Las Vegas Restraining Order Violation Lawyer
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When domestic violence allegations are made, alleged victims will usually seek to obtain a restraining order as a measure of protection. Protective orders, as they are sometimes known, will prohibit contact between the alleged victim and the defendant.
With restraining orders, a judge will decide what is included in this order. As such, each one is unique to the particular case. If you have been accused of domestic violence and there is a restraining order, a criminal lawyer can help you understand what it entails.
In some cases, you may be arrested for violating a restraining order related to a domestic violence charge. Spartacus Law Firm has a team of experienced attorneys specializing in domestic violence defense in Las Vegas that can help you fight the charge.
Under Nevada law NRS 33.100, “A person who intentionally violates a temporary order is guilty of a misdemeanor.” With regards to an extended order, “A person who intentionally violates who has not previously violated an extended order is guilty of a misdemeanor.”
If you are convicted of this charge, you may be sentenced to up to six months in jail and fined up to $1,000. Furthermore, you could face a gross misdemeanor or a category C felony if it is an extended restraining order where the violation involves harassment, stalking, child abuse, or sexual assault.
If you were arrested for violating a restraining order, a restraining order violation lawyer could help prepare a strong defense to preserve your reputation. Contact Spartacus Law Firm today for the representation you need.
What Does a Restraining Order Do?
Restraining orders are authorized by the court and designed to protect a victim from a person charged with domestic violence directed against them. Judges will set the parameters you must follow to avoid violating the terms.
As such, the judge may include that you stay away from the accuser and refrain from making any contact with them. They may order that you end harassment of them and stay away from their home, workplace, school, or other locations. Additionally, you may be required to give up possession of any firearms and temporarily give up custody of minor-aged children.
Restraining orders may be granted by a judge in Nevada for cases of domestic violence, harassment, stalking, sexual assault, workplace harassment, and child abuse. Once these terms and conditions have been stated and ordered, you will be provided with notice. Upon that point, if you violate those terms, it will result in an arrest.
What Is Considered Violation of a Restraining Order?
If you violate any provision of a restraining order that is issued by a Las Vegas court, you can be arrested. This often comes up in domestic violence cases. You may need something from your house, but the protective order bans you from going there even if the alleged victim tells you that it’s okay for you to get the item you need. However, you could be arrested for going home even to get something that belongs to you.
The police will need probable cause to make an arrest. In these instances, when a restraining order has been violated, the word of the applicant for this order is sufficient.
What Are the Penalties for Violating Restraining Orders?
If you are convicted of violating a restraining order against you, you will face punishments defined by the criminal charge that resulted in the filing of the protective order.
For domestic violence, that could be up to six months in jail and up to $1,000 in fines. Harassment in the workplace is similar regarding punishments. Stalking generally results in up to 364 days in jail along with up to $2,000 in fines for a temporary protective order (TPO). However, if you violate an extended protective order, that’s a category C felony that could result in one to five years in prison and up to $10,000 in fines.
Sexual assault and child abuse also have the same punishments for violating a TPO and an extended protective order. For any of these charges, if you are found in possession of a firearm when the restraining order has explicitly prohibited you from having one, it is a category B felony. You could receive one to six years in prison and a $5,000 fine.
How Can You Defend Yourself Against a Restraining Order Violation Charge?
Spartacus Law Firm will defend you against the charges you face for violating a temporary or extended restraining order in Las Vegas. It is imperative that you retain the services of a skilled restraining order violation attorney to fight these charges.
When it comes to defense against these allegations, it all boils down to intent. The prosecution must be able to show you acted with the intention of violating the terms of the protective order.
Often, contact can be coincidental, such as going to the same restaurant as the applicant of the order or pocket-dialing from your phone. An experienced defense lawyer can demonstrate that this was merely an accidental occurrence.
Additionally, a law enforcement officer must serve the restraining order in accordance with the law. If there is improper service of this order, then you can use this as your defense.
Above all, there must be proof for prosecutors to show that you violated the terms of the restraining order. If they cannot do so, the case can be dismissed.
Spartacus Law Firm has dealt with countless cases like these, and we know how to handle the prosecutors. We will find a way to get the best outcome available for you in your case.
How a Restraining Order Violation Attorney Can Help You
Even though violating a restraining order is a misdemeanor, it is not something you want on your record. In the state of Nevada, you need a law firm with the experience to come to your defense in these matters. Spartacus Law Firm will work to set the record straight. Contact us today for a consultation regarding your restraining order violation.
FAQs
As long as the crime of violating a restraining order is considered a misdemeanor, one can also see NRS 193.150 in regards to the punishment of misdemeanors. Nev. Rev. Stat. Ann. § 193.150 states:
- Every person convicted of a misdemeanor shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment, unless the statute in force at the time of commission of such misdemeanor prescribed a different penalty.
- In lieu of all or a part of the punishment which may be imposed pursuant to subsection 1, the convicted person may be sentenced to perform a fixed period of community service pursuant to the conditions prescribed in NRS 176.087.