal Defense Lawyer can help you with one or more of the following ways:
- Deal with prosecutors and law enforcers on your behalf.
- Helps you resolve your case without trial through dismissal.
- Prepare for a case if there is a need to go through trial representation.
- Reduce charges through plea bargaining.
- Look for alternatives to sentencing medium.