5 Steps to Getting a Temporary Protective Order (TPO) in Nevada

A temporary protection order (TPO) in Nevada is a 45-day-long retraining order that courts issue on an emergency basis without holding a hearing. Also called TROs (temporary restraining orders), TPOs are meant to guard against

• domestic violence,
• harassment or stalking,
• workplace harassment,
• sexual assault (rape), or
• child abuse.

While a TPO is in effect, victims may apply for a one-year-long extended protection order (EPO).

Below, our Las Vegas criminal defense attorneys explain the five steps to getting a TPO in Nevada:

• Step 1. Get help
• Step 2. Determine which court to file in
• Step 3. Complete the temporary protective order paperwork
• Step 4. File with the court
• Step 5. Apply for an extended protection order (if necessary)

TPOs last 45 days in Nevada.

Step 1: Get help

People facing immediate danger should call 911. Victims may also want to contact the following crisis centers. They offer guidance, help, and resources:

• Nevada 2-1-1 Domestic Violence Services: Call 211 or 1-866-535-5654
• SafeNest in Las Vegas: 702-646-4981
• The Shade Tree in Las Vegas: 702-385-0072
• Safe Embrace in Reno: 775-322-3466
• RAINN (Rape, Abuse & Incest National Network): 800-656-HOPE (4673)

Step 2. Determine which court to file in

TPOs are issued by local justice courts (and sometimes family courts). Victims can search for their local justice court here. They can also call the court or search its website to ensure it is the proper court for their needs.

In Las Vegas, for example, Family Court – which is part of District Court – is where to file domestic violence TPOs. But Las Vegas Justice Court handles all other types of TPOs.

Step 3. Complete the temporary protective order paperwork

Victims are required to complete a short TPO application. The victim will need to provide such information as:

• The victims’ names and contact information;
• The name and contact information of the “adverse party”; and
• The reason a restraining order is necessary

TPO applications are usually available online at each court’s website. Alternatively, the following two TPO applications are accepted statewide in Nevada:

1. Domestic Violence TPO
2. Harassment in the Workplace TPO

In Las Vegas, application instructions depend on the purpose of the TPO. Below are links to these separate instructions:

• Domestic violence TPO;
• Stalking, aggravated stalking, or harassment TPO;
• Sexual assault TPO;
• Workplace harassing TPO; and
• Harm to minors TPO

Victims can always contact their court to get the application and filing instructions for a court order of protection. People in rural areas are advised to call their local court for the most up-to-date information. Their websites are often outdated.

Victims having trouble obtaining the application online can show up to court. The clerk can provide them the applications.

Step 4. File with the court

Once the TPO application is complete, the victim must file it with the court clerk. Victims should call the court ahead of time to confirm their hours and location.

In Las Vegas, domestic violence TPO applications must be filed between 8 am and 4 pm at:

Family Court, outside courtroom 19

601 N. Pecos Road,

Las Vegas, NV 89101

In Las Vegas, all other TPO applications must be filed between 8 am and 4 pm at:

Las Vegas Justice Court, 2nd floor

200 Lewis Ave.

Las Vegas, NV 89101

The earlier in the day the victim files, the more likely the judge will rule on it that day. These orders are issued “ex parte,” which means without the other party present to contest it.

If the judge issues the TPO, the court will arrange for the “adverse party” to be served (notified) with a copy of the order. The TPO remains in effect for 45 days.

During this time, the “adverse party” must abide by the TPO’s terms. These typically include staying away from the victim and/or stopping the harassment. “Adverse parties” face criminal charges if they violate the restraining order (NRS 33.100):

Step 5. Apply for an extended protection order (if necessary)

If the “adverse party” remains a threat, the victim should apply for an EPO. EPOs typically last a year.

Court clerks can supply victims with the application for EPOs. Otherwise, applications can be found online as well.

In Clark County courts, filing instructions depend on the purpose of the EPO. Below are links to these separate forms/instructions:

• Domestic-violence protection order EPO;
• Stalking, aggravated stalking, or harassment EPO;
• Sexual assault EPO;
• Workplace harassment EPO; and
• Harm to minors EPO

Unlike TPOs, EPOs cannot issue unless the “adverse party” is given the opportunity to be heard. So after the victim files the EPO application, the court will schedule a hearing.

Meanwhile, the “adverse party” must be served with notice of the EPO hearing. The victim cannot serve the “adverse party” him/herself. Instead, the victim can hire a process server or ask another adult to do the serving. (The clerk will provide the victim with instructions for ways to complete this service requirement safely and legally.)

During the EPO hearing, the victim has the burden to persuade the court that the “adverse party” continues to pose a threat. The victim can hire an attorney to speak on his/her behalf. If the “adverse party” fails to show up to the hearing, the court may still grant the EPO.

“Adverse parties” face arrest by a law enforcement agency and criminal charges if they violate the EPO: