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Nevada Protective Orders Laws

Also called "restraining orders," protective orders are court orders that prohibit a specific person from getting within a certain distance of another person for a specified period of time.

Protective orders are typically issued to protect a battered spouse or domestic violence victim. Nevada protective orders stay in effect until the next court hearing, an example of which is a domestic violence arraignment.

Key information about Nevada's protective orders law is listed in the chart below. See Details on State Protective Order Laws to learn more, as well.

Code Section

33.017, et seq.

Activity Addressed by Order

Orders address many kinds of activities. The following are examples of activities that orders address:
  • Prohibiting the person named in the order (the respondent) from making contact with the person seeking the order (the petitioner)
  • Barring the respondent from continuing to threaten, physically injure, or harass the petitioner
  • Excluding the respondent from the home or dwelling place of the petitioner
  • Prohibiting the respondent from coming within a certain distance of the petitioner's school (or that of the petitioner's children) or the petitioner's place of employment or any other place frequented by the petitioner
  • Establishing temporary custody
  • Prohibiting the respondent from injuring, threatening to injure, or taking possession of a pet or companion animal
  • Barring the respondent from owning or using firearms or other dangerous weapons
  • Directing the respondent to make or continue to make mortgage or rent payments
  • Directing the respondent to pay the petitioner for lost wages incurred due to hearings concerning the order

Duration of Order

Temporary order: A temporary order may remain in effect for a period of up to a maximum of 45 days. Extended order: The order issued at the hearing may remain in effect for a period of up to a maximum of one year.

Penalty for a Violation of Order

A violation of an orders is treated as a misdemeanor. If the violation occurs by an act of physical violence, the offender faces a fine of $1,000 or 200 hours of community service. They may also face time in jail. Times in jail range from a minimum of five days to a maximum of six months. They may be required to pay attorney fees and medical costs, while they may also be required to attend counseling. If an offender intentionally violates a temporary or extended order, they will be guilty of a misdemeanor. Repeated violations are treated as gross misdemeanors. If an offender has already violated an extended order two or more times, the violations will be treated as a Category D Felony. These are punishable by one to four years in prison, as well as by up to $5,000 in fines.

Who May Apply for Order

The following people are eligible to file for orders:
  • Spouses
  • Former spouses
  • Blood or marital relatives
  • Parents
  • People in dating relationships
  • Minors
  • Victims of stalking and domestic violence

Can Fees Be Waived?

The court may require the respondent to pay the fee or may waive the fee at final judgment.

Order Transmission to Law Enforcement

A copy of either the temporary or extended order will be sent to the Central Repository for Nevada Records of Criminal History by the end of the next business day.

Civil Liability for Violation of Order

Contempt of court

Types of Protective Orders

The following are examples of the types of protective order that are available in Nevada:

  • Prohibiting contact: Some protective orders prohibit contact between people. This is common in cases of domestic violence. An abusive spouse or former spouse may be ordered to stay away from the other spouse or former spouse, or their children, if child abuse is involved.
  • Excluding from a dwelling, school, or place of employment: In some situations, contact may be necessary between an alleged abuser and a victim. In this case, one might be able to obtain an order preventing the alleged abuser from visiting the victim's home, school, or place of employment. This will give the victim their privacy but may give the opportunity for contact in public spaces.

Have More Questions? Seek Assistance from an Attorney

If you would like to know more about protective orders, and if you would like help getting a protective order against someone, there are many attorneys throughout Nevada with experience in domestic violence laws who may be able to help. In addition to knowing the laws surrounding domestic violence, these attorneys may be able to help you take advantage of other services available to domestic violence victims, like temporary housing.

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Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

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