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What You Should Know About Restraining Orders

Brian J Smith Oct. 20, 2014

With domestic violence cases making headlines over the past few months, the topic of spousal abuse is a hot topic that is receiving some much deserved national attention. In cases of domestic disputes, it might be in the best interest for one party to seek a restraining order against their significant other. But what exactly does a restraining order do? Here’s some information regarding restraining orders, including the different types of protection and what they shelter people from.

What is a restraining order?

Restraining orders, or orders of protection, are court ordered mandates that forbid a certain person from interacting with or coming into contact with another individual. Usually sought in domestic violence and stalking cases, these orders can prohibit someone from being a certain distance from another individual or keep them away from specific locations. In Nevada, there are two different types of restraining orders.

Temporary: A temporary restraining order can last for up to 30 days and is the first form of protection a court will typically offer those seeking help in a stalking or intimate partner violence case. If granted, a judge can issue this type of restraining order immediately and does not have to inform the other party of the order.

Extended: This type of restraining order can last for up to one year, but can’t be extended once the original order has expired. Since restraining orders can have significant consequences such as a person not being allowed to see their children, extended restraining orders are usually only handed down in extreme instances or if a temporary order has already been breached.

Penalties for violating restraining orders

If a temporary restraining order has been violated, a penalty of one year in prison and a $2,000 fine can be handed down. For violating an extended restraining order, perpetrators can expect a fine of $10,000 and a sentence of one to five years behind bars.

If you have been served with a restraining order, a qualified Las Vegas criminal defense attorney can fight these orders. For more information, contact the law offices of Brian J. Smith today at (702) 380-8248.

Photo by grietgriet