In Nevada, a Protective Order is an order from the court to keep away from a person or a place and in many other places throughout the country, it is referenced as a Restraining Order. In Las Vegas, there are two distinct types of Protective Orders, issued through the Family Court, one is a protective order that is against domestic violence. The other Protective Order is issued through the Justice Court against harassment and stalking. There are certainly exceptions, but when the Protective Order is issued between people in a domestic relationship, such as a wife and husband for example, that order sought in Family Court. An Order issued in Justice Court is sought to prevent neighbors or a business associate for example, from harassing another party. Today, we at Kajioka & Associates, Attorneys at Law would like to expound on Protective Orders in Nevada.
How to Get a Restraining Order
The correct forms must be filed with the appropriate Court to obtain an Order of Protection. A Judge will review the application for a Protective Order and apply one of three things; 1) Grants the protections and signs it; 2) Denies the Order and protection is NOT granted; or 3) To determine if the Order should be granted, the Judge will order a hearing. Should the Judge sign an Order of Protection, a copy of the Order must then be promptly served on the Adverse Party. Once signed, the Order is not implemented until the other party has been served.
Temporary & Extended Orders of Protection
There are two forms of Protective Orders in addition to the two separate types of orders.
Temporary Order of Protection: Protection Orders are initiated through the issuance of Temporary Order of Protection, generally speaking. These orders last 30 days from the date the adverse party was served. However, they must be served within 30 days of the Judge signing the order or the order expires, and a new Order will need to be applied for.
Extended Order of Protection: An Extended Order of Protection is required to be applied for within 30 days of the Temporary Order being in effect. The Extended Order if granted by the Judge, can be set as long as the Judge sees fit, but no longer than 1 years from the time the Judge signs the Extended Order.
Penalty for Violating a Restraining Order
Violating a Temporary Order against you is a criminal offense. The penalty can result up to a year in jail and up to $2,000 in fines. A violation of an Extended Protection Order is a felony criminal offense, with 1-5 years in prison and a fine of up to $10,000. Should someone Order of Protection against you and a Judge signs it, do not violate the order, but call Kajioka & Associates, Attorneys at Law and we can discuss your rights, review the circumstances and how you should respond to the Order.
Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada
There are many times when people find themselves feeling threatened when a relationship dissolves, whether the relationship was romantic or business. This is why Protective Order were designed. If you need to feel safe and secure and want to seek issuing a Protective Order against someone, whether you fear harassment or violence, Kajioka & Associates, Attorneys at Law can help. Contact us today!