Protection Orders

Protection Orders

stalking-girl-on-phone
Protection Orders from the Judge do their best legally to protect you by setting certain rules for perpetrators.

Our court may grant Orders of Protection to try to prevent Domestic Violence, against Stalking and/or Harassment, against Harassment in the Workplace and against Physical or Mental Injury or Sexual Abuse or Sexual Exploitation of a Child.

1) What is a Protection Order?

A Protection Order is an order issued by a court that allows an APPLICANT to use the power of the court to require an ADVERSE PARTY to do, or not do, certain things.

A Protection Order may do the following:

(a) It may order the Adverse Party to stay away from:

  • The home of the victim
  • The school of the victim
  • The business of the victim
  • The place of employment of the victim
  • Any other location specifically named by the Court

(b) It may order the Adverse Party to refrain from contacting, intimidating, threatening or otherwise interfering with:

  • The victim
  • Any other person, including, without limitation, a member of the family or household of the victim, specifically named by the Court.

(c) It may order the Adverse Party to comply with any other restriction which the Court deems necessary to protect the victim, or to protect any other person named in the order, including, without limitation, a member of the family or household of the victim.

 

(2) Who can apply for a Protection Order?

If you reasonably believe that you are the victim of a crime involving domestic violence or stalking and/or harassment, or sexual assault, or if you are the parent or guardian of a child and you reasonably believe that a child has been the victim of a crime categorized as harmful to minors, you may apply for a Protection Order.  You are considered the APPLICANT and the person allegedly committing the crime is considered the ADVERSE PARTY.

(3)  How much does it cost to file for a Protection Order?

There is no filing fee for an Applicant to obtain a Protection Order.

 (4)  Do I need an attorney to apply for a Protection Order?

 NoAlthough an attorney can assist you and give you advice, you have the right to seek a Protection Order without an attorney.

 (5) Can I get a Protection Order without notifying the Adverse Party?

If an emergency exists, a Temporary Protection Order may be granted without notice to the Adverse Party.  However, the court can require a hearing before deciding whether to grant a Temporary Protection Order. If a hearing is required, the Adverse Party may be entitled to receive notice in the manner described by law.

An Extended Protection Order cannot be granted without notice to the Adverse Party and a hearing.

(6)  Can I keep my name and address confidential?

(a) Please contact a clerk at the counter for further information.

(b) If you are a victim of sexual assault, and have concerns about your privacy, consider the Secretary of State’s Confidential Address (CAP) program.  More information about CAP may be obtained at:

 

Nevada Confidential Address Program
PO BOX 2743
Carson City, NV89702
Toll Free: 888-432-6189
Local: 775-684-5707
FAX: 775-684-5718
EMAIL: nvcap@sosmail.state.nv.us

(c) The Application asks you to list specific locations where you are seeking protection.  If you desire not to divulge that information to the Adverse Party, you may indicate that such information is CONFIDENTIAL and should not appear in the Protection Order.  However, this may limit the ability of law enforcement to enforce your order effectively.  For example, if the court orders the Adverse Party to stay away from your home or your place of employment, but the address of your home or place of employment is not specifically listed in the protection order, law enforcement may have difficulty in arresting the Adverse Party if he or she shows up at that location, as the Adverse Party may not know that he or she is to stay away from a specific location.

 (7)  How long will a protection order remain in effect?

A Temporary Protection Order will remain in effect for 30 days, sometimes longer if ordered by a court.  The expiration date will be set forth on the first page of the Order. Sometimes the Order is automatically extended, for example, when you ask that the Court hold a hearing on extending the order.  Applicants should ask the court issuing the Order when the Order will be in effect.

An Extended Protection Order will expire no later than 1 year after a court signs the Extended Protection Order.

If an Application for an Extended Protection Order is filed while a Temporary Protection Order is in effect, the Temporary Protection Order will remain in effect until the hearing on the Application for an Extended Protection Order is held.