Who is eligible for an order for protection against sexual assault?
You may file a petition for an order for protection against sexual assault if someone has committed a sexual assault against you.* The abuser may be someone in your family (like a husband or relative), or may be someone unrelated to you (like a neighbor or co-worker).
You must be at least 18 years old to apply for an order for protection against sexual assault. If you are under 18 and in need of protection, you need to have an adult apply for the protection order on your behalf.**
* See N.R.S. § 200.378(1)
** See the information on the Clark County Courts website
How much does it cost to get an order for protection against sexual assault?
There is no fee to file for an order for protection against sexual assault.* Also, there is no fee to have the order served on the abuser if s/he is in the state of Nevada.**
Note: After the hearing, the court may make the abuser pay some or all of the court costs and fees.*
* N.R.S. § 200.3781(1)
** N.R.S. § 200.3781(3)
Do I need an attorney to get an order for protection against sexual assault?
No, you do not need a lawyer to get an order for protection against sexual assault,* but it is often better to have one. It may be in your interest to hire an attorney, especially if you think the abuser will be represented by one. You may be able to find an attorney on our NV Finding a Lawyer page.
* N.R.S. § 200.3781(2)(c)
What are the steps to get an order for protection against sexual assault?
The steps for getting an order for protection against sexual assault will be similar to the steps for getting a order for protection against domestic violence but you will need to fill out different forms.
If you live in Clark County, the forms and some additional information are available on the Clark County Courts website. For other counties, you can go to our NV Download Court Forms page to see if they are available online. Otherwise, you can get the forms at the courthouse when you go to file.
What can I do if the abuser violates the order for protection against sexual assault?
If you believe the abuser has violated the order, you can immediately call the police. If an abuser has been served with a copy of the order for protection against sexual assault and violates the order, the police can immediately arrest him/her.*
You can also file a motion (legal papers) in the court that issued the order to ask that the abuser be held in contempt of court, which basically means that you are asking that s/he be punished for violating the court order. The court will review your motion and decide whether or not there will be a hearing.** If there is a hearing, you would present evidence about how the abuser violated the order, the abuser would present his/her defense, and the judge would decide whether the order was violated and what punishment should be given to the abuser.
* N.R.S. § 200.3783(2)
** See the Clark County Courts website for more information