NRS § 33.100 – Violating a Restraining Order – Nevada Law

Under Nevada Revised Statute § 33.100, violating a restraining order in connection with a domestic violence charge is generally a misdemeanor. A first-time conviction carries:

• up to 6 months in jail and
• up to $1,000 in fines.

Restraining orders are also known as protective orders. They can be

• temporary (45 days) or
• extended (1 or 2 years).

In this article, our Las Vegas criminal defense attorneys will address the following key issues regarding what happens if you violated a restraining order in Nevada:

• 1. Overview
• 2. Penalties
• 3. Defenses
• 4. Record Seals
• Frequently Asked Questions
• Additional Resources

1. Overview

A protection order violation is when the adverse party to a restraining order defies its rules. An example is an abusive ex-boyfriend going to his ex-girlfriend’s house after the court issued a restraining order requiring the ex-boyfriend (the adverse party) to avoid her.

The person against whom the restraining order is taken out is the “adverse party.”

Purpose of Protection Orders

Nevada courts grant temporary or extended orders of protection to people allegedly at risk of either:

1. Domestic violence,
2. Harassment,
3. Workplace harassment,
4. Stalking,
5. Sexual assault, or
6. Child abuse.

Each protection order is unique to the individual case. Protection orders may include various provisions, such as:

• Child visitation and custody rules;
• Continuation of payments of the accuser’s rent or mortgage;
• An order to relinquish firearms;
• Places and people that you (the adverse party) must avoid, such as the accuser’s home, school, or office; and/or
• An order not to contact the accuser at all.

In short, protection orders include one or more of the following three directives:

1. Conduct orders, which require you to abide by certain behaviors;
2. Stay-away orders, which require you to avoid certain people or locations; and/or
3. Exclusion orders, which prevent you from living with certain people.

Violating any provision in a restraining order is a crime in Nevada. Each time you allegedly violate an order counts as a separate charge:

Example: Kelly and her sisters get a protection order out against their abusive father. The judge orders the father to avoid any form of contact with Kelly and other family members. The father cannot stop himself from making one harassing phone call to Kelly’s sister and trespassing at Kelly’s place of employment once. Kelly calls a law enforcement officer.

The father then faces two charges of violating NRS 33.100. One for the call. One for showing up. It does not matter that they stem from the same protective order.

How Long Protection Orders Last

Note that when someone initially applies for a temporary protective order (TPO) against you, the judge may grant it without allowing you to defend yourself. TPOs last 45 days (except for workplace harassment TPOs, which last 15 days).

If the alleged victim wants the protective order to continue, they must apply for an extended protective order (EPO). With EPOs, you must be allowed to defend yourself in court before the judge can issue an EPO, which lasts for one year or two years.

To extend an EPO to two years, the judge must enter a “finding of fact” justifying it. In sexual assault cases, EPOs can be extended to three years.

Even if an EPO is issued, you can appeal the judge’s decision to a higher court. Alternatively, you can bring a motion asking the judge to dissolve the EPO.¹

2. Penalties

As discussed below, the punishment for defying a Nevada protective order depends on two things:

1. Whether the restraining order is a temporary protection order (TPO) or extended protection order (EPO) and
2. Whether you have previous violations.

Note that violating a restraining order is a completely separate crime from any underlying criminal case. So if you are charged with battery domestic violence (BDV) and have a restraining order taken out against you – and you then violate that restraining order – you will face penalties for the violation even if the underlying BDV charge eventually gets dismissed.

Domestic Violence Protection Orders

In Nevada, violating a domestic violence TPO is a misdemeanor, carrying up to six months in jail and/or $1,000.

Meanwhile, violating a domestic violence EPO is a:

• misdemeanor for a first offense, carrying up to six months in jail and/or $1,000;
• gross misdemeanor for a second offense, carrying up to 364 days in jail and/or $2,000; and
• category D felony for third or subsequent offense, carrying 1 to 4 years in Nevada State Prison and up to $5,000.²

Workplace Harassment Protection Orders

In Nevada, violating a workplace harassment TPO or EPO is a misdemeanor, carrying up to six months in jail and/or $1,000.³

Other Protection Orders

In Nevada, it is a gross misdemeanor to violate a TPO for the protection of a minor child or to protect against stalking, harassment, or sexual assault. This carries up to 364 days in jail and/or $2,000.

Meanwhile, violating an EPO is a category C felony, carrying one to five years in prison and up to $10,000.⁴

Protective Order Violations Involving Guns

Note that possessing a firearm in violation of an EPO is a category B felony. It does not matter whether it was a concealed weapon or not. The penalties include one to six years in prison and up to $5,000.⁵

Violating a court order for protection is typically a misdemeanor in Nevada.

3. Defenses

Here at the Las Vegas Defense Group, we have represented thousands of individuals charged with restraining order violations. In our experience, the following three defenses have proven highly effective in reducing or dismissing these charges with prosecutors, judges, and juries.

1. You were not properly served. Nevada law outlines strict rules for serving a restraining order on you (the adverse party). Authorized personnel, such as local law enforcement or a private process server, must do it in person and with the correct paperwork so you are duly notified. If the police cannot find you to serve you in person, you must be notified by mail. If we can show that there was no service or the papers got lost in the mail, you should not be criminally liable.⁶
2. You had no intent to violate the order. Violating the terms of a protection order is not unlawful if you honestly did not mean to break the rules. If you accidentally run into the victim protected by the order, no violation occurred as long as you get away as soon as possible. “Pocket-dialing” is also not a violation, as it often occurs accidentally. If we can demonstrate that your actions resulted from an accident, misunderstanding, or a mental deficiency, the case should be dismissed.
3. You were falsely accused. Perhaps the person protected by the restraining order falsely accused you of violating it. Police will arrest you based on this accusation alone and with no other probable cause. Whether the accuser’s motivation is anger, revenge, or an effort to gain the upper hand in a child custody case, it is common for these cases to boil down to a “he said/she said” scenario. As long as the D.A. cannot prove beyond a reasonable doubt that you defied the order, criminal charges should not stand.

Note that it is not a defense that no one was harmed by the violation. Any violation is a crime, even if no damage was done.

Example: Paul took out a TPO against Penny. Penny’s belongings are still in Paul’s house. One day during work, Penny sneaks into Paul’s house to retrieve her belongings without Paul knowing.

If caught, Penny could be prosecuted for a TPO violation even though Paul had no idea. Penny should have had a friend coordinate with Paul to retrieve the belongings for her.

4. Record Seals

A Nevada conviction for violating a protection order can be sealed. However, there is a waiting period, depending on the case. Plus, dismissed charges are sealable immediately.

This chart illustrates the waiting periods:

Once a case gets sealed from Nevada’s central repository of criminal history, it no longer appears on your background check. Learn how to seal Nevada criminal records.

Violating NRS 33.100 may trigger immediate arrest by a law enforcement agency in Nevada.

Frequently Asked Questions

Can a private person serve a restraining order in Nevada?

Yes, as long as they are an authorized adult. While the court typically orders the Sheriff to serve the documents (especially for temporary orders) to ensure it is done for free, you may also hire a licensed private process server or use a disinterested adult over the age of 18 to serve the adverse party.

Is it a crime if I accidentally violate the order (like a pocket dial)?

No. Violating a restraining order is a crime of intent in Nevada. If you accidentally “pocket dial” the protected person or bump into them at a public grocery store and immediately leave, you have not committed a crime. Your defense attorney can argue that the contact was unintentional.

What is the main difference between a TPO and an EPO?

In Nevada, a temporary protective order (TPO) usually lasts only 45 days and is often granted by a judge without a hearing. An extended protective order (EPO) can last up to one or two years but can only be granted after a formal court hearing where you have the chance to defend yourself.

How long do I have to wait to seal a conviction for violating an order?

Unlike standard Nevada misdemeanors (which have a one-year wait), a misdemeanor conviction for violating a protective order requires a two-year waiting period after the case closes before you can seal the record. If the violation was a felony, the wait time is five years.

Additional Resources

If you are a domestic violence victim, find help and information here:

• Create a Safety Plan – National Domestic Violence Hotline – Resource for domestic violence victims on how to create a “safety plan” to remain safe and escape abuse.
• DomesticShelters.org – Directory of domestic violence shelters.
• National Coalition Against Domestic Violence – Resources and information for victims.
• Resources for Family Members, Friends, and Supporters – Joyful Heart Foundation – A guide on how to help family members or loved ones suffering from domestic abuse.
• Signs of Abuse – National Coalition Against Domestic Violence (NCADV) – Information page on how to identify domestic violence.

Legal References