In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Domestic Violence » Filing a Restraining Order in Las Vegas Nevada
A restraining order — also called a protective order in the state of 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:
If you are seeking a protective order against domestic violence, go to the Clark County Courts – Family Court / District 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:
If you are seeking a domestic violence protection order, 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 harassing, 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 Las Vegas, NV 89101
The clerk’s hours are Monday through Friday from 8:00 a.m. to 4:00 p.m. Place a phone call to (702) 671-3116 for the most current general information.
Once you file the proper forms with the court clerk, the judge may then issue a temporary protection order (TPO a.k.a. temporary restraining order or temporary orders of protection) that is typically valid for 45 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.
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 for his/her side of the story 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 with notice of 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 (N.R.S. 33.100). Violations can be a misdemeanor, gross misdemeanor, or felony depending on the case.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
California domestic violence laws make it a crime to harm, or threaten to harm, an intimate partner. If a domestic violence (“DV”) charge gets filed under these laws, a defendant can attempt one, or all, of the following to try and get it dropped: gain the support of the prosecutor, request a copy of the ...
Contrary to popular belief, it is the prosecutor, not the victim who determines whether to file or drop California domestic violence charges. Many California prosecuting agencies go so far as to subscribe to a “no drop” policy. This means that even if the victim doesn’t want to “press charges”, the prosecutor will not “drop” the ...
The legal definition of domestic battery is (1) any willful and unlawful touching, (2) that is harmful or offensive and (3) is committed against an intimate partner. Examples of this kind of domestic violence include: Lisa pushes her boyfriend during a fight. Marcos, feeling frustrated with his ex-wife, grabs her shirt and rips it. Candice is ...
Battery domestic violence is set out in NRS 33.018 and NRS 200.48. It is defined as willfully and unlawfully committing an act of force or violence upon: A spouse Former spouse Someone you date or used to date Someone with whom you vave a child in common A minor child of any of the above ...