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Legal Information: Nevada

Restraining Orders

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November 3, 2020

How do I get a high-risk protection order?

The steps to get a high-risk protection order are similar to the steps to get an order of protection against domestic violence, but you will fill out different forms. When filing a petition for a high-risk protection order, your application must include:

  • your name and whether you are asking for an ex parte or extended high-risk protection order or both;
  • the respondent’s name and address if it is known; and
  • a detailed description of the behavior and acts that you consider to be high-risk behavior and the dates that those took place.1

The clerk of the court or another person at the court must provide you with free information about the:

  • availability of an ex parte or extended order;
  • procedure for filing for an order;
  • procedure for changing, ending, or renewing an order; and
  • right to go forward with the case without an attorney.2

Someone at the court must also be available to assist you with your application for the order, the affidavit, and any other paperwork needed to file an application for an ex parte or extended order. However, this person cannot provide you with legal advice.3

1 N.R.S. § 33.560(3)
2 N.R.S. § 33.610(1)
3 N.R.S. § 33.610(2)

How will a judge make a decision about whether to grant the order?

A judge will issue a high-risk protection order if s/he finds that:

  • 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;
  • 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;
  • 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 a high-risk protection order?

The judge can renew an extended high-risk protection order 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.

Note: Even if a law enforcement officer filed the initial petition, a family or household member of the respondent may be able to file the renewal petition and vice versa. 1

1 N.R.S. § 33.640(4)

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)