A restraining order is a court order restricting a person from doing something. It can be temporary or permanent. For example, a court order prohibiting family violence is a restraining order. This type of order is issued most commonly in cases of domestic violence. The court order can prohibit a person from harassing, threatening, and sometimes merely contacting or approaching another specified person. A court may grant an ex parte restraining order in a family-violence case if it is necessary to (1) achieve the government's interest in protecting victims of family violence from further abuse, (2) ensure prompt action where there is an immediate threat of danger, and (3) provide governmental control by ensuring that judges grant such orders only where there is an immediate danger of such abuse.
Nevada Petition to for Restraining Order due to Domestic Violence
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How to fill out Petition To For Restraining Order Due To Domestic Violence?
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FAQ
After an NCO has been issued, only a judge has the authority to lift the order. If the victim wants to cancel the NCO, he or she must petition the Court to lift it. A pre-trial no contact order is an NCO issued against a defendant even before he or she has been convicted for doing something wrong.
A temporary protection order (TPO) in Nevada is a 45-day long retraining order that courts issue on an emergency basis without holding a hearing.
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.
In Nevada, an Order from the Court to stay away from a person or a place is referred to as a ?Protective Order.? In many other areas of the Country these are referred to as ?Restraining Orders.?
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.
Penalty for Intentionally Violating a Protective Order As explained in NRS 33.1001, the violation for someone who disobeys a temporary protection order is a gross misdemeanor and punishable by up to 1 year in jail and up to a $2,000 fine.
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.
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.
However, after a temporary restraining order is issued, a permanent restraining order hearing follows. At that hearing, the restraining order could get denied, which means it should be expunged from your record. But if the hearing results in a permanent restraining order, it goes on your record.