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What is a protective order?

There are times in Nevada when a person may need to obtain an order of protection against another person with whom he or she has had a previous relationship. The purpose of a protective order is to either make the other person do some specific thing or to refrain from doing something and thus to help make the protected person safer while preventing the restrained person from causing potential harm.

Protective orders are often issued in cases of domestic violence. A victim of abuse or violence may need to obtain a protective order to prevent the other person from contacting them or attempting to do so through a third party.

An order based on domestic violence can be obtained on an emergency basis. After obtaining an emergency or temporary order, the other party will then need to be served notice of the order by using the sheriff’s department. The court will then hold a hearing at which both parties will present testimony and evidence as to whether the order should be made permanent. If the court believes the order is necessary, the court will extend the length of time in which the order will be in effect.

People who have been victims of domestic violence, stalking, harassment or assaults at the hands of a person with whom they have had a relationship may benefit by seeking and obtaining a protective order against the other party. If the other party violates the provisions of the protection order, he or she can then be criminally prosecuted at either a misdemeanor or felony level. In order to obtain a protection order, a person who believes one is necessary may wish to seek the help of a family law attorney for the application and hearing.

Source: Clark County Gov, “NEVADA PROTECTION ORDER HANDBOOK “, November 13, 2014

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