What is a Protection Order?
A protection order is also known as a restraining order. It is also sometimes called a TPO (Temporary Protection Order) for short. What each of these terms refers to is a written court order designed to protect the applicant, the person who is filing the application.
A protection order generally protects the applicant, their children, or their pets from:
- Harassing behavior
- Violence from the adverse party
The order may also require that the adverse party stay away from the applicant’s home, their work, their school, or any other specified location.
There are two types of protection orders in Nevada:
- Temporary protection order (TPO)
- Extended protection order
A temporary protection order can be granted based on the information and the evidence provided by the applicant in their application. The judge will order the protection order fairly quickly if he or she determines that this applicant, or their family members, are in danger of being harmed. The order lasts approximately 30 days from the date that it has been served on the adverse party. In many cases, temporary protective orders are issued without giving notice to the adverse party.
An extended protection order requires a hearing before a judge, which gives both parties an opportunity to present evidence and tell the judge their particular side of the story. This order usually lasts up to one year.
If a protection order has been filed against you it is important not to violate it. Violating a temporary protective order is a misdemeanor and carries with it six months of jail time and up to a $1,000 fine. Penalties for violating an extended protection order are more severe. They usually are considered a felony and they carry one to five years in prison and up to $10,000 fines. Violating either one of these orders can also result in your right to bear arms being infringed upon. If you have one of these protection orders filed against you, it is important not to violate it.
On the other hand, if you do have one of these orders filed against you, it is also important for you to defend this order. The reason being that any misconduct that is uncovered in the civil procedures for this protection order, can be used against you in a criminal court.
If you are seeking a protection order, or have had one filed against you, it’s important to consult with an experienced attorney as soon as possible. To discuss you situation in detail, contact our office to schedule a consultation with our experienced Family Law attorneys. Our office can be reached at (702) 998-1188, email@example.com, or by scheduling a consultation online.
For more information regarding this and other Family Law topics, check out our Family Law blog, podcast, or Family Law TV playlist on Youtube.