Protective and Restraining Orders in Las Vegas

Restraining orders in Las Vegas are a legal recourse used to protect individuals from harm or harassment. They are issued by the court based on credible threats, and the conditions of the order depend on the specific circumstances of the case. While they are civil in nature, their violation constitutes a criminal offense, emphasizing the importance of acquiring legal counsel if you have been accused.

Types of Protective Restraining Orders

Temporary Protection Order

Temporary protection orders (TPOs) serve as safeguards for individuals facing perceived imminent danger. These orders are intentionally short-lived, typically lasting no more than 30 days, and are swiftly issued by courts in emergency situations, often within just one day of the application's submission. 

The key provisions of TPOs include:

• Temporary Custody Agreements: TPOs may grant temporary custody of the complainant's minor child or children to ensure their immediate safety.
• Residential Separation: Orders can prohibit the adverse party from residing in close proximity to the complainant, creating a physical buffer.
• Geographical Restrictions: These orders may also prohibit the adverse party from approaching the complainant's residence, school, workplace, or other significant locations to prevent potential contact or confrontation.
• Protection from Threats and Harassment: TPOs frequently include provisions that bar the adverse party from threatening, harassing, or causing harm to the complainant, their minor children, or even their pets.

In many instances, TPOs are granted without prior notice to the adverse party and without affording them an immediate opportunity to present a defense. This is a deliberate and expedited process designed to swiftly address emergency situations and protect those who may be in immediate danger. However, it's important to note that after the issuance of a TPO, a subsequent hearing may be scheduled to allow both parties to present their cases and potentially extend or modify the order as needed.

While restraining orders are a vital means of protecting individuals at risk, it's important to understand that they are not infallible. If you've found yourself served with a restraining order, rest assured that the legal system values the principle of due process. This balance between immediate protection and subsequent legal review underscores the commitment to fairness and justice. It ensures that the interests of all parties involved are thoughtfully considered and that a comprehensive and equitable resolution can be reached. 

Extended Protection Orders

Extended protection orders, in contrast to temporary protection orders (TPOs), offer a longer duration, potentially lasting for up to one year. When a complainant seeks an extended order while a TPO is still in effect, the TPO's protective measures remain active until the hearing for the extended order takes place. Extended restraining orders can carry the same conditions as TPOs, such as maintaining a physical separation or prohibiting threatening behavior. Additionally, they may include various other provisions, including:

• Firearm Surrender: Extended protective orders may require the adverse party to relinquish possession of firearms for the duration of the order. This provision enhances safety by reducing the risk of potential harm.
• Financial Responsibilities: The extended order may mandate the adverse party to make payments for child support, mortgages, or expenses incurred by the complainant. This ensures the financial well-being of the affected party during the period of the order.
• Child Visitation and Pet Possession: It can also specify terms related to visitation with minor children and the possession of pets, addressing important aspects of family life affected by the order.

However, it's crucial to emphasize that due process is a fundamental aspect of extended protection orders. The adverse party must be given proper notice about the extended restraining order and the opportunity for a hearing within 45 days after the application is filed. Failure to adhere to this timeframe may result in the court not granting the petition for an extended order.

Potential Penalties for Violating the Terms of an Order

Violating the terms of a restraining order is a serious offense that constitutes a criminal act. Penalties for such violations can be severe and vary depending on the specific type of restraining order that was issued. 

The consequences for violating restraining orders include:

Gross Misdemeanor Charges

Individuals who intentionally violate protection orders related to stalking, harassment, harm to minors, or sexual assault may face gross misdemeanor charges. The penalties for this offense can include:

• Up to 1 year of incarceration in a detention center.
• Fines of up to $2,000.

Category C Felony Charges

Those who intentionally violate extended orders related to stalking, harassment, sexual assault, or harm to minors may be charged with a Category C felony. The penalties for this more serious offense can include:

• Imprisonment ranges from 1 to 5 years in a state prison.
• Fines of up to $10,000.

Misdemeanor Charges

Defendants who intentionally violate TPOs or extended restraining orders related to workplace harassment or domestic abuse may be charged with a misdemeanor. The penalties for this offense can include:

• Up to 6 months of incarceration in a detention center.
• Fines of up to $1,000.

It's important to note that Nevada law recognizes and upholds protection orders issued in other states through the principle of "full faith and credit." This means that law enforcement officers will enforce out-of-state protection orders as if they were issued within the state. 

Work with Attorney Goodman to challenge a restraining order against you and reclaim your life. Call us at (702) 825-7854 to schedule your consultation. Your future deserves a fair fight!

How a Lawyer Can Help You

Restraining order criminal defense lawyers can help you with one or more of the following actions:

• 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.