WomensLaw is not just for women. We serve and support all survivors, no matter their sex or gender.

Legal Information: Nevada

Restraining Orders

View all
Updated: 
August 6, 2021

How do I get an order for protection against high-risk behavior?

The steps to get an order for protection against high-risk behavior are similar to the steps to get an order for protection against domestic violence, but you will fill out different forms. When filing a petition for an order for protection against high-risk behavior, your application must include:

  • your name;
  • the respondent’s name and address if it is known;
  • a detailed description of the behavior and acts that you consider to be high-risk behavior and the dates that those took place; and
  • any additional documents or information.1

1 N.R.S. § 33.560(3)

How will a judge make a decision about whether to grant the order?

A judge will issue an emergency order for protection against high-risk behavior and later, an extended order, if s/he finds that:

  • the respondent poses an immediate risk of causing a self-inflicted injury or a personal injury to another person by possessing, controlling, or purchasing a firearm;
  • the respondent’s behavior is high-risk; and
  • less restrictive options have been tried and did not work.1

The respondent’s behavior is considered “high-risk” when s/he:

  • uses, attempts to use, or threatens to use physical force against another person;
  • communicates a threat of immediate violence or commits an act of violence against himself/herself or another person;
  • engages in a pattern of threats of violence or acts of violence against himself/herself or another person. This includes, but is not limited to, threats of violence or acts of violence that have caused another person to be in reasonable fear of physical harm;
  • shows behavior that presents as dangerous to himself/herself or another person while:
    • in possession, custody, or control of a firearm; or
    • buying or otherwise getting a firearm;
  • abuses a controlled substance or alcohol while doing any of the above actions; or
  • gets a firearm or other deadly weapon within the previous six months before acting in any ways described above.2

A respondent is also considered to have engaged in “high-risk behavior” if s/he has previously been convicted of:

  • violating a temporary or extend order for protection against domestic violence or sexual assault; or
  • a crime of violence that was punishable as a felony.3

1 N.R.S. §§ 33.570(1); 33.580(1)
2 N.R.S. § 33.550(1)
3 N.R.S. § 33.550(2)

Can I renew or cancel an order for protection against high-risk behavior?

The judge can renew an extended order for protection against high-risk behavior after the respondent has received notice of your petition for renewal and has an opportunity to participate in a hearing. You must file a petition to renew the order within the three-month period before the order is set to expire. The judge can renew the order for up to one year.1

A temporary order or extended order can be canceled (dissolved) if the person who applied for the order, or the respondent, makes a request in writing to appear in court and asks that order be dissolved. The judge could dissolve the order if:

  • s/he believes that the respondent no longer poses a risk of causing a self-inflicted injury or a personal injury to another person by having a firearm; or
  • both parties agree that the order should be dissolved and the judge believes there is “good cause” to do so.2

1 N.R.S. § 33.640(3)
2 N.R.S. § 33.640(1)

What happens if the respondent violates the order?

If the respondent violates a high-risk protection order, the police may arrest the respondent, and s/he can be convicted of a misdemeanor.1 If the respondent is convicted, the judge could order the respondent to pay a fine of up to $1,000, go to jail for up to six months, or both.2

1 N.R.S. § 193.150(1)
2 N.R.S. § 33.550(1)