How to File a Restraining Order in Nevada

File a Restraining Order How to File a Restraining Order in Nevada

How to File for a Restraining Order in Nevada County

Sad as it may seem, we live in a world with malicious characters – some who'll go out of their way to inflict physical, emotional, and psychological torture on others. It doesn't matter if it is somebody close like a relative, friend, or someone distant like a neighbor or stranger even; you don't have to endure the torment. Well, one of the quickest actions you can take to reclaim your life is to file a restraining order against them.

But while you might have all the rights in the world to one, getting a restraining order isn't a walk in the park. It usually involves a series of applications and files, not to mention court appearances that will likely have you look your tormentor in the eyes. And this can cause even more emotional distress. If you happen to stay in Nevada, DoNotPay is here to take a little off your plate and help you get your restraining order filed the easy way. Let's see how.

What Is a Restraining Order and What Does It Do?

First, it is important we understand what a restraining order is precisely and what you stand to gain from getting one. To break it down, a restraining order is a document issued by the court to keep someone from causing further harm to another. It is often given following criminal proceedings in cases involving harassment, domestic violence, sexual assault, or stalking.

In the state of Nevada in particular, the restraining strictly requires an individual to refrain from harming or contacting another person. The order may also require that:

  • The offender maintains their distance from a person's premises or property
  • The offender maintains a certain distance from the person at all times
  • The offender refrains from directly or indirectly contacting the person

Ideally, with legal penalties in place, an abusive party would be discouraged from coming close to or inflicting further abuse on a victim. The restraining order kind of acts like an imaginary barrier between you and the person you file it against. There is no charge when you file for a restraining order for protection against domestic violence.

Who Is Eligible for an Order for Protection Against Domestic Violence?

The only way one can get an order for protection is when the abuser commits certain acts that fall under the legal definition of domestic violence in Nevada. You qualify for a restraining order if you are:

  • Someone that shares a child with the abuser
  • Someone who has dated the abuser
  • A child of any of the individuals mentioned above
  • Any person signed as a custodian/child of the abuser's child.

The restraining order can be filed against anyone, including:

  • A member of the family
  • Someone you've had an abusive relationship with
  • A roommate who poses a threat

Keep in mind that restraining orders don't apply to anonymous people. So, you can't just report someone because of speculation.

Types of Restraining Orders

There are three main types of restraining orders in Nevada that you can file for:

Emergency Protective OrdersThis order is usually issued at the request of a police or law enforcement officer. It usually happens when the officer reports to the person's residence to respond to a disturbance. The officer will assess the situation, and if they deem a protective order necessary, they will contact the court and ask for one. This order goes into effect as soon as it is issued.

Emergency protective orders are temporary and will order lasts for five to seven days. This should allow you time to go to court to ask for the issuance of a domestic violence restraining order (DVRO).

Temporary Restraining OrderAlso known as a TRO, a temporary restraining order is issued only when you need immediate protection. You see, when you visit a courtroom applying for a restraining order for the first time, the judge usually gives a date for the hearing. As you wait, you might still need protection. This is where the TRO comes in.

It will be issued without giving the abuser a prior warning or without them being present and should keep you protected until the hearing. In Nevada, the TRO runs for 45 days. It is important to note that the abuser can still file to dismiss or modify the order within the time, in which case a hearing will be held with you present.

Restraining Order after the Hearing/ Permanent Restraining OrderWhile it sounds more reassuring, a permanent restraining order will grant you the same protection as a temporary one. Only it will last longer and come after a hearing. Both you and the person you are filing against will be required to attend the hearing, and the abuser will be allowed to defend themselves.

Once the judge rules on the case, they either issue a restraining order or dismiss the complaint. Your typical restraining order can last anywhere between 2 and 5 years. Once the period nears its end, you can request that the court extend the order, but you have to do it before the current one expires.

How to Obtain a Restraining Order?

The process of obtaining a restraining order in Nevada is not as easy as we may think. The courts have to ensure that the individual filing for a restraining order legitimately needs it. There are a few legal procedures you'll need to follow to obtain the restraining order, including:

  1. File an application in court.
  2. Fill out the petition.
  3. A judge will consider your application.
  4. Service of process.
  5. The hearing for an extended order.

If you feel like you can't wait for a hearing, you can request a Temporary Protection Order, which will take immediate effect. As we saw, the TRO offers the same protection as a permanent restraining order, only that it lasts a shorter time (45 days).

What Happens After a Restraining Order Hearing?

During the restraining order hearing, the judge will listen to both sides while considering the evidence provided. The judge will then make a ruling and will likely grant the restraining order on the same day of the hearing.

How to Apply for a Restraining Order With the Help of DoNotPay

Now, while applying for a restraining order may seem straightforward, it can take its toll on the applicant. It can be even more stressful if you are applying for the first time and have no idea where to start. Well, that is where DoNotPay comes in. We've streamlined all our processes to make sure your restraining order is quickly processed, so you can feel safe as soon as possible.

Using DoNotPay is fast and easy. You only need to follow the steps below.

  1. Search for relationship protection on DoNotPay.

     

  2. Answer a few easy questions on our File a Restraining Order product.

     

  3. Submit the form and you’re done!

     

What Else Can DoNotPay Do

At DoNotPay, we take matters of abuse very seriously, and as such, we work relentlessly to advocate for you and make sure you get the help you need fast and easily. We have answers to any questions you may have about restraining orders, including:

Other than that, we can help with any other application on legal matters, including filing;

We acknowledge that it is possible to achieve all these yourself. However, with DoNotPay, you can save yourself all the trouble. You only need to fill in a few details and lay back as we jump the hoops for you. So contact us today and let us take care of it.

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