Nevada Protective Orders Laws

When it comes to abuse, there are no winners. Victims trying to escape their abusers can feel like they’ll never escape the nightmare they’re in. While not a foolproof method of relief, protection orders can break the remorseless cycle of threats, intimidation, violence, and abuse. The state of Nevada has half a dozen types of protection orders in place to help.

With so many options, it’s not unusual for confusion to arise when determining the best order for your situation. We’re here to help. This guide to Nevada protection orders will examine each restraining order available, explain how they work, and detail the protections and penalties they carry.

If you need answers to questions about domestic violence, FindLaw’s Nevada Domestic Violence Laws article has you covered. Stay here and read on for what you need to know about protection orders in Nevada.

Protection Orders in Nevada: The Basics

Don’t hesitate to call 911 if you’re suffering abuse or fear abuse in the future. Law enforcement officers receive special training to handle crimes of abuse.

While it’s true that Nevada offers a large number of protection orders for various applications, they all share the same goal of keeping people safe. Most accomplish this by putting provisions in place to keep abusers away from their victims. While each order will be crafted to best fit the situation, some provisions see common usage:

• The abuser must stop all harassment, assaults, or threats to harm you or your family
• The abuser must leave a shared residence and not return
• The abuser must not injure, threaten to injure, or take any shared domestic animals
• The abuser must abide by a no-contact order
• The abuser must surrender temporary custody of children, although the court will always consider the best interests of the child in any child custody case
• The abuser must pay child support
• The abuser must surrender all firearms for the duration of the protective order

This is not an exhaustive list. Restraining orders are tailored to each situation and may include some, all, or none of the conditions listed above. The court may add any additional measures it deems necessary for the victim’s safety. The abuser (respondent) can oppose any temporary order against them.

Under federal law written in the Violence Against Women Act (VAWA), protective orders issued in Nevada are valid anywhere in the United States. This includes tribal reservations.

Given the sheer number of protection orders available, the best approach is to learn about them one at a time. Let’s take a good look at Nevada‘s protection orders.

Protection Orders in Nevada: The Orders

Protection orders in Nevada are focused on specific abusive criminal acts, the relationships between those involved, or a combination of the two. Once they’ve been broken down and explained, it’s easier to understand which one is right for you.

Domestic Violence Protection Orders

The requirements for domestic violence crime classification vary a bit between the states. In Nevada, people considered family, household members, or in a dating relationship must have one of a certain subset of abusive crimes occur between them for domestic abuse consideration. They are crimes of control and power.

If an offense is a domestic violence crime, the victim is eligible to petition for a Nevada domestic violence protection order. Victims (petitioners) file in either Justice Court or District Court for a temporary ex parte domestic violence protection order. You can get help from domestic violence advocates.

A judge will review the application. If issued, the order takes immediate effect and lasts for either 45 days or until the case hearing. The abuser (respondent) must receive a copy of the order (service of process), but the court doesn’t need to speak with them to issue the order (ex parte).

At the case hearing, both you and the respondent can offer their side of the story, present evidence, and call witnesses. If the court decides the threat of abuse still exists, an extended domestic violence order of protection is issued. Amendments and additions to the previous conditions are permitted. The extended order can stay in effect for up to two years.

Violations of domestic violence protection orders are severe. Any temporary order violation or first violation of an extended order is a misdemeanor. A second violation of an extended order is a gross misdemeanor, and any subsequent violation is a category D felony.

If firearms are prohibited under an extended order, the penalty for violating this prohibition is severe. Any firearms violation is a category B felony.

Harassment in the Workplace Protection Order

Some protective orders in Nevada are very specific. A harassment in the workplace order protects employees and employers from someone inflicting bodily damage, property damage, or damage to the physical or mental health or safety of a victim at a place of employment. Threatening any of the above is also a crime.

Petitioning for a temporary protection order is similar to getting a domestic violence order. However, an ex parte option isn’t available. The petitioner is required to let the abuser know that they’re filing for a protection order. Court hearings are required for both the temporary order petition and the extended harassment in the workplace order.

The temporary order lasts for 15 days if granted. An extended order can last up to a year. An intentional violation of the order is a misdemeanor. If a conviction for the act committed during the violation is more severe than a misdemeanor, that punishment is used in place of it.

High-Risk Protection Order

Known as extreme risk protection orders (ERPO) in other states, a high-risk protection order is less punitive and more preventative than other Nevada orders. While most protection orders are issued as a response to abuse and violence, a high-risk protection order is designed to stop trouble from occurring with firearms in the first place.

A Nevada protection against high-risk behavior order is an emergency order. It’s issued if the court believes that the petitioner has proven that the respondent is a danger to both themselves and others. The petition is addressed within a day, and if issued, the emergency order lasts for seven days. Ex parte orders are available.

The respondent faces arrest for failing to surrender firearms. The extended order can last up to a year. Violations of the order are a misdemeanor.

Protection Order on Behalf of Minor Child

These protection orders are often filed by a parent or guardian to keep others from committing harm to minors. They’re designed to get an abusive adult away from the minor. A protection order on behalf of a minor child functions like a domestic violence protection order, with a petition for a temporary ex parte order. This lasts for 30 days or until the case hearing.

If the extended protection order on behalf of a child is issued after the case hearing, it’s in effect for up to a year. A violation of a temporary order is a gross misdemeanor, while a violation of an extended order is a category C felony in Nevada. If the penalty for the offense exceeds the penalty for the violation, it’s used instead.

Sexual Assault Protection Order

Victims of any kind of non-consensual sexual penetration can find relief from further sexual abuse with a Nevada sexual assault protection order. This includes spouses and former spouses who have been forced into unwanted sexual acts.

Temporary sexual assault protection orders are available ex parte. Petitioners can file in justice court, but a judge can issue an order from criminal court as either a bail requirement or after the trial is over. It lasts 30 days or until the case hearing, whichever comes first.

Extended orders last up to three years. Violating a temporary order is a gross misdemeanor. A category C felony awaits those who violate an extended sexual assault protection order. All sexual assault protection orders are sent to the Central Repository for Nevada Records of Criminal History.

Stalking and Harassment Protection Order

A stalking and harassment protection order is true to its name. It covers the crimes of stalking, aggravated stalking, and harassment. Repeated threats from an abuser would qualify for this order as well. Protections focus on keeping the harasser/stalker away from the victim and their family members.

The stalking and harassment order follows many of the same rules as the sexual assault protective order, but also has a few different characteristics. It’s available as a temporary ex parte order, but lasts for 45 days instead of 30. In addition to offering relief to the victim, their family and household members can also receive protection under the order.

A judge can issue a stalking and harassment protection order before, during, or after a trial. Extended orders can last up to three years. A gross misdemeanor is the penalty for violation of a temporary order. Those who violate an extended order face a category C felony.

Nevada Protective Orders Laws: Summary

As you’ve seen, we weren’t exaggerating about the number of protection orders available under Nevada law. The table below contains a recap of all the restraining orders discussed along with links to the important Nevada codes for protection orders.

Nevada Protective Orders Laws: Additional Resources

• National Domestic Violence Hotline (800.799.7233)
• Domestic Violence: Orders of Protection and Restraining Orders
• Find a Court in Nevada
• Nevada Justice Court Protection Order Forms
• Nevada Coalition To End Domestic Violence
• Clark County Justice Court – Protection Orders

Have More Questions About Nevada Protection Orders? Talk to an Attorney

If you’re a victim of sexual exploitation, workplace harassment, or other abusive crimes, Nevada has protection orders available to help. While the local law enforcement agency can help, having an attorney with extensive knowledge of Nevada family law and criminal law is a great way to get the relief you deserve.

If you’re named as the respondent in a Nevada protection order, it’s crucial that you speak with a criminal defense attorney as soon as possible. Your entire future can be negatively impacted by having something like this on your criminal record. An attorney can examine your case, give you legal advice about your options, and help you handle any court orders that come along.