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Defending a Las Vegas Restraining Order

Brian J Smith Aug. 20, 2012

Defendants sometimes do not realize the possible consequences of allowing a Las Vegas Restraining Order to be filed against them. The consequence can be major and may include:

  • Being required to leave one’s own home

  • Being prevented from seeing one’s children

  • Being required to provide child support

  • The order being used as evidence in family disputes

  • The order appearing on one’s criminal record

  • Disqualification from employment or educational opportunities

  • Inability to own a firearm.

A Las Vegas Restraining Order should be considered a legal order that may follow the individual around for many years. He or she may be forced to undergo psychological evaluations and participate in court ordered anger management classes as well as [intlink id=”1413″ type=”post”]other types of treatment[/intlink]. If you believe the order is unnecessary, you should take steps in defense of the order.

Las Vegas restraining order can be filed by a citizen of Nevada living in the city, to [intlink id=”1403″ type=”post”]protect the individual from domestic violence[/intlink], harassment or stalking. It may also be called a protective order, protection from abuse order, or order of protection.

The order is issued through the Nevada state courts and requires the individual to stop harming or even contacting the other person. Orders can be enforced across state lines so if a person leaves the state, they remain protected.

Restraining Order Purpose

The protective order can be filed by an individual for himself or herself. In addition, a parent may also file for a child if he or she feels the child is being sexually abused, harassed or stalked. Anyone believing they are in physical danger can file. The order tells the person considered to create the threat to stop contacting, threatening or intimidating the person, any acquaintances or family members.

The order can also provide the following restrictions:

  • Entering the home of the applicant

  • Entering school of applicant

  • Entering place of work of applicant

  • Buying a firearm

Types of Las Vegas Restraining Orders

Nevada offers two forms of protective orders:

Temporary: Can last up to 30 days after being served unless the judge orders otherwise. If the original is not served within 30 days, a new order must be filed.

Extended: Can last up to one year from when the time extension is signed by the judge, but cannot be extended after the temporary order expires. Violation of a temporary order can lead on a full year in jail and a $2,000 fine. Violating the extended order can result in one to five years in prison as well as a fine of $10,000.

A defense attorney can help to fight these orders. The adverse party should know their rights as well as the consequences of the order. Once filed, the adverse party can be arrested even if the applicant invites the party back into his or her life.

Fighting a Temporary Las Vegas Restraining Order

Orders can be obtained without the alleged defendant coming to court to defend himself. These orders are temporary in nature. They last only 30 days. The individual will be notified that the temporary order is in place against him.

Las Vegas Restraining Order Hearing

It is a good idea to have the help of an attorney for the hearing. The hearing is generally fast, lasting only 10-20 minutes. The attorney helps to ensure there is time to defend yourself. The attorney can also ensure that important rights are not waived in the Las Vegas Restraining Order hearing.