What is an order for protection against domestic violence? What types of orders are there?
An order for protection is a written court order that is designed to stop violent and harassing behavior and to protect you and your children from the abuser. Orders for protection can also be known as protection orders or restraining orders.
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 for a temporary or extended order for protection. If a judge finds that you or your family are in danger of being harmed, s/he can grant a temporary order within 1 judicial day of receiving your application. The judge would confirm A temporary order can last up to 30 days. However, if you file for an extended order at the same time that you file for the temporary order (or at any time while the temporary order is in effect), the temporary order will last until the date of your hearing for an extended order (which could be up to 45 days from the date you file 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 after that if necessary.*
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 phone 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, 7 days/week in counties whose population is 52,000 or more; in a county with less than 52,000 people, it is optional (not mandatory) for the county to make judges available 24 hours per day.*1
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.*2 An extended order lasts for up to one year.*3 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 for protection to 60 days and not for the whole year.*4
* N.R.S. §§ 33.020(1)-(5); 33.080(1)
*1 N.R.S. § 33.020(7)-(9)
*2 N.R.S. § 33.020(3)
*3 N.R.S. § 33.080(3)
*4 Local Rule for the 8th District in Clark County, EDCR 5.22(k)