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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:
1. Fill out the proper forms
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 application for protection order 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 / child abuse, and
- workplace harassment
1.1. What type of proof do I need to support a restraining order?
In your application, write out the specific instances of when/where/how your abuser hurt or threatened you. And if you have any supporting documentation (such as angry text messages, police reports, or medical records of your injuries), you can attach them to your application.
2. Go to the proper court
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 or 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.
2.1. How long does it take to get a restraining order in Las Vegas?
Judges must rule on whether to grant a TPO within one judicial day of the application. In many cases, the judge will issue the TPO the same day.
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 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.
3.1. How much does it cost to get a restraining order in Las Vegas?
Nothing. Obtaining a restraining order in Las Vegas is free.
(To apply for a workplace harassment type of protection order, there is a $74 filing fee.)
Contact our Las Vegas criminal defense attorneys and family law attorneys for legal advice. Our Nevada law firm practices throughout Clark County (including Henderson) and the state.
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.
About the Author
Neil Shouse
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, 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.
