Who is eligible for an order for protection against domestic violence?
Domestic violence, for the purpose of getting an order for protection, is when an abuser commits certain acts against one of the following people:
- the abuser’s spouse or ex-spouse;
- anyone related to the abuser by blood or marriage but this does not include a sibling or cousin unless there exists a custodial or guardianship relationship;
- someone with whom the abuser has/had a dating relationship;
- someone with whom the abuser has a child in common;
- the minor child of any of the people described above; or
- the abuser’s minor child or any other person who has been appointed the custodian or legal guardian for the abuser’s minor child.1
If you fall into any of the above categories, you may be eligible to file for an order for protection against the abuser. It doesn’t matter if the abuser is an adult or a minor (under 18).
A parent or guardian can file for an order of protection for a child (under 18), an elderly person, or anyone who is unable to file for themselves because of disability or hospitalization.
1 N.R.S. § 33.018(1), (2)
Can I get an order for protection against domestic violence against a same-sex partner?
In Nevada, you may apply for an order for protection against domestic violence against a current or former same-sex partner as long as the relationship meets the requirements listed in Who is eligible for an order for protection against domestic violence? You must also be the victim of an act of domestic violence, which is explained here What is the legal definition of domestic violence in Nevada?
You can find information about LGBTQIA victims of abuse and what types of barriers they may face on our LGBTQIA Victims page.
How much does it cost to get an order for protection against domestic violence?
There are no fees for filing an order for protection against domestic violence or for getting a certified copy of the order.
Note: After the hearing, the judge may require the abuser to pay some or all court costs and fees.1
1 N.R.S. § 33.050(1), (4)
Do I need an attorney to get an order for protection?
No, you do not need an attorney to file for an order for protection,1 but it is often better to have one. It may be in your interest to hire an attorney, especially if the abuser is represented by one. Go to our NV Finding a Lawyer page for legal referrals. If you cannot find a lawyer through this link, a domestic violence organization in your area may be able to refer you to a different attorney or legal aid service that will take your case for free. Additionally, often domestic violence organizations can help you through the process if you do not have an attorney. To find an advocate or domestic violence organization in your area, please visit our NV Advocates and Shelters page.
1 N.R.S. § 33.050(2)(c)