How to get a temporary protective order Nevada

Updated

Nevada law makes it relatively easy for victims to apply for a temporary protection order (TPO) to guard against:

  • Domestic violence,
  • Harassment or stalking,
  • Workplace harassment,
  • Sexual assault (rape), or
  • Harm to children

TPOs last 45 days. During that time, victims may apply for an extended protection order (EPO). EPOs last for a full year.

It is a crime for the "adverse party" (the aggressor ordered to stay away) to violate a TPO or EPO.

Below our Las Vegas criminal defense attorneys explain how to get a TPO in Nevada:

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TPOs last 45 days in Nevada.

Step 1: Get help

People facing immediate danger should call 911. Victims may also want to contact the following crisis centers. They offer guidance, help, and resources:

  • Nevada 2-1-1 Domestic Violence Services: Call 211 or 1-866-535-5654
  • SafeNest in Las Vegas: 702-646-4981
  • The Shade Tree in Las Vegas: 702-385-0072
  • Safe Embrace in Reno: 775-322-3466
  • RAINN (Rape, Abuse & Incest National Network): 800-656-HOPE (4673)

Step 2. Determine which court to file in

TPOs are issued by local justice courts (and sometimes family courts). Victims can search for their local justice court here. They can also call the court or search its website to make sure it is the proper court for their needs.

In Las Vegas for example, Family Court is where to file domestic violence TPOs. But Las Vegas Justice Court handles all other types of TPOs.

Step 3. Complete TPO paperwork

Victims are required to complete a short TPO application. The victim will need to provide such information as:

  • The victims' names and contact information;
  • The name and contact information of the "adverse party"; and
  • The reason a restraining order is necessary

TPO applications are usually available online at each court's website. Alternatively, the following two TPO applications are accepted statewide in Nevada:

  1. Domestic Violence TPO
  2. Harassment in the Workplace TPO

In Las Vegas, application instructions depend on the purpose of the TPO. Below are links to these separate instructions:

Victims can always contact their court to get the application and filing instructions. People in rural areas are advised to call their local court for the most up-to-date information. Their websites are often outdated.

Victims having trouble obtaining the application online can show up to court. The clerk can provide them the applications.

Step 4. File with the court

Once the TPO application is complete, the victim must file it with the court clerk. Victims should call the court ahead of time to confirm their hours and location.

In Las Vegas, domestic violence TPO applications must be filed between 8 am and 4 pm at:

Family Court, outside courtroom 19

601 N. Pecos Road,

Las Vegas, NV 89101


In Las Vegas, all other TPO applications must be filed between 8 am and 4 pm at:

Las Vegas Justice Court, 2nd floor

200 Lewis Ave.

Las Vegas, NV 89101

The earlier in the day the victim files, the more likely the judge will rule on it that day.

If the judge issues the TPO, the court will arrange for the "adverse party" to be served (notified). The TPO remains in effect for 45 days.

During this time, the "adverse party" must abide by the TPO's terms. These typically include staying away from the victim and/or stopping the harassment. "Adverse parties" face criminal charges if they violate the restraining order (NRS 33.100):

 Reason for TPO in Nevada

 Penalty for violating the TPO

Domestic violence (NRS 33.100); or

Harassment in the workplace (NRS 33.350)

Misdemeanor:

  • Up to 6 months in jail, and/or
  • Up to $1,000 in fines

Stalking, aggravated stalking, harassment (NRS 200.591); or

Sexual assault (NRS 200.378); or

Harm to children (NRS 33.400)

Gross misdemeanor:

  • Up to 364 days in jail, and/or
  • Up to $2,000 in fines

Step 5. Apply for an extended protection order (if necessary)

If the "adverse party" remains a threat, the victim should apply for an EPO. EPOs typically last a year.

Court clerks can supply victims with the application for EPOs. Otherwise, applications can be found online as well.

In Las Vegas, filing instructions depend on the purpose of the EPO. Below are links to these separate forms/instructions:

Unlike TPOs, EPOs cannot issue unless the "adverse party" is given the opportunity to be heard. So after the victim files the EPO application, the court will schedule a hearing.

Meanwhile, the "adverse party" must be served with notice of the EPO hearing. The victim cannot serve the "adverse party" him/herself. Instead, the victim can hire a process server or ask another adult to do the serving. (The clerk will provide the victim with instructions for ways to complete this service requirement safely and legally.)

During the EPO hearing, the victim has the burden to persuade the court that the "adverse party" continues to pose a threat. The victim can hire an attorney to speak on his/her behalf. If the "adverse party" fails to show up to the hearing, the court may still grant the EPO.

"Adverse parties" face criminal charges if they violate the EPO:

 Reason for EPO in Nevada

 Penalty for violating the EPO

Domestic violence (NRS 33.100)

1st offense – Misdemeanor:

  • Up to 6 months in jail, and/or
  • Up to $1,000 in fines

2nd offense – Gross misdemeanor:

  • Up to 364 days in jail, and/or
  • Up to $2,000 in fines

3rd or successive offense – Category D felony:

Stalking, aggravated stalking, harassment (NRS 200.591); or

Sexual assault (NRS 200.378); or

Harm to children (NRS 33.400)

Category C felony:

  • 1 to 5 years in prison, and
  • Up to $10,000 in fines  (at the judge's discretion)

Harassment in the workplace (NRS 33.350)

Misdemeanor:

  • Up to 6 months in jail, and/or
  • Up to $1,000 in fines
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