What is an order for protection against sexual assault? What types of orders are there?
An order for protection against sexual assault is a court order that protects the victim from the abuser. For more information on what these orders can do for you, see How can an order for protection against sexual assault help me?
There are two types of orders for protection against sexual assault in Nevada: temporary orders and extended orders.
A temporary order for protection against sexual assault is an order that can be granted on the day you first apply for an order in court. Whether you get this order will be based on the information you include in your petition as well as your testimony or any evidence you present when you are in front of the judge who is reviewing your petition. You can get the order without the abuser being present in court or notified of your application for a temporary order (known as an ex parte order).1 The temporary order will last up to 30 days or until your court hearing for an extended order takes place (assuming that you file a petition for an extended order within those 30 days).2
Note: Once your temporary ex parte order is served on the abuser, s/he can file legal papers to ask the court to hold a hearing (sooner than the scheduled court hearing) at which the abuser can ask the court to change or drop the temporary order. S/he has to give you only 2 days’ notice of this new hearing.3
An extended order will last for up to one year.4 An extended order could be granted after the abuser has been given notice of the court hearing and a hearing takes place in which you and the abuser each have an opportunity to present evidence, witnesses and testimony to prove your case.1 You may want to have a lawyer represent you at this hearing, especially if you think the abuser will have one. For free and paid legal services, go to our NV Finding a Lawyer page.
1 N.R.S. § 200.378(3)
2 N.R.S. § 200.3782(1)
3 N.R.S. § 200.3782(2)
4 N.R.S. § 200.3782(3)