Click to visit Extending a Protection Order for forms and more information. Does the adverse party have any legal remedies once the protection order is issued? Click to visit Modifying, Dissolving, or Appealing a Protection Order for forms and more information.
If the adverse party violates the protection order, what should I do? If the adverse party violates the protection order, you should call the police and report the incident immediately.
In addition, you should consider filing a motion to hold the adverse party in contempt of court. The court will review your motion and decide whether a hearing should be scheduled. Click to visit Enforcing a Protection Order for forms and more information. What is the criminal penalty for violating a protection order? If the act that constitutes the violation of a protection order is itself a felony, the adverse party can be punished by imprisonment in the state prison "for a term equal to and in addition to the term of imprisonment prescribed by statute" for the act that constitutes the violation.
NRS How does a protection order application move through the court? This website is intended to provide general information, forms, and resources for people who are representing themselves in a Clark County court without a lawyer. The information on this website is NOT a substitute for legal advice. Talk with a lawyer licensed in Nevada to get legal advice on your situation. The applicant could be: A person who believes they need protection because they have been the victim of a crime involving stalking or harassment or sexual assault.
A parent or guardian of a child who has been the victim of a crime categorized as harmful to minors. An employer or business that believes the crime of harassment in the workplace has occurred. A protection order can do a number of things. Order the adverse party to comply with any other restriction the court deems necessary to protect the victim or any other person named in the order.
You can apply for a protection order if: You reasonably believe that you are the victim of a crime involving stalking or harassment, You reasonably believe that you are the victim of sexual assault, You are the agent of a business where the crime of harassment in the workplace has occurred, or You are the parent or guardian of a child and you reasonably believe the child has been the victim of a crime categorized as harmful to minors.
If the adverse party is making threatening phone calls to you, and you received those phone calls in Henderson, you can file you application in the Henderson Justice Court. If the court grants your application, a written protection order will be prepared and sent to the appropriate law enforcement agency for service on the adverse party.
If 1 you have provided insufficient information to locate the adverse party, or 2 the adverse party is a minor, or 3 the adverse party resides outside Clark County or in another state, it will be your responsibility to contact the proper law enforcement agency where the adverse party resides in order to have the protection order served. Deny your application. If your application is denied, the justice of the peace will issue an order explaining the reason for the denial.
Find the center nearest you here. There is no fee for filing a protective order. If Court Order is issued, the judges may order the abuser to pay the court costs. If you dismiss the order or the judge finds that you don't need one, the may order you to pay the costs. The Judge will decide immediately whether an Emergency Temporary Order will be issued and will set a hearing date to decide whether to issue a "finalized protective order.
In some cases, a continuous order that does not expire may be entered. If the abuser has a weapon, you can request that the protective order require the abuser to surrender the weapon. If you share a home with the abuser, the protective order can require the abuser to leave the home.
While the order can restrain the abuser from children in your custody, custody itself cannot be decided in a protective order. In some cases the Judge may enter an emergency custody order until the hearing is held. You should contact the local police or the county sheriff's office immediately. Always remember to carry of copy of your protective order with you. Pauper's Affidavit. Criminal Law Problems.
Live Chat click here. Utility payment help, rent payment help, food pantries and more Dial from any phone. L aw H elp. Hide Your Visit. Text size: A A A. Search for resources and organizations in this language Advanced Search. It can set limits on the abuser's behavior such as: Order the abuser to stop abusing you and your children. Tell the abuser to leave and stay away from your home, work place, and family.
Direct the abuser to have no contact with you, including no phone calls, letters, or messages through other people. Order the abuser to stay away from the children, their baby sitter, day care, or school.
While there are differences from state to state, all protective order statutes allow the judge to order one or more of the following provisions: Cease abuse - order the abuser to stop hurting or threatening you. No contact - to prohibit all contact, whether by telephone, text messages, notes, mail, fax, email, through a third person, or delivery of flowers or gifts. Support - order the abuser to pay you temporary child support or continue to make mortgage payments on a home owned by both of you.
Exclusive use - to award you sole use of a home or car owned by both of you. Restitution - to pay you for medical costs or property damage caused by the abuser, for example. Custody, visitation, and child support - many jurisdictions also allow the court to make decisions about the care and safety of your children as part of your restraining order.
Some can even issue child support orders within the restraining order. You can also ask the court to order supervised visitation, or to specify a safe arrangement for transferring the children back and forth between you and the abuser.
Did you find this information helpful? Yes No. When an abuser violates a restraining order. The difference between civil contempt and criminal contempt. View a state Know the Laws - By State State vs.
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