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Legal Information: Nevada

Restraining Orders

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Updated: 
August 6, 2021

What is an order for protection against high-risk behavior?

An order for protection against high-risk behavior, also known as a high-risk protection order, is a civil court order that keeps an individual (known as the respondent) from:

  • having a firearm in his/her possession or control; and
  • purchasing or getting a firearm.1

1 N.R.S. § 33.590

Who can file for an order for protection against high-risk behavior?

A law enforcement officer or the respondent’s family or household member can file for a high-risk protection order if the respondent poses an immediate risk of causing a self-inflicted injury or personal injury to another person by possessing, controlling, or purchasing a firearm.1

You are considered to be the respondent’s family or household member if you:

  • are related to the respondent by blood, adoption, or marriage;
  • have a child in common with the respondent;
  • are the respondent’s domestic partner;
  • have a parent-child relationship with the respondent, including biological, adoptive, or legal parents or grandparents;
  • have acted as the respondent’s guardian; or
  • currently have or previously had a dating or ongoing intimate relationship with the respondent.2

1 N.R.S. §§ 33.570; 33.560(1), (2)
2 N.R.S. § 33.540

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

There are two types of orders for protection against high-risk behavior. The judge can issue an emergency order with or without the respondent having notice of the emergency hearing or being present for the hearing.1 The judge can issue an extended order after the respondent receives notice and has an opportunity to participate in a hearing.

1 N.R.S. § 33.570(3)

What protections can I get in an order for protection against high-risk behavior?

An emergency or extended order for protection against high-risk behavior will prohibit the respondent from:

  • having a firearm in his/her possession or control; and
  • purchasing or getting a firearm.1

The order will also require the respondent to immediately give up (surrender) any firearms in his/her possession or control to law enforcement.2

At the time any firearm is surrendered, the law enforcement agency will give the respondent a receipt with the description of each firearm surrendered. The respondent is required to show that receipt to the court within one business day. If the police believe that the respondent has not given up all of his/her firearms, they can apply to the court for a search warrant to search any place where they believe the firearms may be and take (seize) them.3

1 N.R.S. § 33.590
2 N.R.S. § 33.600(1)
3 N.R.S. § 33.600(2), (3)