In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Domestic Violence » What Happens If You Violate a Domestic Violence Restraining Order in Washoe County, Nevada?
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:
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:
Violating a TPO is a misdemeanor in Nevada, carrying:
A first-time offense of violating an extended protection order is also a misdemeanor, carrying:
A second-time offense is a gross misdemeanor, carrying:
A third or successive offense is a category D felony, carrying:
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:
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:
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.
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.
Know that there are several legal defenses that an accused can raise to beat, or reduce, a charge of domestic violence. Some of these include: the alleged victim’s injury was the result of an accident, the alleged victim’s injuries did not result from the defendant’s actions, the defendant was acting in self-defense or in defense ...
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 ...
It depends on the specific charge of battery domestic violence (NRS 200.485). The Las Vegas Justice Court “bail schedule” for BDV charges is below: Battery domestic violence (BDV) charge in Nevada Bail in Las Vegas Justice Court BDV-1st (misdemeanor) $3,000 BDV-2nd (misdemeanor) $5,000 BDV with a deadly weapon but no substantial bodily harm (category B ...
Sometimes. Know that Nevada law specifically prohibits prosecutors from reducing or dismissing a charge of battery domestic violence (BDV) unless either: The prosecutor knows that the BDV charge is not supported by probable cause or cannot be proved at trial; or It is obvious that the BDV charge is not supported by probable cause or ...