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3 steps to filing a restraining order in Las Vegas

Posted by Neil Shouse | Jan 02, 2019 | 0 Comments

A restraining order -- also called a protective order in Nevada -- is when a court orders a person to stay away from another person for a set period of time. Victims of abuse typically seek out restraining orders to protect themselves from further abuse.

When possible, it is recommended that people hire an attorney to help them file restraining orders. Otherwise, people can go through the process themselves. People filing by themselves need to take care to read all the instructions carefully and not be shy about asking the court clerk any questions they may have:

Three steps for getting a restraining order in Las Vegas are as follows:

1. Fill out the proper forms

If you are seeking a protective order against domestic violence, go to the Clark County Family Court website, read the instructions, and fill out the two forms at the bottom of the page.

If you are not seeking a domestic violence protective order, go to the Las Vegas Justice Court website, read the instructions, and fill out the appropriate forms. The website provides applications for protective orders against either:

  • stalking or harassment,
  • sexual assault,
  • harm to minors, and
  • workplace harassment

2. Go to the proper court

If you are seeking a protective order against domestic violence, bring your completed forms and ID to the Family Court and Services Center located at:

601 North Pecos Road, Ste. ADG-450

Las Vegas, Nevada 89101

The hours are Monday through Thursday from 8:00 a.m. to 5:00 p.m. and Fridays from 9:00 a.m. to 5:00 p.m., but you must arrive by 3:00 p.m. to apply. Call the clerk at (702) 455-3400 for the most current information.

If you are seeking a protective order for stalking or harassment, sexual assault, harm to minors, or workplace harassment, bring your completed forms and ID to the Las Vegas Justice Court clerk at:

200 Lewis Avenue, 2nd floor

Las Vegas, Nevada 89101

The clerk's hours are Monday through Friday from 8:00 a.m. to 4:00 p.m. Call the court at (702) 671-3116 for the most current information.

Once you file the proper forms with the court clerk, the judge may then issue a temporary protective order (TPO) that is typically valid for 30 days. During this time, the person named in the order -- called the "adverse party" -- will be required to stay away or cease their offending behavior.

3. Apply for an extended protective order

While you are with the court clerk, ask to apply for an extended protection order (EPO) as well. EPOs last for up to a full year.

Unlike with TPOs, judges cannot grant EPOs unless there is a court hearing where the "adverse party" has an opportunity to be heard. The clerk will give you a court date for this hearing within the next 45 days. The clerk will also give you instructions on how to "serve" the adverse party a notice about the hearing.

When you attend the hearing, you will have to convince the judge that you are still in danger and that an EPO is necessary for your safety. If at all possible, EPO applicants should hire an experienced attorney to speak for them during the hearing.

Learn about the Nevada crime of violating a restraining order.

About the Author

Neil Shouse

Southern California DUI Defense attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT).

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