In Nevada, restraining orders are known as orders of protection and are designed to protect people against violence or threat of violence. The Las Vegas Justice Court authorizes the issue of protective orders against stalking and harassment; the District Court Family Division authorizes protective orders against domestic violence. A protective order against stalking and harassment may be filed with the Justice Court when the stalking and harassment has occurred in Las Vegas Township and must be a repetitive action occurring more than one time.
Visit the Clark County Courthouse and ask the clerk court for the appropriate forms. The application includes an affidavit, defendant worksheet and victim worksheet.
You can apply for a protective order against stalking and harassment, a protective order against harassment in the workplace, a protective order against sexual assault or a protective order against harm to minors. You will need to describe briefly the most recent threat or incident of violence, using descriptive language and specific words.
To file the application, you must bring a photo ID, the complete address of places you want the person to stay away from, and the address of the person you want to place the protective order against, if available. Also attach any supporting documentation, such as police reports.
File the forms with the clerk court, who will file it with a judge. The judge may issue a temporary order based only on your application, or may grant you an ex parte ("from one side only") hearing. You will explain to the judge why you fear the defendant and feel the need for a temporary protection order.
The temporary protection order will be valid for 30 days or until your hearing for an extended protection order.
Read More: How to Fight a False Protective Order
When you apply for an extended protection order, the court will give you a hearing date. The defendant must be "served" with this hearing date so he knows to appear in court
A court clerk will explain the process of service to you. The court may send the paperwork directly to law enforcement for you, or you may have to bring the order and notice of hearing to the police or sheriff yourself. Within two days of receiving notice, the defendant may request the hearing be held sooner than originally scheduled, so you may be issued a new court date.
Attend the hearing. According to Nevada law, the hearing must be held within 45 days of the application. At the hearing, you will need to convince the judge that you are in danger. Extended protection orders can be granted to last up to a year.
- If the defendant does not show up for the hearing, the judge may automatically grant the protective order or issue a new court date.
- If you do not show up for the hearing, it may be more difficult for you to obtain a protective order in the future.
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