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In our previous post on this subject, we covered the statutes that define and govern domestic violence cases in Nevada and outlined statutory punishments for defendants charged with and found guilty of battery which constitutes domestic violence (BDV). In this post, we will discuss additional potential domestic violence penalties.
Types of Domestic Violence Protection Orders
A protection order, commonly known as a restraining order, is an order from a court that restrains behavior of the adverse party. Nevada law NRS 33.017 through 33.100 provides definitions for two types of protective orders in cases of Domestic Violence. A temporary protection order (TPO) expires 30 days from issuance, while an extended protection order is in effect for no longer than 1 year from date of issuance.
The 30-day TPO prohibits the adverse party from any threat, physical injury, or harassment of the applicant; from being on the premises of or entering the applicant’s residence, place of employment, school, or places frequented by the applicant; will prohibit any and all communication by any means, including verbal, by telephone, by mail or email, either personally or by a third party, with the applicant until the order expires; may grant custody of any minor children to the applicant; prohibits threats to take or injure animals owned or kept by the applicant or adverse party; and any other instructions the court needs to make based on the circumstances of the order.
The extended order contains any of the provisions of the TPO, plus may specify conditions of visitation of minor children, and may require supervision by a third party of any visitation, if applicable; may order the adverse party to pay applicant’s rent and/or support of minor children; pay all costs and fees of the applicant in bringing the action, and pay income lost to the applicant for time taken to attend hearings associated with bringing the action.
Other Effects of Protection Orders
Adverse parties to an extended order are also prohibiting from purchasing or acquiring a firearm while the order is in force. Violators of this provision are guilty of a Category B Felony and will be imprisoned in State Prison for one to six years and a fine of no more than $5,000. The extended order may also require any firearms in the possession of the adverse party to be surrendered to law enforcement, a person designated by the court, or sold to a licensed gun dealer. Violations of an order to surrender a firearm within 24 hours will result in a search warrant being issued by the court for law enforcement to find the firearm and seize it.
Violation of Protection Order
In the case of either a TPO or extended order, any violation is considered contempt of court, and the adverse party may be arrested and held as specified in the order but no less than 12 hours before qualifying for bail. Additionally, the adverse in a TPO can be found guilty of a misdemeanor for violating the order, unless the act of violation, by law, carries harsher penalties. For example, if the violation of the order results from a violent act, the statutes for that act may specify a greater punishment.
A person who violates an extended order is guilty of a Category C felony punishable by one to five years in state prison and a fine up to $10,000.
Protection Order Defense
Penalties for violating a Protective Order are serious and can subject defendants to additional jail time and fines. Three remedies are available to those served with protection orders, including:
- File a motion to dissolve the protection order. If the court agrees to hear arguments a date will be set and both the applicant and the adverse will appear. If court agrees to dissolve, the order is void and unenforceable
- File a motion to modify the protection order. If the court agrees to hear arguments, a date is set. The court will decide what, if any, modifications are needed at the hearing.
- If an extended order is issued, the adverse may appeal it to District Court. District Court may decide to affirm, modify or vacate the order. The order remains in effect during the appeal process.
The Defenders lawyers are capable to assist in all aspects of protective orders and will provide a defense that will work to vigorously defend your rights. Call us today at (702) 333-3333.