Protective Order VS Restraining Order; Temporary & Extended, How to Get, Violating Orders & More

The terms Protective Order and Restraining Order are used interchangeably as an order from the court to keep away from a person or a place and in many other places throughout the country. With two distinct types of Protective Orders in Las Vegas, the Family Court issues a protective order that is against domestic violence and the other is issued through the Justice Court against harassment and stalking. The order sought in Family Court is the Protective Order that is issued between people in a domestic relationship, like a wife and husband for example, though there are options. To prevent neighbors or business associates from harassing another party for instance, an Order issued in Justice Court is sought. Today, we at Kajioka & Associates, Attorneys at Law would like to elaborate on Protective Orders in Nevada.

How to Get an Order of Protection Against Someone

With the appropriate Court to obtain an Order of Protection, the correct forms must be filed. The application for a Protective Order is reviewed by a Judge and will decide one of 3 options 1) Deny the Order of Protection, which means it is NOT granted; 2) The Judge will order a hearing in order to determine if the Order should be granted; 3) Grants and signs the protections. A copy of the Order must then be promptly served on the Adverse Party in the event the Judge signs an Order of Protection. Until the other party has been served, following the signing of the order, it is not implemented. In addition to the two separate types of orders, there are two forms of Protective Orders, Temporary Order of Protection and an Extended Order of Protection.

How Long is a Temporary Order of Protection?

In general, through the issuance of Temporary Order of Protection, the Protection Orders are initiated. From the date the adverse party was served, these orders last 30 days. A new Order will need to be applied for if the Judge signed order is not served within 30 days.

Extended Order of Protection

Within 30 days of the Temporary Order being in effect is the requirement to apply for an Extended Order of Protection. The Judge sees fit, but no longer than 1 years from the time the Judge signs the Extended Order in the event the judge grants the Extended Order.

What Happens if You Violate a Protective Order

It is a criminal offense if the Temporary Order is violated. Up to a year in jail and up to $2,000 in fines can be the resulted penalties for violating the order. As a felony criminal offense, a violation of an Extended Protection Order can result with 1-5 years in prison and a fine of up to $10,000.

Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada

Whether the relationship was romantic, between family members or friends, or business related, there are many times when people find themselves feeling threatened when a relationship dissolve. These are the issues a Protective Order were designed for. Kajioka & Associates, Attorneys at Law can help if you need to feel safe and secure and want to seek issuing a Protective Order against someone, whether you fear harassment or violence. Call Kajioka & Associates, Attorneys at Law in the event someone file and a judge signs an Order of Protection against you. We can discuss how you should respond to the Order after we review the circumstances.