What Happens If You Violate a Domestic Violence Restraining Order in Washoe County, Nevada?

Posted on May 4, 2016

When someone has been accused or convicted of domestic violence in Washoe County, Nevada, a judge may enter a restraining order prohibiting the accused from having contact with their accuser or other individuals, among other limits that can be placed on their conduct. If that restraining order is violated, that violation is a separate criminal offense that can result in serious penalties.

A Washoe County court will grant a temporary or extended restraining order to protect individuals who have been alleged victims or are at risk of becoming victims of any of the following crimes:

• domestic violence
• stalking and harassment
• harassment in the workplace
• sexual assault
• child abuse

The specific provisions and limitations contained in a restraining order will vary from cases to case. Whatever the conditions of the restraining order, the judge who entered the order is expecting those conditions to be followed and will not take kindly to his or her orders being ignored and violated.

The punishment for defying a restraining order in Washoe County, Nevada depends on the underlying purpose of the restraining order.

Harassment in the workplace

Deliberately violating any restraining order against harassment in the workplace is prosecuted as a misdemeanor in Washoe County. If convicted, the violator of the order could be sentenced to:

• up to 6 months in the Washoe County Detention Facility, and/or
• up to $1,000 in fines

Domestic violence

Violating a TPO is a misdemeanor in Nevada, carrying:

• up to 6 months in the Washoe County Detention Facility, and/or
• up to $1,000 in fines

A first-time offense of violating an extended protection order is also a misdemeanor, carrying:

• up to 6 months in the Washoe County Detention Facility, and/or
• up to $1,000 in fines

A second-time offense is a gross misdemeanor, carrying:

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

A third or successive offense is a category D felony, carrying:

• 1 – 4 years in prison, and
• up to $5,000 in fines (at the judge’s discretion)

Stalking or harassment, sexual assault, or protection of children

Deliberately violating a temporary protective order against stalking or harassment, sexual assault, or child abuse is prosecuted as a gross misdemeanor in Washoe County. The penalties can include:

• up to 364 days in the Washoe County Detention Facility, and/or
• up to $2,000 in fines

If you are found to have deliberately violated an extended restraining order against stalking or harassment, sexual assault, or child abuse, you will be prosecuted for committing a category C felony. If convicted, you could face:

• 1 to 5 years in Nevada State Prison, and
• up to $10,000 in fines

Violating a Washoe County judge’s restraining order is no small matter. Such orders are not suggestions, or recommendations, or guidelines. Disregarding the provisions of a restraining order is as much of a crime as the alleged acts that led to the entry of the order in the first place. If you have been charged with violating a Washoe County restraining order, call one of our experienced Washoe County criminal defense attorneys today to discuss your situation.

 

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