Nevada Restraining Orders
Restraining Orders
Orders for Protection Against Domestic Violence
Basic info
What 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;
- coercion;
- sexual assault;
- false imprisonment;
- multiple acts (“course of conduct”) that are committed with the intention of harassing you. The acts include, but are not limited to, any of the following:
- arson;
- trespassing;
- larceny;
- destruction of private property;
- carrying a concealed weapon without a permit;
- false imprisonment;
- injuring or killing an animal;
- stalking;
- burglary; or
- home invasion.1
For these actions to be considered domestic violence, you have to have a specific relationship to the person doing the act. See Who is eligible for an order of protection? for more information.
1 N.R.S. § 33.018
What types of orders are there? How long do they last?
There are two types of orders in Nevada:
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. If a judge finds that the abuser committed an act of domestic violence or there was a threat of domestic violence, the judge should grant you a temporary order without considering any other factor. The judge must make a decision within one judicial day of receiving your application. A temporary order can last up to 45 days or until your hearing for the extended order. If law enforcement is unable to serve the respondent within the 45 days before your hearing or if there is evidence that the respondent is hiding to avoid being served, the judge can postpone the hearing for 90 days and then for another 90 days, if necessary.1
Note: There can be a different way to get a temporary order rather than going to court to file it. If the abuser was arrested for domestic violence, you may be able to communicate with a judge by electronic means to request the order while the abuser is in police custody/jail. The judge can then issue an order and send it to where the abuser is in custody so that s/he can be served. The court would then mail you a copy of the order and have it filed in court within one business day. A judge should be available 24 hours/day, seven days/week in counties with a population of 52,000 or more; in a county with less than 52,000 people, it is optional for the county to make judges available 24 hours per day.2
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.3 An extended order lasts for up to two years.4 The expiration date should be on the first page of the order. Note: In Clark County, if there is divorce or custody case already pending, many of the domestic violence commissioners will only extend the order to 60 days.5
1 N.R.S. §§ 33.020(1)-(7); 33.080(1)
2 N.R.S. § 33.020(8)-(10)
3 N.R.S. § 33.020(4)
4 N.R.S. § 33.080(3)
5 Local Rule for the 8th District in Clark County, EDCR 5.22(k)
What protections can I get in an order for protection?
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 or threatening to injure any animal owned by you, your minor child, or the abuser (and from taking possession of any animal owned by you or your minor child) either directly or through someone else; and
- order anything else that is necessary.1
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;2
- force the abuser to turn over to law enforcement or sell/transfer any firearms to a licensed firearm dealer within 24 hours of service of the order for protection and prevent him/her from having or buying firearms while the order is in effect.3 Before ordering this, the judge must consider:
- any documented history of domestic violence;
- whether the abuser has used or threatened to use a firearm to injure or harass you, your child, or any other person; and
- whether the abuser has used a firearm while committing (or attempting to commit) any crime.
- Note: Even if the judge orders that the abuser cannot have or possess a firearm, there could be an exception made to allow the abuser to use or possess a gun during his/her job. Three conditions must be met, however:
- it is required by the employer that s/he use or have a firearm;
- s/he only uses it while performing his/her job duties; and
- the employer will store the firearm during any period when the abuser is not working.4
1 N.R.S. § 33.030(1)
2 N.R.S. § 33.030(2)
3 N.R.S. §§ 33.031(1); 33.033(1)
4 N.R.S. § 33.031(2),(3)
If the abuser lives in a different state, can I still get an order against him/her?
When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.
There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:
- The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
- One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
- If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.
However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.
You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.
Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.
Who can get an order for protection against domestic violence
Who is eligible for an order for protection against domestic violence?
Domestic violence, for the purpose of getting an order for protection, is when an abuser commits certain acts against one of the following people:
- the abuser’s spouse or ex-spouse;
- anyone related to the abuser by blood or marriage but this does not include a sibling or cousin unless there exists a custodial or guardianship relationship;
- someone with whom the abuser has/had a dating relationship;
- someone with whom the abuser has a child in common;
- the minor child of any of the people described above; or
- the abuser’s minor child or any other person who has been appointed the custodian or legal guardian for the abuser’s minor child.1
A parent or guardian can file for an order of protection for a minor child under 18.
1 N.R.S. § 33.018(1), (2)
Can I get an order for protection against domestic violence against a same-sex partner?
In Nevada, you may apply for an order for protection against domestic violence against a current or former same-sex partner as long as the relationship meets the requirements listed in Who is eligible for an order for protection against domestic violence? You must also be the victim of an act of domestic violence, which is explained here What is the legal definition of domestic violence in Nevada?
You can find information about LGBTQIA victims of abuse and what types of barriers they may face on our LGBTQIA Victims page.
How much does it cost to get an order for protection against domestic violence?
There are no fees for filing an order for protection against domestic violence or for getting a certified copy of the order.
Note: After the hearing, the judge may require the abuser to pay some or all court costs and fees.1
1 N.R.S. § 33.050(1), (4)
Do I need an attorney to get an order for protection?
No, you do not need an attorney to file for an order for protection,1 but it is often better to have one. It may be in your interest to hire an attorney, especially if the abuser is represented by one. Go to our NV Finding a Lawyer page for legal referrals. If you cannot find a lawyer through this link, a domestic violence organization in your area may be able to refer you to a different attorney or legal aid service that will take your case for free. Additionally, often domestic violence organizations can help you through the process if you do not have an attorney. To find an advocate or domestic violence organization in your area, please visit our NV Advocates and Shelters page.
1 N.R.S. § 33.050(2)(c)
Steps for obtaining an order for protection
Step 1: File an application in court.
Go to the justice of the peace court or the district court and tell the court clerk that you want to fill out an application for an extended protection order and for a temporary order if you are in immediate danger. (Go to our NV Courthouse Locations page for the location nearest you. Go to our NV Download Court Forms page to see if the forms are available online.)
The application must be “verified,” which means you might have to sign it in front of the court clerk or a notary. Check with the court clerk before signing your papers. If you believe that including your address and contact information in the application would put you in danger, you can choose to not include your address and contact information in the application.1
Note: If the abuser has been arrested, you may be able to file for temporary order electronically while the abuser is in police custody/jail.2 See What is an order for protection against domestic violence? What types of orders are there? for more information.
1 N.R.S. § 33.020(2)
2 N.R.S. § 33.020(8)-(10)
Step 2: Fill out the petition.
Carefully fill out the petition. On the petition you will be the “applicant” and the abuser will be the “adverse party.” The court clerk or another person designated by the court can help you fill out the petition and any paperwork that needs to go with it for a temporary or extended order. The court clerk can also help fill out the paperwork for the response to a petition for a protection order if someone has filed against you. However, the court clerk or other designated party cannot provide legal advice.1
Write about the most recent incidents of violence, using descriptive language, such as slapping, hitting, grabbing, threatening, choking, etc., that fits your situation. Include details and dates, if possible. Be specific.
There are also instructions available on the Nevada Supreme Court website for filling out the petition and the court clerk may also have printed instructions. Click on “Domestic Violence - Application Instructions (Voluntary Forms)”.
Most domestic violence prevention organizations can provide support for you while you go through this process. To find help in your area, go to the NV Advocates and Shelters page under the Places that Help tab on the top of this page.
1 N.R.S. § 33.050(3)
Step 3: A judge will consider your application.
After you complete the application, return it to the clerk. The clerk will forward it to a judge, and the judge will consider your application. The judge may issue you a temporary order based only on what you wrote in your application, or the judge may wish to ask you some questions in person1 during what is called an ex parte hearing. “Ex parte” means “from one side only.” In this hearing, only you are in front of the judge, not the abuser. You will explain to the judge why you fear the abuser and feel that you need a temporary order for protection.
1 N.R.S. § 33.020(1)-(3)
Step 4: Service of process
If you are granted a temporary order, the abuser has to be served with a copy of it so s/he knows what s/he is restricted from doing (i.e., contacting you, coming to your home, etc.). If you apply for an extended order, the court will give you a hearing date where both you and the abuser have a right to be present. The abuser must be “served” with this notice of the hearing so that s/he knows s/he must appear in court.1
The court may send the paperwork to law enforcement personnel to be served, or you may have to bring the temporary order and notice of hearing to the police or sheriff yourself. Law enforcement must serve the papers without charging you any money. You cannot serve the papers yourself.
If you know the abuser’s home address, and law enforcement is unable to personally serve the abuser with the temporary order at his/her home, the law enforcement agency will leave a notice at the abuser’s last known address that directs him/her to contact them within 24 hours. If law enforcement makes three such attempts to serve the order and leaves three notices but the abuser doesn’t respond, you can file a petition in court to ask that law enforcement be able to serve the abuser at his/her job. If the abuser is unemployed, or if law enforcement agency attempts to serve the abuser at his/her job but they are unable to, you can file a petition in court to allow law enforcement to serve the abuser by an alternative service method other than personal service.
If you do not know the abuser’s home address, law enforcement can attempt to serve the abuser at his/her job. If law enforcement makes two attempts to personally serve the abuser at work but they cannot find him/her, law enforcement can leave a copy of the order at the abuser’s workplace and mail a copy there as well. Ten days after the date on which the documents are mailed to the abuser’s job, the abuser is considered “served” under the law.2
You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?
1 N.R.S. § 33.020(2)-(5)
2 N.R.S. §§ 33.060(2); 33.065(1)-(4)
Step 5: The hearing for an extended order
Nevada law states that a hearing must be held within 45 days of the court receiving your application for an extended order (but the hearing can be delayed twice for 90-day periods each if the abuser cannot be served before the scheduled hearing dates).1 However, if you get a temporary order for protection, the abuser may request that the hearing take place sooner than originally scheduled so that s/he can ask that the temporary order be dismissed or modified, so you may be given a new court date. The abuser would only have to give you two days’ notice of this hearing.2 You must go to all court hearings. If you do not go to the hearing(s), your order can be dismissed.
At the hearing, you must prove that the abuser has committed an act(s) of domestic violence (as defined by the law). You must also convince a judge that you need the protection and the specific things you asked for in the petition. If the abuser does not show up for the hearing, the judge may still grant you an order for protection, or the judge may order a new hearing date.
We strongly suggest getting an attorney to represent you at the hearing, especially if you think the abuser will have one. Go to our NV Finding a Lawyer page for legal referrals. If you end up representing yourself, go to our At the Hearing section under the Preparing for Court tab for ways you can show the judge that you were abused. You can learn more about the court system in our Preparing for Court – By Yourself section.
1 N.R.S. § 33.020(4),(5)
2 N.R.S. § 33.080(2)
After the hearing
Can the abuser have a gun?
Once you get a protection order, there may be laws that prohibit the respondent from having a gun in his/her possession. There are a few places where you can find this information:
- first, read the questions on this page to see if judges in Nevada have to power to remove guns as part of a temporary or final order;
- second, go to our State Gun Laws section to read about your state’s specific gun-related laws; and
- third you can read our Federal Gun Laws section to understand the federal laws that apply to all states.
You can read more about keeping an abuser from accessing guns on the National Resource Center on Domestic Violence and Firearms’ website.
What should I do when I leave the courthouse?
These are some things you may want to consider after you have been granted an order for protection. Depending on what you think is safest in your situation, you may do any or all of the following:
- Review the order before you leave the courthouse. If something is wrong or missing, ask the clerk how to correct the order before you leave.
- Make several copies of the order of protection as soon as possible.
- Keep a copy of the order with you at all times.
- Leave copies of the order at your workplace, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
- Give a copy to the security guard or person at the front desk where you live and/or work along with a photo of the abuser.
- Give a copy of the order to anyone who is named in and protected by the order.
- You may wish to consider changing your locks (if permitted by law) and your phone number.
Don’t forget to follow up with law enforcement (if they are serving the order) to make sure that it was served. You can find contact information for sheriff departments on our NV Sheriff Departments page.
You may also wish to make a safety plan. People can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school. Many batterers obey orders of protection, but some do not and it is important to build on the things you have already been doing to keep yourself safe. Click on the following link for suggestions on Safety Planning.
What can I do if the abuser violates the order?
You can call the police, even if you think it is a minor violation. Violating a temporary order or the first-time violation of an extended order is a misdemeanor, which is punishable by up to six months in jail and up to a $1,000 fine.1 A second violation of an extended order is a gross misdemeanor, which is punishable by up to one year in jail and up to a $2,000 fine.2 A third violation of an extended order is a category D felony, which can be punished by between one and four years in jail and up to a $5,000 fine.3 Each act that constitutes a violation of the temporary or extended order may be prosecuted as a separate violation of the order.4
Nevada state law requires the police to fill out a report for all domestic violence-related calls.5 Make sure a police report is filed even if no arrest is made. It is a good idea to write down the name of the responding officer(s) and their badge number(s) in case you want to follow up on your case.
Another option is to file a violation petition in court and ask that the abuser be held in contempt of court for violating the order. If the judge finds him/her in contempt, the judge can order various penalties against the abuser.
For more information about contempt, including the difference between criminal contempt and civil contempt, go to our general Domestic Violence Restraining Orders page.
1 N.R.S. §§ 33.100(1), (2)(a); 193.150
2 N.R.S. §§ 33.100(2)(b); 193.140
3 N.R.S. §§ 33.100(2)(c); 193.130(2)(d)
4 N.R.S. § 33.100
5 N.R.S. § 171.1227(1)
Can an order for protection be changed or ended early?
At any time while the extended order is in effect, the petitioner or the abuser can file in court to ask the judge to change (modify) the order or to ask for the order to be ended (dissolved) if there has been a change of circumstances. There would then be a hearing where both parties can appear in court and the judge would decide whether or not to modify or dissolve the order.1
1 N.R.S. § 33.030(5)
Can an extended order be renewed?
The order cannot be renewed.1 After your current order expires, you will have to reapply for a new order for protection if a new incident of violence occurs.
1 N.R.S. § 33.080(3)
What happens if I move?
Federal law provides what is called full faith and credit, which means that once you have an order for protection, it follows you wherever you go, including U.S. territories and tribal lands.
Different states have different rules for enforcing out-of-state orders for protection. You can find out about your new state’s policies by contacting a domestic violence program, the clerk of courts, or the prosecutor in your new area. You might also want to call the court where you received the order to tell them your new address so that they can contact you if necessary. However, before doing so, be sure to ask how to keep this information confidential so that the abuser couldn’t access the court file and see it.
Please see our Moving to Another State with an NV Order for Protection page for more information.
If I get a protection order, will it show up in an internet search?
According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:
- the petition you file;
- the protection order, restraining order, or injunction that was issued by the court; or
- the registration of an order in a different state.1
1 18 USC § 2265(d)(3)
Orders for Protection Against Sexual Assault
This is an order that provides protection from an abuser, regardless of his/her relationship to you, who has sexually assaulted you.
Basic info
What is the legal definition of sexual assault in Nevada?
Sexual assault is when someone forces sexual penetration upon you or forces you to sexually penetrate him/her, another person, or an animal. You must be unwilling to do the sexual act or the abuser must know that you are mentally or physically incapable of resisting or understanding what you are doing.1
Sexual penetration includes sexual intercourse in its ordinary meaning. It can also include oral sex, and any insertion of any part of a person’s body or any object into the genital or anal openings of another person’s body, except for something done for medical purposes.2
Note: If you are married to the abuser at the time of the sexual assault, it is still a sexual assault if it was committed by force or by the threat of force.3 See our Marital/Partner Rape page for general information and ways to get help.
1 N.R.S. § 200.366(1)
2 N.R.S. § 200.364(9)
3 N.R.S. § 200.373
What types of orders are there? How long do they last?
An order for protection against sexual assault is a court order that protects the victim from the abuser. For more information on what these orders can do for you, see How can an order for protection against sexual assault help me?
There are two types of orders for protection against sexual assault in Nevada: temporary orders and extended orders.
Temporary Orders:
A temporary order for protection against sexual assault is an order that can be granted on the day you first apply for an order in court. Whether you get this order will be based on the information you include in your petition as well as your testimony or any evidence you present when you are in front of the judge who is reviewing your petition. You can get the order without the abuser being present in court or notified of your application for a temporary order (known as an ex parte order).1 The temporary order will last up to 30 days or until your court hearing for an extended order takes place (assuming that you file a petition for an extended order within those 30 days).2
Note: Once your temporary ex parte order is served on the abuser, s/he can file legal papers to ask the court to hold a hearing (sooner than the scheduled court hearing) at which the abuser can ask the court to change or drop the temporary order. S/he has to give you only two days’ notice of this new hearing.3
Extended Orders:
An extended order will last for up to three years.4 An extended order could be granted after the abuser has been given notice of the court hearing and a hearing takes place in which you and the abuser each have an opportunity to present evidence, witnesses and testimony to prove your case.1 You may want to have a lawyer represent you at this hearing, especially if you think the abuser will have one. For free and paid legal services, go to our NV Finding a Lawyer page.
1 N.R.S. § 200.378(3)
2 N.R.S. § 200.3782(1)
3 N.R.S. § 200.3782(2)
4 N.R.S. § 200.3782(3)
What protections can I get in an order for protection against sexual assault?
A temporary or extended civil order for protection against sexual assault can:
- direct the abuser to stay away from your home, school, business, or place of employment and any other location specifically named by the court;
- prohibit the abuser from contacting, intimidating, threatening, or interfering with you or any other person named in the order, including your family or household member(s); and
- include other restrictions on the abuser that the judge considers necessary to protect you or any other person specifically named in the order, including members of your family or household.1
Note: If an abuser is charged with the crime of sexual assault against you, you might get a protection order from the criminal court judge with the restrictions listed above. The judge could issue this order if the abuser (defendant) is released from jail before trial or once s/he is found guilty of the crime.2 If the abuser is brought to trial, you may ask in writing that the prosecutor tell you about the outcome of the case. The information the prosecutor gives you should include:
1. any pretrial settlement of the case;
2. the final outcome of the case; and
3. information from the abuser’s registration if s/he is required to register as a sex offender.3
If the criminal court orders any restrictions on the abuser, the court clerk is supposed to provide you and any other people named in the order with a certified copy of the order.4
1 N.R.S. § 200.378(1)
2 N.R.S. § 200.378(2)
3 N.R.S. § 200.3784(1)
4 N.R.S. § 200.3784(2)
If the abuser lives in a different state, can I still get an order against him/her?
When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.
There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:
- The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
- One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
- If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.
However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.
You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.
Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.
Getting the order
Who is eligible for an order for protection against sexual assault?
You may file a petition for an order for protection against sexual assault if someone has committed a sexual assault against you.1 The abuser may be someone in your family (like a husband or relative), or may be someone unrelated to you (like a neighbor or co-worker).
You must be at least 18 years old to apply for an order for protection against sexual assault. If you are under 18 and in need of protection, you need to have an adult apply for the protection order on your behalf.2
1 See N.R.S. § 200.378(1)
2 See the information on the Clark County Courts website
How much does it cost to get an order for protection against sexual assault?
There is no fee to file for an order for protection against sexual assault.1 Also, there is no fee to have the order served on the abuser if s/he is in the state of Nevada.2
Note: After the hearing, the court may make the abuser pay some or all of the court costs and fees.1
1 N.R.S. § 200.3781(1)
2 N.R.S. § 200.3781(3)
Do I need an attorney to get an order for protection against sexual assault?
No, you do not need a lawyer to get an order for protection against sexual assault,1 but it is often better to have one. It may be in your interest to hire an attorney, especially if you think the abuser will be represented by one. You may be able to find an attorney on our NV Finding a Lawyer page.
1 N.R.S. § 200.3781(2)(c)
What are the steps to get an order for protection against sexual assault?
The steps for getting an order for protection against sexual assault will be similar to the steps for getting a order for protection against domestic violence but you will need to fill out different forms.
If you live in Clark County, the forms and some additional information are available on the Clark County Courts website. For other counties, you can go to our NV Download Court Forms page to see if they are available online. Otherwise, you can get the forms at the courthouse when you go to file.
After the order is issued
Can an order for protection be changed or ended early?
At any time while the extended order is in effect, the petitioner or the abuser can file in court to ask the judge to change (modify) the order or to ask for the order to be ended (dissolved) if there has been a change of circumstances. There would then be a hearing where both parties can appear in court and the judge would decide whether or not to modify or dissolve the order.1
1 N.R.S. § 200.3782(5)
What can I do if the abuser violates the order for protection against sexual assault?
If you believe the abuser has violated the order, you can immediately call the police. If an abuser has been served with a copy of the order for protection against sexual assault and violates the order, the police can immediately arrest him/her.1
You can also file a motion (legal papers) in the court that issued the order to ask that the abuser be held in contempt of court, which basically means that you are asking that s/he be punished for violating the court order. The court will review your motion and decide whether or not there will be a hearing.2 If there is a hearing, you would present evidence about how the abuser violated the order, the abuser would present his/her defense, and the judge would decide whether the order was violated and what punishment should be given to the abuser.
1 N.R.S. § 200.3783(2)
2 See the Clark County Courts website for more information
Orders for Protection Against Stalking & Harassment
Basic info
What are the legal definitions of harassment, stalking, and aggravated stalking in Nevada?
Harassment is when someone threatens you with any of the following and you reasonably fear that the threat will be carried out:
- to cause future physical injury to you or to another person;
- to cause physical damage to your property or the property of another person;
- to physically confine or restrain you or another person; or
- to do any act which is intended to cause significant harm to the physical or mental health or safety of you or another person.1
Stalking is when a person does two or more acts directed towards you over a period of time that reasonably cause you to feel terrorized, frightened, intimidated, harassed, or fearful for the safety of yourself or your family or household member.2
Note: “Family or household member” means a current or former spouse, a parent, a person who is related by blood or marriage, or a person who is or was living with you.3
Aggravated stalking is when a person commits the crime of stalking (as defined above) and also threatens you with the intention of making you reasonably fear death or serious bodily harm.4
1 N.R.S. § 200.571(1)
2 N.R.S. § 200.575(1)
3 N.R.S. § 200.575(6)(b)
4 N.R.S. § 200.575(3)
What types of orders are there? How long do they last?
There are two types of orders: a temporary order and an extended order.
Temporary Orders:
A temporary order for protection against stalking and harassment is an order that can be granted on the first day you file your petition in court. The judge will decide whether or not to give you the temporary order based on the information you include in your petition as well as your testimony or any evidence you present when you are in front of the judge who is reviewing your petition. You can get the order without the abuser being present or notified beforehand (known as an ex parte order).1 The temporary order will last up to 45 days or until your court hearing for an extended order takes place (assuming that you file a petition for an extended order within those 45 days).2
Note: Once your temporary ex parte order is served on the abuser, s/he can file legal papers to ask the court to change or drop the temporary order sooner than the scheduled hearing. S/he has to give you only two days’ notice of this new hearing.3
Extended Orders:
An extended order lasts for up to two years.4 Extended orders can only be granted after the abuser has been given notice of the court hearing and a hearing takes place in which you and the abuser each have an opportunity to present evidence and tell your different sides of the story.1 You may want to have a lawyer represent you at this hearing, especially if you think the abuser will have one. For free and paid legal services, go to our NV Finding a Lawyer page.
1 N.R.S. § 200.591(3)
2 N.R.S. § 200.594(1)
3 N.R.S. § 200.594(2)
4 N.R.S. § 200.594(3)
What protections can I get in an order for protection against stalking and harassment?
A temporary or extended order can:
- tell the abuser to stay away from your home, school, business, or place of employment and any other location specifically named by the court;
- prohibit the abuser from contacting, intimidating, threatening, or interfering with you or any other person named in the order, including a member of your family or household; and
- include other restrictions on the abuser that the court considers necessary to protect you or to protect any other person specifically named by the court, including members of your family or household.1
Note: If an abuser is charged with the crime of harassment, stalking, or aggravated stalking against you, you might get a protection order from the criminal court judge with the restrictions listed above. The judge could issue this order if the abuser (defendant) is released from jail before trial or once s/he is found guilty of the crime.2 If the abuser is brought to trial, the prosecutor should inform you of the outcome of the case. If the court orders any restrictions on the abuser, the court clerk is supposed to provide you and any other people named in the order with a certified copy of the order.3
1 N.R.S. § 200.591(1)
2 N.R.S. § 200.591(2)
3 N.R.S. § 200.601
Can the abuser's gun be taken away in an order for protection against stalking and harassment?
Unlike in an order for protection against domestic violence, the law does not specifically say that a judge can prohibit the abuser from having or using a gun as part of an order for protection against stalking and harassment.1 However, if the person is convicted of stalking in criminal court and you are his/her family or household member, the judge can order the abuser to permanently give up his/her firearms and prohibit him/her from possessing or owning firearms. This can be known as an “admonishment of rights.” If the abuser violates these terms, s/he can be guilty of a B felony and be subject to prison for between one and six years, a fine of up to $5,000, or both.2
1 See N.R.S. §§ 200.591; 33.031(1); 33.033(1)
2 N.R.S. § 200.575(7)-(9)
If the abuser lives in a different state, can I still get an order against him/her?
When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.
There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:
- The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
- One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
- If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.
However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.
You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.
Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.
Getting the order
Who is eligible for an order for protection against stalking and harassment?
You may file a petition for an order for protection against stalking and harassment if someone is stalking or harassing you (according to the legal definitions of those terms).1 The abuser may be someone in your family like a husband or relative or may be someone unrelated to you like a neighbor or co-worker.
1 See N.R.S. § 200.591(1)
The person stalking me lives in another state. Can I still file for an order in Nevada?
Possibly. Under Nevada law, harassment and stalking is considered to be committed in the place where the acts occur or in the place where the victim is located at the time s/he is harassed or stalked.1 So, for example, if you live in Nevada and the abuser lives in California, if the abuser sends you a threatening text message or email and you receive it in Nevada, the harassment can be considered to have been committed in Nevada. However, in order for a judge to issue an order against someone, the judge needs to have “personal jurisdiction” over that person. Personal jurisdiction means the judge has the power or authority over that person to make decisions that affect that person. A judge in Nevada has personal jurisdiction over anyone who lives in Nevada but if the abuser doesn’t live in Nevada or doesn’t have “substantial contacts” in Nevada, it’s possible the judge may not have jurisdiction (power) to issue an order against that person. This is complicated and so you may want to talk to a lawyer about your specific situation for advice.
1 N.R.S. § 200.581
How much does it cost to get an order for protection against stalking and harassment?
There is no fee to file for an order for protection against stalking and harassment.1 Also, there is no fee to have the order served on the abuser if s/he is in the state of Nevada.2
Note: After the hearing, the court may make the abuser pay some or all of the court costs and fees.1
1 N.R.S. § 200.592(1)
2 N.R.S. § 200.592(3)
Do I need an attorney to get an order for protection against stalking and harassment?
No, you do not need a lawyer to get an order for protection against stalking and harassment,1 but it is often better to have one. It may be in your interest to hire an attorney, especially if you think the abuser will be represented by one. You may be able to find an attorney on our NV Finding a Lawyer page.
1 N.R.S. § 200.592(2)(c)
What are the steps to get an order for protection against stalking and harassment?
The steps for getting an order for protection against stalking and harassment will be similar to the steps for getting an order for protection for domestic violence but you will need to fill out different forms.
Check on our NV Download Court Forms page to see if the forms are available online. Otherwise, you can get the forms at the courthouse when you go to file.
After the order is issued
Can an order for protection be changed or ended early?
At any time while the extended order is in effect, the petitioner or the abuser can file in court to ask the judge to change (modify) the order or to ask for the order to be ended (dissolved) if there has been a change of circumstances. There would then be a hearing where both parties can appear in court and the judge would decide whether or not to modify or dissolve the order.1
1 N.R.S. § 200.594(5)
What can I do if the abuser violates the order for protection against stalking and harassment?
If you believe the abuser has violated the order, you can immediately call the police. If an abuser has been served with a copy of the order for protection against stalking and harassment and violates the order, the police can immediately arrest him/her.1
1 N.R.S. § 200.597(2)
Orders for Protection of Children
This is a civil order that provides protection for your child (under 18) against an adult (18 or older), including relatives and non-relatives.
Basic info
For what crimes can I get an order for protection of children?
If you are the parent or guardian of a child (under age 18), you can file for an “order for protection of children” if you reasonably believe that an adult (18 or older) has committed a crime involving one or more of the following:
- Physical injury to the child that did not happen by accident (non-accidental),
- Non-accidental mental injury to the child,
- Sexual abuse of the child, or
- Sexual exploitation of the child.1
1 N.R.S. § 33.400(1)
What types of orders for protection of children are there and how long do they last?
Temporary Orders:
A temporary order for protection of children is an order that can be granted based on the information you include in your petition as well as your testimony or any evidence you present when you are in front of the judge who is reviewing your petition. You can get the order without the abuser being present in court or notified of your application for a temporary order (known as an ex parte order).1 If a judge believes that a crime has been committed, s/he can grant a temporary order. The temporary order will last up to 30 days or until your court hearing for an extended order takes place (assuming that you file a petition for an extended order within those 30 days).2
Note: Once your temporary ex parte order is served on the abuser, s/he can file legal papers to ask the court to change or drop the temporary order sooner than the scheduled hearing. S/he has to give you only two days’ notice of this new hearing.3
Extended Orders:
An extended order lasts for up to one year.4 If you did not request an extended order when you applied for a temporary order and you would like an extended order, you will need to file a petition for an extended order before your temporary order expires.2 Extended orders can only be granted after the abuser has been given notice of the hearing and a hearing takes place in which you and the abuser each have an opportunity to present evidence and tell your different sides of the story.1 You may want to have a lawyer represent you at this hearing, especially if you think the abuser will have one. For free and paid legal services, go to our NV Finding a Lawyer page.
1 N.R.S. § 33.400(4)
2 N.R.S. § 33.420(1)
3 N.R.S. § 33.420(2)
4 N.R.S. § 33.420(3)
How can an order for protection of children help my child?
A temporary or extended order can:
- Tell the abuser to stay away from the home, school, business, or place of employment of the child and any other location specifically named by the court;
- Prohibit the abuser from contacting, intimidating, threatening, or otherwise interfering with the child and any other person specifically named by the court, including members of the child’s family or household; and
- Include other restrictions on the abuser that the court considers necessary to protect the child or to protect any other person specifically named by the court, including members of the child’s family or household.1
Note: If an abuser is criminally charged with certain crimes against your minor child, and is released from jail before trial or is found guilty or guilty but mentally ill during the trial, the court may issue a temporary or extended order with the restrictions listed above or include those restrictions as conditions for the release or criminal sentence of the abuser.2 Remember, if you are not sure about what happened in the criminal case, ask the prosecutor. By law, s/he has to inform you of the result of the case if you ask.3
1 N.R.S. § 33.400(2)
2 N.R.S. § 33.400(3)
3 N.R.S. § 33.440(1)
If the abuser lives in a different state, can I still get an order against him/her?
When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.
There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:
- The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
- One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
- If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.
However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.
You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.
Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.
Getting the order for protection
Against which adults could I get an order for protection of children?
No special relationship between the child and the abuser is necessary1 as long as you believe that the person committed one of the acts described in For what crimes can I get an order for protection of children? It may be a neighbor, a teacher, or a stranger. It may also be a parent or relative, however you may also want to consider an order for protection against domestic violence if the abuser is related to the child.
Note: If your child has contact with an adult who committed a crime against another child, you cannot apply for an order for protection of children unless the abuser committed a crime against your child. For example, if you know that there is a registered sex offender/ pedophile living next door, you cannot apply for an order for protection to keep him/her away from your child unless s/he harms your child.
1 N.R.S. § 33.400(1)
My child was abused by a minor (under 18). Can I get an order for protection of children against a minor?
You can only apply for an order for protection of children against someone who is 18 or older.1 Depending on the type of abuse and the relationship between your child and the abuser, you may be able to get another kind of protection order such as an order for protection against domestic violence, an order for protection against stalking and harassment, an order for protection against harassment in the workplace, or an order for protection against sexual assault. For more information please see our NV Restraining Orders page.
1 N.R.S. § 33.400(1)
How much will it cost to file for an order for protection of children?
There are no fees for filing for an order for protection of children.1 Also, it will not cost anything to have the order for protection of children served on the abuser if s/he is in the state of Nevada.2
Note: After the hearing, the judge may order the abuser to pay some or all of the court costs and fees.1
1 N.R.S. § 33.410(1)
2 N.R.S. § 33.410(3)
Do I need an attorney to get an order for protection of children?
No, you do not need a lawyer to get an order for protection of children,1 but it is often better to have one. It may be in your interest to hire an attorney, especially if you think the abuser will be represented by one. You might be able to find an attorney on our NV Finding a Lawyer page.
1 N.R.S. § 33.410(2)(c)
What are the steps to get an order for protection of children?
The steps for getting an order for protection of children will be similar to the steps for getting an order for protection but you will need to fill out different forms.
Check on our NV Download Court Forms page to see if the forms are available online. Otherwise, you can get the forms at the courthouse when you go to file.
What can I do if the abuser violates the order?
If you believe the abuser has violated the order, you can immediately call the police. If an abuser has been served with a copy of the order for protection of children and violates the order, the police can immediately arrest him/her. 1
For more information about contempt, including the difference between criminal contempt and civil contempt, go to our general Domestic Violence Restraining Orders page.
1 N.R.S. § 33.430(2)
Orders for Protection Against Harassment in the Workplace
This is an order obtained by an employer that provides protection from an abuser while you are in the workplace.
Basic info
What is the legal definition of harassment in the workplace?
This section defines harassment for the purpose of getting an order for protection against harassment in the workplace.
Harassment in the workplace is when a person threatens or causes:
- Bodily injury to himself/herself or another person;
- Damage to the property of another person; or
- Substantial harm to the physical health, mental health or safety of a person.
The threat or act must be against an employer, an employee while performing duties of employment, or a person present at the workplace of the employer.1
Note: To qualify as harassment, the victim must reasonably fear that the harasser’s threat will be carried out and/or the harasser’s actions must reasonably cause the victim to feel terrorized, frightened, intimidated or harassed.1
1 N.R.S. § 33.240
What is an order for protection against harassment in the workplace and what types of orders are there?
An order for protection against harassment in the workplace is a written court order that is designed to stop violent and harassing behavior in the workplace and to protect an employer, employees, and other people present in the workplace.
Temporary orders:
A temporary order for protection against harassment in the workplace is an order that can be issued with or without prior notice to the harasser.1 To get an order without prior notice to the harasser (known as an ex parte order), the employer’s petition has to make the judge believe that the harasser will cause immediate and irreversible damage or injury if the order isn’t issued at that time.2 If the judge does not feel that the employer proved this, then the harasser will get a chance to come to court to argue his/her side before the judge issues the temporary order.3
A temporary order lasts for up to 15 days or until a hearing is held for an extended order for protection.4 If an ex parte order is issued, the harasser can file in court for an earlier hearing to ask that the order be dropped – the harasser would only have to give the employer 2 days’ notice of this hearing.5
Extended orders:
An extended order lasts for up to one year.6 If the employer wants an extended order, s/he would file an application for an extended order during the 15 days or so that the temporary order is valid. The hearing for the extended order usually takes place within 10 days of when the employer files the application for the extended order.7
An extended order for protection against harassment in the workplace is awarded by a judge only after a hearing in which the employer and the harasser each have an opportunity to present evidence and tell their different sides of the story.
Note: A temporary order must be granted before an extended order can be requested.8
1 N.R.S. § 33.270(2),(3),(4)
2 N.R.S. § 33.270(4)(a)
3 N.R.S. § 33.270(3)
4 N.R.S. § 33.270(5)
5 N.R.S. § 33.270(9)
6 N.R.S. § 33.270(8)
7 N.R.S. § 33.270(5)-(6)
8 N.R.S. § 33.270(6)
Who can apply for an order for protection against harassment in the workplace? (Who is an employer?)
Any employer who reasonably believes that harassment in the workplace has taken place may file an application for a temporary order for protection against harassment in the workplace.1 An employer includes both private and public employers. A public employer could be the State of Nevada, agencies of the state, and political subdivisions of the state.2
1 N.R.S. § 33.250(1)
2 N.R.S. § 33.220
Who is considered to be an “employee” for the purposes of the order for protection?
An employee means any person who is employed by an employer. It could include someone who works part-time, full-time, or an independent contractor.1
1 See N.R.S. §§ 33.210, 33.220
Does my employer have to tell me if s/he is applying for an order for protection against harassment in the workplace based on me being harassed?
If an employer knows that you, specifically, have been the target of harassment in the workplace and the employer wants to apply for an order for protection due to this harassment, the employer must try to notify you before seeking an order for protection. However, if the employer is unable to reach you before s/he goes to court, it is possible that the judge will allow him/her to get the order anyway as long as the employer can prove s/he made a “good faith effort” to notify you.1
1 N.R.S. § 33.260
What protection can I get in an order for protection against harassment in the workplace?
Both a temporary and an extended order for protection against harassment in the workplace can:
- prevent the harasser from contacting the employer, an employee while s/he is performing duties of employment, and any person who is present at the workplace;
- order the harasser to stay away from the workplace; and
- order any other relief necessary to protect the employer, the workplace, the employees while they are performing duties of employment, and any other persons who are present at the workplace.1
1 N.R.S. § 33.280(1)
If the abuser lives in a different state, can I still get an order against him/her?
When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.
There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:
- The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
- One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
- If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.
However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.
You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.
Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.
Getting an order
How much does it cost to get an order for protection against harassment in the workplace?
There is a non-refundable filing fee for an order for protection against harassment in the workplace. The amount of the filing fee may be different in each court, so check with your local courthouse. (To find the contact information for the courthouse, go to NV Courthouse Locations.)
Also, when filing for a temporary order for protection against harassment in the workplace, the employer must give a security (money) to the court, in an amount determined by the court that is large enough to pay for costs and damages that the harasser might suffer, if the harasser is found “innocent.”1 The employer might get this bond money back, however, if after the court hearings, the judge does not issue a protection order or when the protection order expires on its own. The employer would file legal papers called a “Motion for Refund of Remaining Security.”2 Also, at the end of the court hearing, the judge can make the losing party pay the attorney’s fees of the winning party.3
1 N.R.S. § 33.270(2)
2 See for example, Clark County’s Motion for Refund of Remaining Security
3 N.R.S. § 33.270(10)
What are the steps to get an order for protection against harassment in the workplace?
The steps for getting an order for protection against harassment in the workplace will be similar to the steps for getting an order for protection against domestic violence but you will need to fill out different forms.
Check our NV Download Court Forms page to see if the forms are available online. Otherwise, you can get the forms at the courthouse when you go to file.
Do I need an attorney to get an order for protection against harassment in the workplace?
You do not need an attorney to file for an order of protection, but it is often better to have one. The court also encourages you to have a lawyer for this kind of order because orders for protection against harassment in the workplace can be complex. To find a lawyer in your area, please visit our NV Finding a Lawyer page.
Orders for Protection Against High-Risk Behavior
Basic info
What is an order for protection against high-risk behavior?
An order for protection against high-risk behavior, also known as a high-risk protection order, is a civil court order that keeps an individual (known as the respondent) from:
- having a firearm in his/her possession or control; and
- purchasing or getting a firearm.1
1 N.R.S. § 33.590
Who can file for an order for protection against high-risk behavior?
A law enforcement officer or the respondent’s family or household member can file for a high-risk protection order if the respondent poses an immediate risk of causing a self-inflicted injury or personal injury to another person by possessing, controlling, or purchasing a firearm.1
You are considered to be the respondent’s family or household member if you:
- are related to the respondent by blood, adoption, or marriage;
- have a child in common with the respondent;
- are the respondent’s domestic partner;
- have a parent-child relationship with the respondent, including biological, adoptive, or legal parents or grandparents;
- have acted as the respondent’s guardian; or
- currently have or previously had a dating or ongoing intimate relationship with the respondent.2
1 N.R.S. §§ 33.570; 33.560(1), (2)
2 N.R.S. § 33.540
What types of orders are there? How long do they last?
There are two types of orders for protection against high-risk behavior. The judge can issue an emergency order with or without the respondent having notice of the emergency hearing or being present for the hearing.1 The judge can issue an extended order after the respondent receives notice and has an opportunity to participate in a hearing.
1 N.R.S. § 33.570(3)
What protections can I get in an order for protection against high-risk behavior?
An emergency or extended order for protection against high-risk behavior will prohibit the respondent from:
- having a firearm in his/her possession or control; and
- purchasing or getting a firearm.1
The order will also require the respondent to immediately give up (surrender) any firearms in his/her possession or control to law enforcement.2
At the time any firearm is surrendered, the law enforcement agency will give the respondent a receipt with the description of each firearm surrendered. The respondent is required to show that receipt to the court within one business day. If the police believe that the respondent has not given up all of his/her firearms, they can apply to the court for a search warrant to search any place where they believe the firearms may be and take (seize) them.3
1 N.R.S. § 33.590
2 N.R.S. § 33.600(1)
3 N.R.S. § 33.600(2), (3)
Getting the order
How do I get an order for protection against high-risk behavior?
The steps to get an order for protection against high-risk behavior are similar to the steps to get an order for protection against domestic violence, but you will fill out different forms. When filing a petition for an order for protection against high-risk behavior, your application must include:
- your name;
- the respondent’s name and address if it is known;
- a detailed description of the behavior and acts that you consider to be high-risk behavior and the dates that those took place; and
- any additional documents or information.1
1 N.R.S. § 33.560(3)
How will a judge make a decision about whether to grant the order?
A judge will issue an emergency order for protection against high-risk behavior and later, an extended order, if s/he finds that:
- the respondent poses an immediate risk of causing a self-inflicted injury or a personal injury to another person by possessing, controlling, or purchasing a firearm;
- the respondent’s behavior is high-risk; and
- less restrictive options have been tried and did not work.1
The respondent’s behavior is considered “high-risk” when s/he:
- uses, attempts to use, or threatens to use physical force against another person;
- communicates a threat of immediate violence or commits an act of violence against himself/herself or another person;
- engages in a pattern of threats of violence or acts of violence against himself/herself or another person. This includes, but is not limited to, threats of violence or acts of violence that have caused another person to be in reasonable fear of physical harm;
- shows behavior that presents as dangerous to himself/herself or another person while:
- in possession, custody, or control of a firearm; or
- buying or otherwise getting a firearm;
- abuses a controlled substance or alcohol while doing any of the above actions; or
- gets a firearm or other deadly weapon within the previous six months before acting in any ways described above.2
A respondent is also considered to have engaged in “high-risk behavior” if s/he has previously been convicted of:
- violating a temporary or extend order for protection against domestic violence or sexual assault; or
- a crime of violence that was punishable as a felony.3
1 N.R.S. §§ 33.570(1); 33.580(1)
2 N.R.S. § 33.550(1)
3 N.R.S. § 33.550(2)
Can I renew or cancel an order for protection against high-risk behavior?
The judge can renew an extended order for protection against high-risk behavior after the respondent has received notice of your petition for renewal and has an opportunity to participate in a hearing. You must file a petition to renew the order within the three-month period before the order is set to expire. The judge can renew the order for up to one year.1
A temporary order or extended order can be canceled (dissolved) if the person who applied for the order, or the respondent, makes a request in writing to appear in court and asks that order be dissolved. The judge could dissolve the order if:
- s/he believes that the respondent no longer poses a risk of causing a self-inflicted injury or a personal injury to another person by having a firearm; or
- both parties agree that the order should be dissolved and the judge believes there is “good cause” to do so.2
1 N.R.S. § 33.640(3)
2 N.R.S. § 33.640(1)
What happens if the respondent violates the order?
If the respondent violates a high-risk protection order, the police may arrest the respondent, and s/he can be convicted of a misdemeanor.1 If the respondent is convicted, the judge could order the respondent to pay a fine of up to $1,000, go to jail for up to six months, or both.2
1 N.R.S. § 193.150(1)
2 N.R.S. § 33.550(1)
Moving to Another State with a Nevada Order for Protection
General rules
Can I get my order for protection from Nevada enforced in another state?
If you have a valid Nevada order for protection that meets federal standards, it can be enforced in another state. The Violence Against Women Act (VAWA), which is a federal law, states that all valid orders for protection granted in the United States receive “full faith and credit” in all state and tribal courts within the U.S., including U.S. territories, which means that each state must enforce out-of-state orders for protection in the same way it enforces its own orders. (See the next question to find out if your order for protection qualifies.) Therefore, if the abuser violates your out-of-state order for protection, s/he will be punished according to the laws of whatever state you are in when the order is violated.1
1 18 U.S.C. § 2265(a),(b)
How do I know if my order for protection is good under federal law?
An order for protection is good anywhere in the United States 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.1
- 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.2
Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.
1 18 U.S.C. § 2266(5)(A)
2 18 U.S.C. § 2265(a) & (b)
I have a temporary order for protection. Can it be enforced in another state?
An ex parte temporary order can be enforced in other states as long as it meets the requirements listed in How do I know if my order for protection is good under federal law?1
Note: The state where you are going generally cannot extend your ex parte temporary order or issue you a permanent order when the temporary one expires. If you need to extend your temporary order, you will have to contact the state that issued the order and arrange to be at the hearing in person or by telephone (if that is an option offered by the court). However, you may be able to reapply for one in the new state that you are moving to if you meet the requirements for getting a protective order in that state – but, if you apply for one in a new state, the abuser would know what state you are living in, which may put you in danger.
1 18 U.S.C. § 2265(b)(2)
Getting your order of protection enforced in another state
How do I get my order for protection enforced in another state?
Federal law does not require you to take any special steps to get your order for protection enforced in another state.
Many states do have laws or regulations (rules) about registering or filing of out-of-state orders, which can make enforcement easier, but a valid order for protection is enforceable regardless of whether it has been registered or filed in the new state.1 Rules differ from state to state, so it may be helpful to find out what the rules are in your new state. You can contact a local domestic violence organization for more information by visiting our Advocates and Shelters page and entering your new state in the drop-down menu.
1 18 U.S.C. § 2265(d)(2)
Do I need a special copy of my order for protection to it enforced?
In some states, you will need a certified copy of your order for protection. A certified copy says that it is a “true and correct” copy; it is signed and initialed by the clerk of court that gave you the order, and usually has some kind of court stamp on it. In Nevada, a certified order has a stamp and a seal on it.
The copy you originally received was most likely a certified copy. If your copy is not a certified copy, call or go to the court that gave you the order and ask the clerk’s office for a certified copy. There is no fee to get a certified copy of a NV order for protection.1
Note: It is a good idea to keep a copy of the order with you at all times. You will also want to bring several copies of the order with you when you move. Leave copies of the order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on. Give a copy to the security guard or person at the front desk where you live and/or work along with a photo of the abuser. Give a copy of the order to anyone who is named in and protected by the order.
1 N.R.S. § 33.050(4)
Can I get someone to help me? Do I need a lawyer?
You do not need a lawyer to get your order for protection enforced in another state.
However, you may want to get help from a local domestic violence advocate or attorney in the state that you move to. A domestic violence advocate can let you know what the advantages and disadvantages are for registering your order for protection, and help you through the process if you decide to do so.
To find a domestic violence advocate or an attorney in the state you are moving to please visit the Places that Help tab on the top of this page and then choose the state you want from the drop down menu on the left side of the page.
Enforcing custody provision in another state
I was granted temporary custody with my order for protection. Can I take my kids out of the state?
It will depend on the exact wording of the custody provision in your order for protection. You may have to first seek the permission of the court before leaving. If the abuser was granted visitation rights with your children, then you may have to have the order changed, or show the court that there is a fair and realistic alternative to the current visitation schedule.
To read more about custody laws, go to our NV Custody page and NV Parental Kidnapping page.
If you are unsure about whether or not you can take your kids out of the state, it is important to talk to a domestic violence advocate or lawyer who understands domestic violence and custody laws, and can help you make the safest decision for you and your children. You can find contact information for local domestic violence organizations and legal assistance in the NV area on our NV Places that Help page.
I was granted temporary custody with my order for protection. Will another state enforce this custody order?
Custody, visitation, and child support provisions that are included in an order for protection can be enforced across state lines. Law enforcement and courts in another state are required by federal law to enforce these provisions.1
1 18 U.S.C. §§ 2266(5), 2265(a)
Enforcing an Out-of-State Order in Nevada
If you are planning to move to Nevada or are going to be in Nevada for any reason, your protection or restraining order can be enforced.
General rules for out-of-state orders in Nevada
Can I get my protection order enforced in Nevada? What are the requirements?
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.1
- 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.2
Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.
1 18 U.S.C. § 2266(5)(A)
2 18 U.S.C. § 2265(a) & (b); N.R.S. § 33.085(1)
Can I have my out-of-state protection order changed, extended, or canceled in NV?
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 the abuser is living. To find out more information about how to modify a restraining order, see the Restraining Orders 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 NV but this may be difficult to do if no new incidents of abuse have occurred in NV. To find out more information on how to get an order for protection in Nevada, visit our NV Orders for Protection Against Domestic Violence page.
Registering your out-of-state order in Nevada
What is the National Crime Information Center (NCIC) Registry? Who has access to it?
The National Crime Information Center Registry (NCIC) is a nationwide, electronic database used by law enforcement agencies in the U.S, Canada, and Puerto Rico. It is managed by the FBI and state law enforcement officials.
Before moving to Nevada, the state that issued your protection order may already have entered your order into the NCIC. If not, your order will be entered into the NCIC once your order is registered in Nevada.
All law enforcement officials have access to the NCIC database, but the information is encrypted so outsiders cannot access it.
How do I register my protection order in Nevada?
You can register any order for protection against domestic violence issued by the court of another state, territory or Indian tribe within the United States or a Canadian domestic-violence protection order. To register your order, you need to take a certified copy of your order to the clerk of the county or district court where you think enforcement may be necessary. The clerk will then register your order and give you a certified copy of the registered order.1
The court will forward a copy of the order to law enforcement in your area.2 You might want to forward a copy to more than one county’s law enforcement to make enforcing the order easier if you are often in another county (such as where you work or go to school, where your children go to school, etc.).
The protection order will also be registered in the Central Repository for Nevada Records of Criminal History,3 which should be accessible by an officer anywhere in Nevada.
If you need help registering your protection order, you can contact a local domestic violence organization in Nevada for assistance. You can find contact information for organizations in your area here on our NV Advocates and Shelters page.
1 N.R.S. §§ 33.090(1),(2)(a)-(b)
2 N.R.S. § 33.090(2)(c)
3 N.R.S. § 33.090(2)(d)
Do I have to register my protection order in Nevada in order to get it enforced?
Nevada state law gives full protection to an out-of-state order for protection.1 Your order does not have to be entered into the state or federal registry in order to be enforced by a Nevada police officer, but the officer does need to believe that it is a valid (real) order.2 It may be easier for an officer to enforce your order if it contains the following information:
- Your name;
- The abuser’s name;
- Something that says your order is still valid (the expiration date is for some time in the future);
- Something that says the court that issued your order is a valid court, such as a stamp, seal, or signature that a court official placed on it.3
You might also be able get your order enforced even if you don’t have a copy of it with you. You can ask the officer to call the court that issued your order to confirm that it is real.4 It might be a good idea to keep that number on hand.
1 N.R.S. § 33.085(1)
2 N.R.S. § 33.085(5)
3 N.R.S. § 33.085(3)(a)-(c)
4 N.R.S. § 33.085(4)(c)
Will the abuser be notified if I register my protection order?
Under the federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, the court is not permitted to notify the abuser when a protective order has been registered or filed in a new state unless you specifically request that the abuser be notified.1 However, you may wish to confirm that the clerk is aware of this law before registering the order if your address is confidential.
However, remember that there may be a possibility that the abuser could somehow find out what state you have moved to. It is important to continue to safety plan, even if you are no longer in the state where the abuser is living. We have some safety planning tips to get you started on our Staying Safe page. You can also contact a local domestic violence organization to get help in developing a personalized safety plan. You will find contact information for organizations in your area on our NV Advocates and Shelters page.
1 18 USC § 2265(d)
Does it cost anything to register my protection order?
There is no fee for registering your protection order in Nevada.1
1 N.R.S. § 33.090(3)(a)
What if I don't register my protection order? Will it be more difficult to have it enforced?
While neither federal law nor Nevada state law requires that you register your protection order in order to get it enforced, if your order is not entered into the state registry, it may be more difficult for a Nevada law enforcement official to determine whether your order is real. Meaning, it could take longer to get your order enforced.
If you are unsure about whether registering your order is the right decision for you, you may want to contact a local domestic violence organization in your area. An advocate there can help you decide what the safest plan of action is for you in Nevada. To see a list of local domestic violence organizations in Nevada, go to our NV Advocates and Shelters page.
I was granted temporary custody with my out-of-state protection order. Will I still have temporary custody of my children in NV?
As long as the child custody provision complies with certain federal laws,1 Nevada can enforce a temporary custody order that is a part of a protection order.
To have someone read over your order and tell you if it meets these standards, contact a lawyer in your area. To find a lawyer in your area click here NV Finding a Lawyer.
1 The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping Prevention Act of 1980.