Temporary Protective Orders
Protective orders are there to protect any individual from domestic violance. They are meant to keep a person, who is causing you harm or clearly intend to cause you harm, away from you. This does not have to be physical, it can be emotional or mental harm as well.
NRS 33.020 and NRS 228 explain what is considered domestic violence. NRS 33.020 also provides instructions for filing a TPO. To file a TPO you can hire an attorney or you can file your own TPO application.
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.
Types of Protection Orders
- Temporary Order of Protection (TPO) – Prevents a person from coming within a 100 feet of you, from entering your home, or appearing at your work. Usually last 30 to 60 days. A TPO is issued when the person causing you harm is an immediate family member, someone who lives with you, or anyone with whom you have a child in common.
- Extended Order for Protections (EPO) – 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.
- Temporary Restraining Order (TRO) – Prevents a person abusing, stalking or harassing you. Can last a year o longer. A TRO, compared to TPO, is for when the person causing harm is not related to you.
How to File a Temporary Protective Order
To obtain an order of protection, you complete and submit the application for the order at TPO application. TPO’s are filed with the Family Court. TRO’s are filed with the Justice Court. The court will either issue the order based on the application or schedule a short hearing that day to confirm the facts supporting the request.
The Defendant causing the harm is not noticed and does not appear. The judge can either deny or grant the TPO application.
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 the judge sets an ending date for the order of protection. Which is typically 30 to 45 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, called an Extended Protection Order (EPO) before the TPO expires. An extended TPO may require the respondent to turn over his/her guns or other weapons.
What’s the Difference Between a TPO and an EPO?
They serve the same basic purpose, keeping someone harming you, away from you. A TPO is a “temporary” order preventing your spouse from being near you, near the home, and near your work for specified amount of time. If you feel you need more time you would request an extension.
A TPO is typically in place for 45 to 60 days. If you need protection for longer, you would file for an EPO. You will be required to explain to the judge why there is a “continued” threat of harm, therefore requiring more time. The legal standard for a TPO is a person is causing or intending to cause you harm. The legal standard for an EPO is there is continued threat of this harm which warrants extending the protection order beyond the 45 or 60 days.
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