Temporary Protective Orders

Posted: 17 January, 2020

Protective Orders

There are a lot of misconceptions about protective orders and the purpose they serve. Protective orders are meant to protect any individual from another individual who is causing them harm or intends to cause them harm. This does not have to be physical, it can be emotional or mental harm as well. Protective orders know no gender, they apply to any person that fears for their safety, whether male or female. In addition, the applicant does not have to inform the other party that they are seeking an order of protection against them. This helps ensure the applicant’s safety.

Protective orders, which may also be referred to as restraining orders, can help protect victims of domestic violence by prohibiting an abuser from making contact with them. When it comes to protective orders in domestic violence cases, there are a few different options that can be pursued, and knowing how to petition the courts for these orders can be critical to the health, safety and wellbeing of you and your children if you have been the victims of domestic violence.

At the Right Lawyers, we understand how crucial it can be to get protective orders in place as soon as possible when domestic violence may be an issue for a family. That’s why we are here to help victims obtain the legal protections they need and deserve so they can concentrate on protecting their family and getting their lives back on track.

Types of Protection Orders

If you need help securing protective orders as part of a domestic violence or divorce case, it’s time to call the Right Lawyers. We can help you put protective orders in place as soon as possible so that you and your children are fully protected.

  • Emergency protection orders – These are usually available within 12 hours of a domestic violence arrest and can be obtained via phone to provide immediate protection for victims. Emergency protection orders can stay in effect for up to 7 days.
  • Temporary orders of protection – When an emergency protection order runs out, temporary orders of protection can be obtained and can stay in effect for up to 30 days. Typically, victims will have to testify in court to explain why they need this type of protection order.
  • Extended order for protection – Lasting for as long as one year, these types of protection orders can be obtained after attending a hearing and providing evidence regarding the threat a domestic violence victim is facing.

To obtain an order of protection, one must simply make an application for the order. The court will set an ending date for the order of protection. This can be temporary or extended, based upon the circumstances and the ruling of the judge.

How to File a Temporary Protective Order

Because of economics and legal questions surrounding the abandonment of a home, spouses may choose to live in the home together during the divorce. Spouses often feel that if they leave the home the court will award the other spouse the home.  If the couple have children, a similar misunderstanding often arises. Spouses are unsure whether he/she can leave the home with the children, or if they leave the home without the children, will the court award the children to the other spouse.

Both issues are misguided and may lead to a couple trying to live together while going through a divorce or custody matter.  In most situations, living together in the house will only exacerbate or escalate an already emotional situation. It may take a court 45 to 60 days to make a “temporary” ruling on possession of the house and “temporary” child custody schedule. So, it is possible to have divorcing couples living together for 60 to 90 days.

When our office handles a divorce with potential issues of domestic violence, we advise the client of the Temporary Protective Order process and the domestic standby provided by Metro.  If a domestic violence situation is imminent we recommend the client to leave the home or call the police. If the situation provides for the time and opportunity to file papers with the court, we will recommend the client to obtain a Temporary Protective Order (TPO).  A TPO is provided under NRS 33.019 for spouses, former spouses, relatives by blood, a roommate, boyfriend/girlfriend, or anyone with whom they have a child in common. If the adverse party does not meet one of these categories then the situation is a Temporary Restraining Order (TRO) against stalking and harassment. TPO’s are filed with the Family Court and TRO’s are filed with the Justice Court.

A TPO is issued based on information provided in an application filed with the court by the victim, under the penalty of perjury. The person requesting the TPO is the applicant. The person from whom the applicant requests protection is the adverse party.  The TPO application must contain a detailed summary of the incident giving rise to the need for the order, explaining the imminent harm that will occur if the Order is not granted. It is presented to the court on an ex party basis which means the adverse party is not present or provided notice of the application.

If granted by the court, the TPO will stay in effect for 30 days.  The TPO must be served on the adverse party to be effective. The TPO may require the adverse party to stay away from the applicant and any children that were named by the applicant as being in danger. This typically means staying away from the home, the children’s school, and the applicant’s business or place of employment.  The TPO orders the adverse party to avoid any contact with the applicant. In addition to no physical contact, this also means no telephone calls, texts or emails by the adverse party. The adverse party cannot use another person to contact the applicant either. It is a complete bar against any contact or communication. If the adverse party violates any terms of the TPO, that party can be arrested and taken to jail.

If the applicant needs protection longer than 30 days, they would file for an extended TPO before the 30 day termination date of the original TPO.  An extended TPO would require the respondent to turn over his/her guns or other weapons.

Las Vegas and Henderson Domestic Violence and Divorce Attorneys at the Right Lawyers

Whether you or your child has been the victim of domestic violence, you can rely on the experienced Las Vegas and Henderson domestic violence and divorce lawyers at Right Lawyers to be here for you. We can help you get the protective orders you need as soon as possible, and we will continue to provide you with superior representation throughout the course of your case until it is resolved as favorably as possible.

Contact Us

Let’s discuss your case and needs during an initial consultation. To set up a meeting with our trusted Las Vegas and Henderson divorce lawyers, call (702) 960-1852 or email us using the contact form at the top of this page.

From our offices in Las Vegas, we represent clients throughout Clark County and the state of Nevada.