A Restraining Order, or Protective Order is a valuable asset when people feel threatened by certain individuals. However, there are many times when these court issued documents are wrongfully placed on individuals and they are restricted from people or places. In the event a restraining order/protective order was issued against you in Nevada, you can try to get it lifted or dissolved. Through a motion, only state court can lift or dissolve a restraining order. In any case, if you want to get the restraining order against you lifted or dissolved, you have to go through the proper steps and today, we at Kajioka & Associates, Attorneys at Law would like to share some tips on how.
How to Get an Order of Protection Dropped
To lift the restraining order, the following motion options are available:
1) Motion to dissolve protective order – Providing you believe the restraining order against you is inadequately granted or no longer necessary.
2) Motion to modify the protective order – Your beliefs that the restraining order issued was overly burdensome or too broad in scope.
3) Appeal to District Court – An extended protective order had been issued. You cannot file an appeal if a motion to extend the protection order was denied however.
How to Appeal a Restraining Order
The court will determine whether or not to schedule a hearing as far as filing a motion is concerned. At the hearing, the party who requested the protective order may appear to oppose your motion. The restraining order will instantly become void in the event the court grants your motion at the conclusion of the hearing.
The District Court will review all documentation and other pertinent information that was presented in the lower court in regard to your appeal. The District Court will not hear any new evidence on an appeal however, so keep that in mind. The District Court ultimately determines if the Justice of the Peace made a mistake granting the protection order extension as far as the law is concerned. You and the opposing party may be required to submit written briefs should the District Court issue an order to hear an oral argument. By the end of the hearing, the District Court will confirm, modify, or dissolve the restraining order issued to you.
Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada
It is a very complicated process to lift or dissolve a restraining or protective order in Nevada. An experienced criminal defense lawyer to file a motion or appeal on your behalf is in your better interest to help you through the process. Kajioka & Associates, Attorneys at Law is available for hire to help you through the process of lifting or dissolving a restraining or protective order against you. With our experienced professionals, you can get the motion filed and we can help represent you at the court hearings. Call Kajioka & Associates, Attorneys at Law today to schedule your consultation regarding your restraining or protective order motions. We will discuss your options and guide you through the process with our talented team.