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Legal Information: Nevada

Restraining Orders

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Updated: 
November 3, 2020

What is a high-risk protection order?

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, custody, or control; and
  • purchasing or getting a firearm.1

1 N.R.S. § 33.590

Who can file for a high-risk protection order?

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 personal injury to himself/herself or another person by possessing, having in his/her custody or control, 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 high-risk protection orders: ex parte orders and extended orders.

Ex parte orders: The judge can issue an ex parte high-risk protection order without the respondent having notice of the hearing or being present for the hearing. An ex parte order expires within 7 days. However, an ex parte order could remain in effect longer, until a hearing for an extended order is held, if the petitioner files an application for an extended order either:

  • at the same time s/he files for an ex parte order; or
  • before the expiration date of the ex parte order.1

Extended orders: The judge can issue an extended order after the respondent receives notice and has an opportunity to participate in a hearing. An extended high-risk protection order can last up to one year.2

1 N.R.S. § 33.640(1)
2 N.R.S. § 33.640(2)

What protections can I get in a high-risk protection order?

A high-risk protection order (both an ex parte and an extended order) will prohibit the respondent from:

  • having a firearm in his/her possession, custody, or control; and
  • purchasing or getting a firearm.1

The order will also require the respondent to give up (surrender) any firearms. Then, the respondent must immediately give any firearms in his/her possession, custody, or control to:

  • the law enforcement agency specified in the order; or
  • a person that does not live with the respondent who the judge has specified can receive the firearms.2

The respondent is required to show proof that s/he gave up any firearms not later than 72 hours or one business day after giving up the firearms.3

1 N.R.S. § 33.590
2 N.R.S. § 33.600
3 N.R.S. § 33.600(2), (3)