BUREAUS CRIMES AGAINST YOUTH & FAMILY
DOMESTIC VIOLENCE: PROTECTIVE ORDERS
Bureaus > Crimes Against Youth & Family > Domestic Violence > Protective Orders
There are three types of Protective Orders that may be issued against domestic violence: emergency, temporary and stalking.
What protection does the order provide?
By issuing a temporary protection order against domestic violence, the court MAY:
- Prohibit the adverse party from threatening, physically injuring, or harassing the applicant or minor children, either directly or through an agent, NRS 33.0301(a)
- Exclude the adverse party from the applicant's place of residence, NRS 33.030 1(b).
- Prohibit the adverse party from entering the residence, school or place of employment of the applicant or minor children and order him/her to stay away from any specified place frequented regularly by them, NRS 33.030 1(c).
- Prohibit the adverse party from having any contact with the applicant:
- In person
- By phone
- By mail (written or electronic)
- Through a third party
- Order such other relief as it deems necessary in an emergency situation, NRS 33.030 1(e)
EMERGENCY
An Emergency Temporary Protection Order (ETPO), NRS 33.020(5), may be issued if subject is arrested for domestic battery or related charges and still in custody. An ETPO may be requested by contacting Safe Nest, (702) 646-4981, 24 hours a day, seven days a week. A Safe Nest advocate will take the information over the phone and fax the request to a District Court Judge or Hearing Master. The order then will be faxed to the detention facility where the adverse party 8is being held and served upon him/her before his/her release.
This process MUST be started immediately upon the adverse party's arrest. If the request is delayed, the judge may not consider it an emergency. A hearing will be scheduled within seven calendar days. The applicant must attend this hearing.
TEMPORARY
A Temporary Protection Order (TPO), NRS 33.020, may be issued for 30 days. Apply in person at:
Eighth Judicial District Court - Family Division Protection Order Program 601 N. Pecos Road Las Vegas NV 89101
455-3400
Monday-Thursday, 8 a.m. to 3 p.m. Friday, 9 a.m. to 3 p.m.
How to apply for a Temporary Protection Order (TPO)
The applicant will be required to complete an application, describing the need for a Protection Order.
- The applicant is not assessed any fee to file a Protection Order Against Domestic Violence.
- Criminal charges do not have to be filed.
- Police or medical reports of current or previous incidents may be included with the application.
- Photos of any visible injuries may be taken in the Protection Order office.
- Photo identification of the applicant is required for notarization of the application.
- The application must contain specific information about recent physical, sexual and/or emotional abuse or threats of abuse that cause concern for the applicant's safety.
- A Safe Nest advocate will review the application, discuss safety options and offer referrals to other services as needed.
- The application process may take one to two hours.
Seating in the Protection Order Program Office is limited and may not be available to friends or family members.
Who may apply for a protective order?
The applicant MUST have a least one of the following relationships with the person against whom the Order may be issued (NRS 33.018):
- Related by blood (i.e. son/daughter, father/mother, brother/sister)
- Related by marriage (i.e. spouse, ex-spouse, or current in-law)
- Current or former roommate
- Past or present dating relationship
- Have children together
NOTE: The minor child of any of the persons listed above or the applicant's minor child, may also be entitled to protection.
STALKING
A stalking order that is issued by a Justice of the Peace may do the following:
- Order the adverse party to stay away from the home, school, business, or place of employment of the victim and any other location specifically named by the court.
- Order the adverse party to refrain from contacting, intimidating, threatening or otherwise interfering with the victim and any other person, including a member of the family or the household of the victim, specifically named by the court.
Where to apply for a stalking order
Las Vegas Regional Justice Center, 200 Clark, Lv, NV 89101, 671-2500.
How to apply
The applicant must fill out an affidavit that describes in detail the actions or behavior of the adverse party that causes the applicant to believe his/her physical or mental well-being is at risk. The affidavit must be LEGIBLE, and it should include all relevant dates and times so that a proper foundation will be presented to the reviewing judge.
In the affidavit, the applicant must show that the adverse party is acting in a pattern or "course of conduct,"
Which consists of a series of acts, over time, that evidence a continuity of purpose directed a t a specific person.
The applicant may include any supporting documents such as:
- Documentation of phone calls
- Notes left by the adverse party
- Pictures of property damage etc.
- Answering machine tapes.
The judge will review the affidavit and grant or deny the request. The applicant will be contacted by a court clerk and informed of the judge's decision. If granted, the STALKING ORDER will be prepared by the clerk, and the applicant will be entitled to a copy. The order will be in effect for 30 days after it is granted.
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