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Legal Information: Nevada

Restraining Orders

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Updated: 
July 14, 2020

What types of orders are there? How long do they last?

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 the abuser committed an act of domestic violence or there was a threat of domestic violence, the judge should grant you a temporary order without considering any other factor. The judge must make a decision within one judicial day of receiving your application. A temporary order can last up to 45 days or until your hearing 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, if necessary.1

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.2

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.3 An extended order lasts for up to two years.4 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.5

1 N.R.S. §§ 33.020(1)-(7); 33.080(1)
2 N.R.S. § 33.020(8)-(10)
3 N.R.S. § 33.020(4)
4 N.R.S. § 33.080(3)
5 Local Rule for the 8th District in Clark County, EDCR 5.22(k)