If a restraining order has been issued against you in Nevada, it is possible to get the restraining order lifted or dissolved. Only a Nevada court may lift or dissolve a Nevada restraining order, often referred to as a protection order in the state court system.
A Nevada restraining order can only be lifted by petitioning the court through a motion. Depending upon the circumstances, your options are:
- You may file a motion to dissolve the restraining order;
- You may file a motion to modify the restraining order; or
- You may file an appeal to District Court.
If you believe the restraining order against you was improperly granted or is no longer needed, you can file a motion to dissolve the order. If you believe that the restraining order issued was too broad in scope or overly burdensome, you may file a motion to modify the restraining order.
The court will make the determination whether or not to schedule a hearing on your motion. The party who requested the restraining order may appear at the hearing to oppose your motion. If the court grants your motion after the hearing, the restraining order will immediately become void and unenforceable.
You may only file an appeal if there was an extended restraining order issued. You may not file an appeal if the court denied a motion to extend a protection order. The Court will review your documentation and other information that was presented in the lower court. However, the District Court generally will not hear new evidence on an appeal.
The District Court will then make a determination as to whether or not the Justice of the Peace made any error of law in granting the extended protection order. At that point, the Court may issue an order setting the case for oral argument. You and the opposing party may be required to submit written briefs.
Ultimately, the District Court may affirm, modify or vacate the restraining order. Unless the court orders otherwise, an extended restraining order will remain in effect during the appeal.
The process of having a Nevada restraining order lifted can be quite complex. It is highly recommended that you hire an experienced criminal defense attorney to file a motion or appeal on your behalf. Contact us for legal assistance.