3275 South Jones Blvd., Suite 105
Las Vegas, NV 89146
TEMPORARY PROTECTIVE ORDER IN THE FAMILY LAW REALM
Domestic violence is a growing concern not only in the State of Nevada but across the country. Our local police authorities, court systems, and non-profit organizations work hard to educate and protect victims of domestic violence.
In Las Vegas, if an act of domestic violence or a threat of domestic violence has occurred, then the victim can apply for a Temporary Protective Order (“TPO”) by filing a verified petition at Family Court located on 601 N. Pecos Road in Las Vegas. A TPO is a Court Order, similar to a restraining order, which can order the defendant to stay away from the victim’s residence, work, child’s school, and/or other address and to refrain from calling, texting, emailing, driving by or showing up at those addresses. Domestic violence involves a person committing an act against his spouse, former spouse, child, relative by blood or marriage, boyfriend/girlfriend, roommate, a person with whom they have a child in common, a minor child of one of the aforementioned people, or the legal guardian of their minor child. NRS 33.018. Domestic violence or a threat of domestic violence can include a battery, assault, sexual assault, unlawful entry into a residence, or a purposeful or reckless course of conduct intended to harass the other person, such as, stalking, arson, trespassing, larceny, destruction of property, carrying a concealed weapon without a permit, or injuring or killing an animal. NRS 33.018.
If the factual allegations in the verified petition support the issuance of a protective order, then the Family Court can issue a TPO, typically for thirty (30) days with a scheduled return hearing in the event the victim wishes to seek an extended order. An extended order may only be granted after notice to the other party and a hearing. NRS 33.020. In the event, the Court finds grounds to extend the protective order, it cannot exceed a period of one (1) year.
Although many people attempt to go through this process without the assistance of counsel, it is extremely beneficial to have an attorney advocating on your behalf at the hearing on a temporary or extended protective order. Family law hearings, including TPO hearings, are very emotional and sometimes intimidating for the average person. An experienced attorney will be comfortable with the legal process and be prepared to argue the relevant law and facts on your behalf. In certain situations, the Hearing Officers may enter temporary orders on child custody, child support, and even order the other person to pay rent or the mortgage. However, the Hearing Officers have limited jurisdiction and cannot address all family law issues. An experienced attorney will understand these limitations and only request the applicable relief.
Unfortunately, there are some situations, where a TPO may have been wrongfully issued against a person. In these situations, it is important for an individual to seek an experienced attorney to file the appropriate motions to dissolve the TPO.
If you or someone you know has been a victim of domestic violence, it is important that they first contact the police to file a report and get to a safe area. Once safe, it is important that they call our office and speak to an experienced attorney in obtaining, extending or defending a Protective Order.
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