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Legal Information: Nevada

Restraining Orders

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March 26, 2018

For what crimes can I get an order for protection of children?

If you are the parent or guardian of a child (under age 18), you can file for an “order for protection of children” if you reasonably believe that an adult (18 or older) has committed a crime involving one or more of the following:

  • Physical injury to the child that did not happen by accident (non-accidental),
  • Non-accidental mental injury to the child,
  • Sexual abuse of the child, or
  • Sexual exploitation of the child.*

* N.R.S. § 33.400(1)

What types of orders for protection of children are there and how long do they last?

Temporary Orders:
A temporary order for protection of children is an order that can be granted based on the information you include in your petition as well as your testimony or any evidence you present when you are in front of the judge who is reviewing your petition.  You can get the order without the abuser being present in court or notified of your application for a temporary order (known as an ex parte order).*1  If a judge believes that a crime has been committed, s/he can grant a temporary order.  The temporary order will last up to 30 days or until your court hearing for an extended order takes place (assuming that you file a petition for an extended order within those 30 days).*2

Note: Once your temporary ex parte order is served on the abuser, s/he can file legal papers to ask the court to change or drop the temporary order sooner than the scheduled hearing.  S/he has to give you only 2 days' notice of this new hearing.*3

Extended Orders:
If you did not request an extended order when you applied for a temporary order and you would like an extended order, you will need to file a petition for an extended order before your temporary order expires.*2  Extended orders can only be granted after the abuser has been given notice of the hearing and a hearing takes place in which you and the abuser each have an opportunity to present evidence and tell your different sides of the story.*1  You may want to have a lawyer represent you at this hearing, especially if you think the abuser will have one.  For free and paid legal services, go to our NV Finding a Lawyer page. An extended order lasts for up to one year.*4

* N.R.S. § 33.400(1)
*1 N.R.S. § 33.400(4)
*2 N.R.S. § 33.420(1)
*3 N.R.S. § 33.420(2)
*4 N.R.S. § 33.420(3)

How can an order for protection of children help my child?

A temporary or extended order can:

  • Tell the abuser to stay away from the home, school, business, or place of employment of the child and any other location specifically named by the court;
  • Prohibit the abuser from contacting, intimidating, threatening, or otherwise interfering with the child and any other person specifically named by the court, including members of the child’s family or household; and
  • Include other restrictions on the abuser that the court considers necessary to protect the child or to protect any other person specifically named by the court, including members of the child’s family or household.*

Note: If an abuser is criminally charged with certain crimes against your minor child, and is released from jail before trial or is found guilty or guilty but mentally ill during the trial, the court may issue a temporary or extended order with the restrictions listed above or include those restrictions as conditions for the release or criminal sentence of the abuser.** Remember, if you are not sure about what happened in the criminal case, ask the prosecutor. By law, s/he has to inform you of the result of the case if you ask.***

* N.R.S. § 33.400(2)
** N.R.S. § 33.400(3)
*** N.R.S. § 33.440(1)