Know the Laws: Nevada
UPDATED May 29, 2012
An order for protection is a civil order that is designed to stop violent and harassing behavior and to protect you and your family from the abuser.
- Basic info
- Who can get an order for protection against domestic violence
- Steps for obtaining an order for protection
- After the hearing
Basic info
back to topWhat is the legal definition of domestic violence in Nevada?
This section defines domestic violence for the purposes of getting an order for protection. Domestic violence includes:
- Battery (physical violence including slapping, punching, strangulation, etc.),
- Assault (attempting to use physical force against you or intentionally placing another person in reasonable fear of immediate bodily harm),
- Using force or threats to make you do something that you don’t want to do or to not let you do something that you do want to do,
- Sexual assault,
- Doing one or more of these acts with the intent to harass you:
- Arson,
- Trespassing,
- Larceny,
- Destruction of private property,
- Carrying a concealed weapon without a permit,
- False imprisonment,
- Injuring or killing an animal,
- Stalking,
- Illegally entering your home when you are not there or forcing his/her way into your home against your will in a way that may cause you harm.*
* N.R.S. § 33.018
back to topWhat is an order for protection against domestic violence? What types of orders are there?
An order for protection is a written court order that is designed to stop violent and harassing behavior and to protect you and your children from the abuser. Orders for protection can also be known as protection orders or restraining orders.
There are three types of orders in Nevada:
An emergency protective order is an order that you can request by telephone if you are the victim of domestic violence, and the abuser is arrested and put into jail. It lasts for up to one week until a court hearing can be held. To get an emergency protective order, you must call within 12 hours of the abuser’s arrest. Emergency protective orders are convenient because you do not have to appear in court. You can call a justice of the peace court or district court and they will issue the order over the phone and have the police serve the abuser with the order while s/he is in jail. A judge should be available 24 hours/day, 7 days/week in counties whose population is 52,000 or more; in a county with less than 52,000 people, it is optional (not mandatory) for the county to make judges available 24 hours per day.* (Check the NV Courthouse Locations page for the number of the courthouse nearest you.)
A temporary order for protection is an order that can be granted based on your testimony or any evidence you present to the court in your application for a temporary or extended order for protection. If a judge finds that you or your family are in danger of being harmed, s/he can grant a temporary order within 1 judicial day of receiving your application. A temporary order can last up to 30 days. However, if you file for an extended order at the same time that you file for the temporary order (or at any time while the temporary order is in effect), the temporary order will last until the date of your hearing for an extended order (which could be up to 45 days from the date you file for the extended order).*1
An extended order for protection is awarded by a judge only after a hearing in which you and the abuser each have an opportunity to present evidence and tell your different sides of the story.*2 An extended order lasts for up to one year.*3 The expiration date should be on the first page of the order. Note: In Clark County, NV, if there is divorce or custody case already pending, many of the DV commissioners will only extend the order for protection to 60 days and not for the whole year.*4
* N.R.S. § 33.020(5), (6)
*1 N.R.S. § 33.020(1)-(4), 33.080(1)
*2 N.R.S. § 33.020(3)
*3 N.R.S. § 33.080(3)
*4 Local Rule for the 8th District in Clark County, EJDCR 5.22(k)
back to topHow can an order of protection help me?
A temporary order can:
- Forbid further threats, harassment, or injury to you or your minor child either directly or through a third party;
- Order the abuser to stay out of your home;
- Prohibit the abuser from entering your place of employment, school, or other specified location;
- Award you temporary legal custody of children;
- Provide other relief the court considers necessary in an emergency situation;
- Prohibit the abuser from physically injuring, threatening to injure, or taking possession of any animal owned by you or by your minor child, either directly or through a third party;
- Prohibit the abuser from physically injuring or threatening to injure any animal that is owned or kept by the abuser, either directly or through a third party; and/or
- Order anything else that is necessary.*
An extended order can grant everything mentioned above and the following additional things:
- Award you custody of your children and force the abuser to pay child support;
- Establish visitation arrangements and require supervision by a third party if necessary;
- Order the abuser to make rental or mortgage payments on the home in which you are living;
- Reimburse you for lost earnings and expenses due to you having to attend any hearing for an extended order;
- Make arrangements for the possession and care of any animal owned or kept by either party or your minor child;
- Order the abuser to pay all or part of the costs and fees you spent to file and get the order for protection;**
- Force the abuser to turn over to law enforcement personnel or sell or transfer any firearms within 24 hours of service (receipt) of the order for protection and prevent him/her from buying firearms while the order is in effect.***
* N.R.S. § 33.030(1)
** N.R.S. § 33.030(2)
*** N.R.S. §§ 33.031(a), 33.033