When a person is arrested for domestic violence in Nevada, not only is he subject to a mandatory stay in jail and a costly bail amount, but a restraining order could be issued against him/her. Also known as a protection order, this type of court order requires someone to stay away from an alleged victim and any locations he/she frequents (e.g. home, work, etc.).
The following are the two types of restraining orders in Nevada:
Temporary protective order (TPO) – If a domestic violence victim believes he/she is in imminent danger, he/she may apply for a TPO, which lasts up to 45 days after being issued or until the next court hearing. Minimal evidence is needed to obtain a TPO. If a judge believes the alleged aggressor committed some form of domestic violence, the order will be granted without any other evidence.
Extended protective order (EPO) – If a domestic violence victim wishes to obtain an EPO, a court hearing will be held so both parties may have an opportunity to tell their side of the story and present evidence. If granted, an EPO lasts up to two years.
Violating a restraining order is typically a misdemeanor offense in Nevada. If a person violates an order that was originally issued to prevent domestic violence or workplace harassment, a conviction will result in a maximum jail term of six months and a fine no more than $1,000.
If a person violates an order issued to protect children or prevent harassment, stalking, or sexual assault, it is considered a gross misdemeanor that carries a jail sentence of up to 364 days and a maximum fine of $2,000. Violation of an EPO is a Category C felony, punishable by imprisonment for up to five years and a fine of up to $10,000.
If you have been issued a restraining order against you in Las Vegas or if you are accused of violating an order, contact The Draskovich Law Group today at (702) 381-6590 for a free consultation.