What is an order for protection against harassment in the workplace and what types of orders are there?
An order for protection against harassment in the workplace is a written court order that is designed to stop violent and harassing behavior in the workplace and to protect an employer, employees, and other people present in the workplace.
A temporary order for protection against harassment in the workplace is an order that can be issued with or without prior notice to the harasser.* To get an order without prior notice to the harasser (known as an ex parte order), the employer’s petition has to make the judge believe that the harasser will cause immediate and irreversible damage or injury if the order isn’t issued at that time.*1 If the judge does not feel that the employer proved this, then the harasser will get a chance to come to court to argue his/her side before the judge issues the temporary order.*2
A temporary order lasts for up to 15 days or until a hearing is held for an extended order for protection.*3 If an ex parte order is issued, the harasser can file in court for an earlier hearing to ask that the order be dropped – the harasser would only have to give the employer 2 days’ notice of this hearing.*4
An extended order lasts for up to one year.*5 If the employer wants an extended order, s/he would file an application for an extended order during the 15 days or so that the temporary order is valid. The hearing for the extended order usually takes place within 10 days of when the employer files the application for the extended order.*6
An extended order for protection against harassment in the workplace is awarded by a judge only after a hearing in which the employer and the harasser each have an opportunity to present evidence and tell their different sides of the story.
Note: A temporary order must be granted before an extended order can be requested.*7
* N.R.S. § 33.270(2),(3),(4)
*1 N.R.S. § 33.270(4)(a)
*2 N.R.S. § 33.270(3)
*3 N.R.S. § 33.270(5)
*4 N.R.S. § 33.270(9)
*5 N.R.S. § 33.270(8)
*6 N.R.S. § 33.270(5)-(6)
*7 N.R.S. § 33.270(6)