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 Domestic Violence and Firearms Resource Center’s 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 Tips.
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.
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.