Know the Laws: Nevada
UPDATED March 21, 2008
If you are planning to move to NV or are going to be in NV for any reason, your protection or restraining order can be enforced.
General Rules for Out-of-State Orders in NV
back to topCan I get my protection order enforced in Nevada? What are the requirements?
Yes. Your protection order can be enforced in Nevada as long as:
- It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.*
- The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
- The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story. It doesn’t matter if he actually showed up in court; just that he had the opportunity to do so.
- In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled within a "reasonable time" after the order is issued.**
* 18 U.S.C. § 2266(5)(A)
** 18 U.S.C. § 2265(a) & (b); NV ST 33.085(1)
back to topCan I have my protection order changed, extended, or canceled in NV?
No. Only the state that issued your protection order can change, extend, or cancel the order. You cannot have this done by a court in Nevada.
To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where your abuser is living. To find out more information about how to modify a protection order, see the "How to Get a Protection Order" page for the state where your order was issued.
If your order does expire while you are living in Nevada, you may be able to get a new one issued in Nevada. But this may be difficult to do if no new incidences of abuse have occurred in Nevada. To find out more information on how to get an protection order in Nevada, visit our NV Orders of Protection page.
back to topWhat can I do if the court that issued my order tells NV that my order has changed or is no good?
You will have to contact the court that issued your order to find out why your order has changed or is no longer valid. The police in Nevada cannot enforce an order that has expired or has been canceled in the issuing state.
If this does happen, you may want to contact a lawyer or domestic violence organization in your area. They may be able to answer some of your questions, or help you fill out the necessary court forms to petition for a new order in NV. You will find information on legal assistance and domestic violence organizations in NV on the NV Where to Find Help page.