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Legal Information: Nevada

Restraining Orders

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March 26, 2018

What is the legal definition of domestic violence in Nevada?

This section defines domestic violence for the purposes of getting an order for protection.  Domestic violence includes:

  • Battery (physical violence including slapping, punching, strangulation, etc.),
  • Assault (attempting to use physical force against you or intentionally placing another person in reasonable fear of immediate bodily harm),
  • Using force or threats to make you do something that you don’t want to do or to not let you do something that you do want to do,
  • Sexual assault,
  • Doing one or more of these acts with the intent to harass you:
    • Arson,
    • Trespassing,
    • Larceny,
    • Destruction of private property,
    • Carrying a concealed weapon without a permit,
    • False imprisonment,
    • Injuring or killing an animal,
    • Stalking,
    • Illegally entering your home when you are not there or forcing his/her way into your home against your will in a way that may cause you harm.*

For these acts to be considered domestic violence, you have to have a specific relationship to the person doing the act.  See Who is eligible for an order of protection? for more information.

* N.R.S. § 33.018

What is an order for protection against domestic violence? What types of orders are there?

An order for protection is a written court order that is designed to stop violent and harassing behavior and to protect you and your children from the abuser. Orders for protection can also be known as protection orders or restraining orders.

There are two types of orders in Nevada:

A temporary order for protection is an order that can be granted based on your testimony or any evidence you present to the court in your application for a temporary or extended order for protection. If a judge finds that you or your family are in danger of being harmed, s/he can grant a temporary order within 1 judicial day of receiving your application. The judge would confirm A temporary order can last up to 30 days. However, if you file for an extended order at the same time that you file for the temporary order (or at any time while the temporary order is in effect), the temporary order will last until the date of your hearing for an extended order (which could be up to 45 days from the date you file for the extended order). If law enforcement is unable to serve the respondent within the 45 days before your hearing or if there is evidence that the respondent is hiding to avoid being served, the judge can postpone the hearing for 90 days - and then for another 90 days after that if necessary.*

Note: There can be a different way to get a temporary order rather than going to court to file it. If the abuser was arrested for domestic violence, you may be able to communicate with a judge by phone to request the order while the abuser is in police custody/jail. The judge can then issue an order and send it to where the abuser is in custody so that s/he can be served. The court would then mail you a copy of the order and have it filed in court within one business day. A judge should be available 24 hours/day, 7 days/week in counties whose population is 52,000 or more; in a county with less than 52,000 people, it is optional (not mandatory) for the county to make judges available 24 hours per day.*1

An extended order for protection is awarded by a judge only after a hearing in which you and the abuser each have an opportunity to present evidence and tell your different sides of the story.*2 An extended order lasts for up to one year.*3 The expiration date should be on the first page of the order. Note: In Clark County, if there is divorce or custody case already pending, many of the domestic violence commissioners will only extend the order for protection to 60 days and not for the whole year.*4

* N.R.S. §§ 33.020(1)-(5); 33.080(1)
*1 N.R.S. § 33.020(7)-(9)
*2 N.R.S. § 33.020(3)
*3 N.R.S. § 33.080(3)
*4 Local Rule for the 8th District in Clark County, EDCR 5.22(k)

How can an order for protection help me?

A temporary order can:

  • Forbid further threats, harassment, or injury to you or your minor child either directly or through a third party;
  • Order the abuser to stay out of your home;
  • Prohibit the abuser from entering your place of employment, school, or other specified location;
  • Award you temporary legal custody of children;
  • Provide other relief the court considers necessary in an emergency situation;
  • Prohibit the abuser from physically injuring or threatening to injure any animal owned by you, your minor child, or the abuser (and from taking possession of any animal owned by you or your minor child) either directly or through someone else; and/or
  • Order anything else that is necessary.*

An extended order can grant everything mentioned above and the following additional things:

  • Award you custody of your children and force the abuser to pay child support;
  • Establish visitation arrangements and require supervision by a third party if necessary;
  • Order the abuser to make rental or mortgage payments on the home in which you are living;
  • Reimburse you for lost earnings and expenses due to you having to attend any hearing for an extended order;
  • Make arrangements for the possession and care of any animal owned or kept by either party or your minor child;
  • Order the abuser to pay all or part of the costs and fees you spent to file and get the order for protection;**
  • Force the abuser to turn over to law enforcement or sell/transfer any firearms to a licensed firearm dealer within 24 hours of service (receipt) of the order for protection and prevent him/her from having or buying firearms while the order is in effect.*** Before ordering this, the judge must consider:
    • any documented history of domestic violence;
    • whether the abuser has used or threatened to use a firearm to injure or harass you, your child, or any other person; and
    • whether the abuser has used a firearm while committing (or attempting to commit) any crime.
    • Note: Even if the judge orders that the abuser cannot have or possess a firearm, there could be an exception made to allow the abuser to use or possess a gun during his/her job. Three conditions must be met, however:
      • it is required by the employer that s/he use or have a firearm;
      • s/he only uses it while performing his/her job duties; and
      • the employer will store the firearm during any period when the abuser is not working.****

* N.R.S. § 33.030(1)
** N.R.S. § 33.030(2)
*** N.R.S. §§ 33.031(1); 33.033(1)
**** N.R.S. § 33.031(2),(3)