Violation of a Protection Order in Nevada

Consequences of Violation of a Protection Order in Nevada: Legal Insights and Penalties

Are you grappling with a violation of a protection order in Nevada? Simple answer: it’s a legal issue that carries strong penalties and can upset your life, especially in family law matters. Our guide cuts through the noise, delineating the consequences, your rights, and the defenses at your disposal, so you’re well-informed without being overwhelmed.

If you’re faced with a protection order violation in Nevada, do not delay. Contact Spartacus Criminal Defense Lawyers to speak with our skilled Las Vegas protection order violation lawyer and better understand what your options are and how we can help build your defense.

Key Takeaways

• Protection orders in Nevada serve to shield alleged victims from harm and can vary from temporary (up to 45 days) to extended orders (up to two years), requiring evidence of urgency for a TRO and a demonstrated continuous need for an EPO respectively.
• Violating a protection order in Nevada results in considerable legal consequences ranging from misdemeanors to felonies based on the nature and frequency of the offense, with potential penalties including jail time, fines, and mandatory community service.
• Violations can also impact family law matters, influencing custody and property division in divorce proceedings, and it is important for accused individuals to seek legal representation for navigation of options, strategic defense, and emotional support.

Understanding Protection Orders in Nevada

Nevada courts issue protection orders, including civil restraining orders, as legal documents to protect alleged victims from harassment, harm, or stalking. These orders are typically requested by the alleged victim or a family member in instances of domestic violence, which encompasses physical harm or threats of harm directed towards family members or household members.

In certain emergency situations, an ex parte order can be issued without the presence of the alleged offender. This action is taken when an immediate threat is perceived by the judge, followed by a hearing the next day, which the alleged offender can attend.

The judge determines the provisions of a protection order based on what is necessary for the alleged victim’s safety. Restraining orders aim to protect the petitioner from potential harm.

Temporary Protection Order

A civil court judge in Nevada issues a Temporary Restraining Order (TRO), a short-term protection order usually in effect for 14-120 days. This order is designed to offer immediate protection and allow the respondent the opportunity to present a defense at a later court hearing.

Obtaining a Temporary Protection Order in Nevada requires the applicant to:

1. Submit an application to a local court with appropriate jurisdiction.
2. Establish an intimate relationship with the other party.
3. Present evidence showing an urgent need for protection.

These orders, granted on an emergency basis without a hearing, remain valid for up to 45 days.

Extended Protection Order

An Extended Protection Order, a legal directive, stays in effect for up to two years. These orders are typically issued in cases involving actual or threatened violence, with provisions designed to protect the alleged victim from further harm.

Securing an Extended Protection Order involves a judicial proceeding where both parties put forward their arguments. The protected party must demonstrate a continued need for protection to secure an EPO, which can remain valid for a maximum of two years.

Types of Conduct Prohibited by a Protection Order

A civil protection order, also known as a protective order, aims to ensure the well-being of the individual under protection by prohibiting various behaviors, such as acts of threatened violence, harassment, and stalking. Violation occurs when there is a failure to comply with the specified rules of the order, and any suspected violation should be promptly reported to a law enforcement agency for investigation.

The specific prohibitions in a Nevada protection order may encompass a variety of actions, such as refraining from attending specific locations, making contact with the protected person, and possessing firearms. Acts such as stalking, harassment, sexual assault, and child abuse are typically considered prohibited conduct under a temporary protection order.

Legal Consequences of Violating a Protection Order in Nevada

Breaching a protection order in Nevada carries serious legal implications. A first-time breach could result in a Class 1 misdemeanor charge, carrying penalties like jail time, fines, and community service. If the violation involves actual violence, the penalties may be more severe.

First Offense

Severe penalties accompany first-time violations of a protection order in Nevada, including imprisonment, significant monetary fines, and community service. The specific range of jail time and fines vary, with potential penalties including up to six months in jail and up to $1,000 in fines for a civil restraining order violation. More severe offenses could lead to one-to-six years in prison and up to $5,000 in fines, subject to the judge’s discretion.

In some cases, a first-time violation of a protection order through an act of physical violence may result in the mandatory completion of 200 hours of community service or a fine of $1,000.

Subsequent Offenses

Hefty penalties follow repeated violations of a protection order in Nevada. A third or subsequent offense within 20 years of the first conviction, especially when an act or threat of violence was involved in the current or previous offenses, is categorized as a Class 6 felony. It entails a mandatory minimum period of imprisonment of six months, and potential incarceration of up to 364 days in jail or 1-4 years in Nevada State Prison.

Fines for repeated violations can amount to a maximum of $2,000. In the case of a subsequent offense categorized as a class D felony, the fines could escalate to as much as $5,000. Furthermore, the court may mandate the offender to cover the victim’s legal expenses and medical costs, as well as require court-ordered counseling.

Defending Against Accusations of Protection Order Violation

Accusations of a protection order violation can be intimidating. However, there are strategies one can employ to defend against such allegations, such as demonstrating that the contact did not take place, was unintentional, or relating other relevant defenses to avoid conviction.

In Nevada, individuals accused of violating a protection order can use specific defenses such as demonstrating a lack of intent to violate the order and challenging the specific provisions of the order that are alleged to have been violated.

How to Modify or Terminate a Protection Order

A party aiming to modify or terminate a protection order in Nevada must follow these steps:

1. File a motion seeking the judge’s assistance. The designated form for this purpose is the Motion to Modify or Dissolve Protection Order.
2. To modify a protection order, the necessary legal grounds may stem from any issues that require attention.
3. In the case of termination, it must be demonstrated that the order was initially granted improperly or is no longer necessary.

Temporary protection orders in Nevada typically expire within 45 days after being signed and served, while workplace harassment orders expire in 15 days. This timeframe is important to consider when determining the timeline for filing for modification or termination.

Impact of a Protection Order Violation on Family Law Matters

Violating a protection order can have a substantial impact on family law matters. It can influence decisions regarding child custody, as factors such as parental neglect and domestic violence are taken into account when determining custody arrangements. Additionally, such a violation can also affect visitation rights, potentially resulting in the loss of custody for the party who violated the order.

Violating a protection order within the context of divorce proceedings in Nevada may lead to criminal charges, such as misdemeanors. Furthermore, it can entail legal consequences such as fines or community service, particularly if the violation involves physical violence.

In Nevada, a violation of a protection order can have significant implications on the division of property during a divorce. The court may issue orders that affect the property of both parties, especially if there has been a previous violation of an extended order for protection.

Importance of Legal Representation

Accusations of a protection order violation can be stressful and overwhelming. In such cases, the involvement of a criminal defense lawyer can be greatly beneficial as they can:

• Review legal options
• Provide guidance
• Understand the circumstances of the case
• Offer legal advice
• Represent individuals facing charges in court.

Hiring a lawyer presents significant benefits such as legal expertise, protection of rights, strategic defense, aid in negotiation and plea bargaining, court representation, and emotional support.