What are Temporary Protection Orders?
It is a Criminal Offense in Nevada to Violate Temporary Protection Orders
A temporary protection order is also known as a “protective order” or a “restraining order” in the State of Nevada. This order is most used in domestic abuse and harassment situations where one party applies for court-ordered protection. They are used to protect the victim and always issued by a judge. They are handed down when the adverse party is accused of violence, stalking, or harassment. A temporary protection order prohibits the accused from:
- Coming within a pre-determined distance of the victim
- Going to the victim’s house, school, place of work, or other specified location
- Contacting the victim via telephone, email, text message, social media, letter, or third-party
- Interacting with any dependents or pets the victim is caring for
How is a Temporary Protection Order Granted?
A temporary protection order can be granted based on a victim’s statement or any evidence presented to the court through the application process. If a judge believes the accused may have committed an act of domestic violence or there was a threat of domestic violence, the judge could grant a temporary order without considering any other factor. The accused does not get to tell their side of the story before a TPO is granted. An extended protection order could also be instituted at the final hearing for the case if the judge deems it necessary. However, the accused would certainly have the right to be heard before an extended protection order is granted.
How Long Does a Temporary Protection Order Remain in Effect?
The order only lasts 30 days or until the day of the hearing on whether it should be extended. An extended order is often 6 months to a year. At an extended protection order hearing each party has an opportunity to present evidence and then the judge will rule if an extended protection order should be instituted. Once an extended order is put in place, the individual may no longer possess a firearm while it is in effect.
What Can You Do If You Have Been Served a Temporary Protection Order?
Sometimes waiting for the 30 days to end is not possible. As the respondent or “adverse party,” you have several options you can pursue in a court of law.
- File a motion to dissolve. This would effectively vacate the temporary protection order prior to its expiration date. A court date will be scheduled in which you and the applicant will be given the opportunity to present evidence.
- File a motion to modify . If you are not granted a motion to dissolve, you can file for a motion to modify. If there are some aspects of the order that are impeding your ability to work, to obtain your personal belongings, or see your kids, then these issues can be taken into consideration when you file a motion to modify.
- File an appeal. If the temporary protection order has been turned into an extended protection order, then you can file an appeal. If you can show the judge abused their discretion, or there is insufficient evidence against you, then you can have the order overturned and dismissed.
You Don’t Have to Face Domestic Violence Charges or Protection Orders Alone
Unlike protective orders, criminal domestic violence charges are handled by prosecutors. To be exonerated, you must show up in court, even if the alleged victim has tried to drop the charges. Jesse Kalter is an experienced domestic battery lawyer with a track record of winning “not-guilty” verdicts or having cases completely dismissed. He is a knowledgeable asset that works diligently to earn the best possible outcome for all of his clients. He also has had countless protection orders thrown out. He is available to serve Reno , Sparks , Carson City , Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.
Dissolve Your Temporary Protection Orders With an Experienced Domestic Battery Lawyer
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