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)