Temporary Restraining Order Requirements In Nevada
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Step 1: File an application in court. Step 2: Fill out the petition. Step 3: A judge will consider your application. Step 4: Service of process. Step 5: The hearing for an extended order.
You must file your application in the justice court for the township where the stalking, aggravated stalking, or harassment took place. Stalking or harassment is committed "where the conduct occurred" or "where the person who was affected by the conduct was located at the time that the conduct occurred." (NRS 200.581.)
The specific elements you need to prove to get a restraining order vary from state to state, but in general, you need to show: A specific instance or instances of abuse or harassment (such as sexual assault by an intimate partner) The threat of violence or of further abusive behavior or harassment.
You do not need an attorney to apply for and obtain a TPO. RELATIONSHIP REQUIREMENTS: In order to obtain a TPO, you and the batterer must be related by blood, be or have been married, be or have been living together, have at least one child in common, have or have been in a dating relationship.
At the hearing, you must prove that the abuser has committed an act(s) of domestic violence (as defined by the law). You must also convince a judge that you need the protection and the specific things you asked for in the petition.
If a judge finds that the abuser committed an act of domestic violence or there was a threat of domestic violence, the judge should grant you a temporary order without considering any other factor. The judge must make a decision within one judicial day of receiving your application.
A significant change in circumstances, such as improved behavior, completion of anger management or counseling programs, or evidence that the risk of violence has diminished, may provide grounds for seeking the dismissal of a restraining order.
After having a court hearing, a judge can grant you a “restraining order after hearing” that can last up to five years. However, if there is no termination date on the order, the order will last three years from the date it was issued.
An order of protection can order someone not to injure, threaten or harass you, your family, or any other people listed in the order. For example, it can order someone to: have no contact with you, your family, household members, or your children, regardless of their age (see: Melanie's Law) move out of your home.
