Nevada Complaint or Petition for Temporary Restraining Order and Injunction to Enjoin Interference with Property Right

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Multi-State
Control #:
US-01130BG
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Word; 
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Description

Injunctive relief consists of a court order called an injunction, requiring an individual to do or not do a specific action. It is an extraordinary remedy that courts utilize in special cases where preservation of the status quo or taking some specific action is required in order to prevent possible injustice. A temporary restraining order is a temporary order of a court to preserve current conditions as they are until a hearing is held at which both parties are present. The term preliminary injunction is used to describe the restraint issued pending a final hearing on the merits, and permanent injunction refers to that order of restraint issued after a final hearing on the merits of the case where the facts indicate that an injunction is justified.


This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Without removing the restraining order, if the reconciliation fails, the victim again suffers abuse, or the police become aware of the contact between the parties, then the party named in the restraining order faces arrest and charges for violation of a restraining order.

If you are convicted of violating a restraining order in Nevada, you face punishment defined by the underlying criminal charge: Domestic Violence: up to 6 months in jail and/or up to $1,000 in fines. Harassment in the Workplace: up to 6 months in jail and/or up to $1,000 in fines.

If you get a notice that a temporary protective order has been filed against you, you must act quickly to make sure it does not stay in effect. Restraining orders can affect your criminal record.

Rule 65(b) does provide for injunctive relief without notice to the adverse party. This relief, known as a temporary restraining order, can be ed without notice provided that the verified facts of the complaint clearly justify plaintiff's apprehension about the threat of irreparable injury.

An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent injunctions, Temporary restraining orders and preliminary injunctions. Temporary restraining orders (TRO) and preliminary injunctions are equitable in nature.

NRS 33.100 states that: A person who intentionally violates [a temporary order or an extended order for the first time] is guilty of a misdemeanor, unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order.

If an Order for Protection Against Domestic Violence is issued against you, you are entitled to challenge the TPO by filing an ex parte motion to dissolve the order for protection. You can file the motion either with or without an attorney.

Intentional violation of a temporary protection order against stalking, harassment, sexual assault, or child abuse is a gross misdemeanor in Nevada, and a conviction may be punishable by up to a year in jail and fines.

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Nevada Complaint or Petition for Temporary Restraining Order and Injunction to Enjoin Interference with Property Right