Can a Protective Order Get My Spouse Out of the House?

Yes, a Temporary Protective Order (TPO) is the fastest path to gaining exclusive possession of the home. A domestic violence incident, especially one involving an arrest, will typically result in a TPO being issued.  A TPO will block the abusive spouse from being within a 100 feet of you, from returning to your residence, and from appearing at your work.  If your spouse is arrested the police will apply for the TPO for you.

Even without an arrest, a domestic violence incident or a documented pattern of domestic violence is usually enough on its own to justify filing for a TPO.   NRS 33.020 explains the law behind issuing a TPO.  To file a TPO you can hire a divorce or custody attorney or you can file your own TPO application.

What’s the Difference Between a TPO and an EPO?

TPO and EPO serve the same basic purpose, keeping an abusive spouse away from you, but they’re issued at different times.  A TPO is a “temporary” order preventing your spouse from being near you, near the home, and near your work.  Whether the police had the TPO issued or you applied for a TPO, the TPO only lasts for a specific amount of days.  An Extended Protection Order (EPO) is where the judge extends the TPO for a longer period of time.

A TPO is typically in place for 45 to 60 days.  If you need protection for longer, you would file for an EPO.  You would explain to the judge why there is a continued threat of harm, therefore requiring more time.  An EPO is basically extending the TPO beyond the 45 or 60 days.

How Fast Can I Get My Spouse Removed If I’m in Danger?

Much faster than the standard divorce timeline. A TPO can be requested directly from the court without an attorney, and if the judge finds good cause, it can be granted the same day without your spouse even being present. This is called an ex parte order.

By contrast, a Motion for Exclusive Possession inside a divorce case,  requires notice to your spouse and a hearing, so it moves on a slower track unless the court agrees to hear it on an emergency basis.

Is a Protective Order the Same as a Motion for Exclusive Possession?

No, Protective Order and Motion for Exclusive Possession are not the same.  A protective order is issued under Nevada’s domestic violence statutes and is available whether or not a divorce has been filed.  It addresses safety and can exclude your spouse from the residence or work, from being within 100 feet of you, and from having contact with your children.

A Motion for Exclusive Possession is a family court request made inside a divorce or separation case, focused specifically on who gets to occupy the marital home while the case is pending. If you already have a protective order excluding your spouse from the home, that typically resolves the possession question on its own.  Many spouses end up requesting both, since they serve different purposes and are decided by different standards.  Plus, a TPO is for a limited amount of time.  An order giving you exclusive possession during a divorce is in play until the judge issues a reversing order.

Can I Get a Protective Order Before Filing for Divorce?

Yes. A temporary or extended protective order may be granted regardless of whether an action for divorce, annulment, or separate maintenance has been filed. If there’s domestic violence involved, you can seek a protective order independent of, and often before, any divorce is filed.

What Happens If My Spouse Violates the Order?

Violating a valid protective order is a criminal offense in Nevada.  Law enforcement can arrest your spouse for the violation itself, and repeated or aggravated violations can lead to enhanced criminal penalties. On the family law side, a documented violation is also powerful evidence if you later need to extend the order, seek exclusive possession, or address custody and parenting time.

If your spouse violates an order, the safest step is to contact law enforcement and document the violation (date, time, and what happened) rather than confronting the situation yourself.

For non-emergency situations, read How to Evict a Spouse in a Divorce.  If you don’t have a TPO you will find a Motion for Exclusive Possession is the standard path.