A protective order, often called a restraining order, is filed by a plaintiff against an “adverse party.” In these cases, the person petitioning for the restraining order is often someone of acquaintance or relation who feels as if they are under some reasonable threat of danger or harm. In Las Vegas, the Justice Court is permitted to issue Temporary Protective Orders. No restraining order is really permanent, as domestic violence restraining orders can only last one year. Judges can also issue “stay away” orders which are separate from protective orders. There are many different types of protective orders for all types of circumstances.
In the state of Nevada, an individual can file a protective order to protective themselves against stalking, harassment, harm to minors, sexual assault, and even harassment at the workplace. If you have been accused of domestic violence, the Las Vegas Justice Court does not issue the restraining orders for domestic violence, but rather the District Court Family Division. In order to secure a restraining order, a person usually has to prove that the concerning actions occurred more than once. Protective orders can be extended if they are going to expire if the Motion to Extended Order of Protection is approved. If a restraining order has been filed against you, this could significantly stunt your personal freedoms such as where you visit and who you can see.
Activities such as stalking and harassing are illegal in the state of Nevada as defined in the statutes. Listed below are some of those crimes and where they are found in the penal code.
It is a crime to violate the terms of your restraining order. Each restraining order will have different terms and conditions; it is vital to understand these so you are not accused of a violation. Your defense attorney may be able to prove that you did not intend to violate your protective order as a possible defense. Another possible defense available is claiming that the order was not properly served. If an applicant obtains a temporary restraining order, this order must be served to the adverse party. Your attorney can evaluate how your protective order should have been served to see if there was any failure to comply with these requirements.
Remember, you are also innocent until proven guilty. The burden of proof is on the prosecution to prove that you actually violated the terms of your protective order.
Have you had a restraining order filed against you? Okabe & Haushalter may be able to defend you. Please call us to receive a free case evaluation so that we can inform you of your rights and how our firm may be able to assist you. These types of allegations not only put people at risk of serious criminal penalties, but also a negative social stigma for perhaps a lifetime. Please do not hesitate to contact a Las Vegas criminal defense lawyer from Okabe & Haushalter!