Description: A Nevada Protective Order — Civil Trial is a legal mechanism designed to protect individuals who are experiencing threats, harassment, or violence from another person. It grants temporary or long-term restraining orders to ensure the safety and well-being of the victim. In Nevada, there are several types of protective orders that can be obtained through a civil trial process. One type of Nevada Protective Order is the Temporary Protective Order (TPO). This order can be obtained by an individual who is in immediate danger or has suffered from domestic violence, stalking, or harassment. It provides immediate protection for a limited period, usually ranging from a few weeks to a month, allowing the victim time to gather evidence and prepare for a more permanent order. Another type of protective order is the Extended Protective Order (EPO). This order is issued after a full hearing and can last for an extended duration, typically up to one year. It is usually pursued when the victim requires more long-term protection from the perpetrator. The EPO can include provisions such as prohibiting contact, establishing a safe distance, or even mandating counseling or anger management classes for the perpetrator. It is important to note that a Nevada Protective Order — Civil Trial is not a criminal case, but rather a civil matter. However, violating a protective order is a criminal offense, punishable by fines, probation, or even imprisonment. To obtain a protective order, an individual must file a petition at the appropriate Nevada court. The petitioner must provide detailed evidence of the threats or violence they have faced, including any witnesses, photographs, or text messages, to support their claims. It is advisable to seek the assistance of an attorney specialized in family law or domestic violence cases to guide you through the legal process, ensuring all required paperwork and evidence are correctly submitted. In conclusion, a Nevada Protective Order — Civil Trial offers crucial protection to individuals facing threats, harassment, or violence in the state. Whether obtaining a Temporary Protective Order or pursuing an Extended Protective Order, this legal mechanism helps ensure the personal safety and well-being of the victim, granting them peace of mind and a sense of security.
Nevada Protective Order - Civil Trial
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FAQ
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.
Criminal Records are Public Knowledge An arrest for domestic violence and a subsequent restraining order will appear on your record even if the charges are dropped. In Nevada, criminal records are public knowledge and your history will show up in background checks.
Rule 65 - Injunctions and Restraining Orders (a)Preliminary Injunction (1)Notice. The court may issue a preliminary injunction only on notice to the adverse party. (2)Consolidating the Hearing With the Trial on the Merits.
In some cases, the court schedules a hearing for a petition to dissolve or modify a protective order. Both parties may appear and present arguments at the hearing. To have the best chance of succeeding in a petition or opposition to a petition, you should be represented by legal counsel.
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.
A domestic violence protection order is a court order that requires an abuser to stay away from you, your home, your work, and possibly your children and their schools. It can also require the abuser to move out of a shared home and may give you temporary custody of any children.
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 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.