Services: Domestic Violence: Resource Manual - Protection Orders Against Domestic Violence (Section 3, Part 2)

APPENDIX TO SECTION 3

Can I use the protection order to get divorced?

No. You can use these orders to protect you while you are getting divorced, but a protection order will not end your marriage. Protection orders are effective only for a limited time (up to one year) and do not resolve all family law issues. If you are married to your abuser you must bring a divorce, annulment or separate maintenance action in order to obtain a long-term solution to all family issues. If you have children with your abuser but are not married, you could file a paternity or custody action to provide long-term solutions for the custody, care and support of such children. The Self-Help Center at Family Law Court offers the forms necessary to begin such actions, for a small fee.

Can I serve TPO documents?

No.

If you have provided the Family Violence Intervention Program (TPO Office) with a home and/or work address your abuser, the Clark County Sheriff will try to serve him with a copy of the protection order and Order For Hearing. The sheriff will make 2 attempts to serve the protection order for you, without charge. However, such sheriffs have many other duties and some delay in service is possible. If a sheriff is able to serve your abuser, he or she will complete a Return of Service form and send it to Family Court.

If you are able to afford it, you can pay a person whose job is to serve legal papers (a commercial process server) to do this for you. Commercial Process Servers are listed in the Yellow Pages and can perform this task for you quickly (assuming your abuser is not hiding), however, they do charge a fee.

Otherwise any U.S. citizen over the age of 18 years can serve your abuser except an interested party to the action or a person protected by the protection order (including you). Service must be personal (where the papers are handed to your abuser). Service by mail is not enough.

If you use a commercial process server or someone else to serve the protection order on your abuser, a completed Affidavit of Service form must be filed at the Family Court Clerkâs Office, to prove he has been served. The person serving the protection order must complete the Affidavit of Service, writing down the location, date and time that he was served, and sign the form before a notary public. Make sure the completed Affidavit of Service is filed at Family Court at least two days before your hearing date.

Report violations of your protection order to the police immediately.

Keep a written record of the incidents and obtain copies of police reports concerning the incidents. If you receive treatment for any further injuries caused by your abuser, get copies of medical reports prepared by attending physicians. Keep a written list or log of any contact, harassment or abuse, including the date and time of each incident and the names of witnesses. If the police do not come to your home to complete an Incident Report after you call in a violation, go down to the local Police Station and make a Voluntary Statement concerning the incident. Save answering machine tapes, caller ID reports or any other evidence of telephone calls that violate your protection order.

Violation of a protection order against domestic violence is a Crime. The punishment may include fines and imprisonment. Your local district or city attorneyâs office will decide whether to file a criminal complaint after you report the violation to the police.

Violation of a protection order is also punishable as a civil contempt of court. You may file a Motion and Affidavit To Show Cause for Violation of Order for Protection Against Domestic Violence. You can get this form from the TPO Office. There is no fee to file the Motion If the judge finds that your abuser knowingly violated your protection order, your abuser may be ordered to pay a fine, or be imprisoned for 25 days for each violation (up to 6 months).

What Are Batterers Intervention Programs?

These are programs designed to work specifically with batterers, challenging them to take full responsibility for their abusive behavior. (These programs used to be called "batterers treatment programs." The goal is more than just "treatment," so the name has been changed to "batterers intervention programs.") If the court orders your abuser to attend a program, it will be one certified by the state. This certification process means the program follows the state mandated standards, practices, and goals for these types of programs. However, a person can attend a program voluntarily; court orders are not required. Certified programs usually use group sessions to educate the batterer and stop his coercive, dominating, and violent behavior while trying to ensure the safety of the victim and any children.

Refer to the Resource Section at the back of this manual for domestic violence agencies (that have batterers intervention programs).

What do they do at these programs?

Below are some key points about most certified battererâs intervention programs.

• There is a thorough intake process for the batterer, which may take a number of sessions. The program will put together a history and profile of the batterer's violent behavior.
• A batterer may not "pass" the intake, or may "flunk" the program and be asked to leave before completing all the required sessions. Not all batterers are suitable for intervention services.
• If a batterer is accepted into the program, he must sign an agreement agreeing, for example, to the duration and cost of the program, to stop all forms of violence, to refrain from drug and alcohol use while in the program, and to waive confidentiality.
• Batterers are expected to pay the full cost of attending the programs. Costs vary from program to program. There may be some sliding fee scales for certain programs, and low-income people may be entitled to some assistance.
• To complete the program, the batterer must usually attend 80 hours of counseling. The sessions generally run for 2 hours each week. While usually done in group settings, there may also be individual sessions.
• These are not private counseling sessions; information exchanged in these sessions is usually not confidential.
• The program will notify the court of the batterer's attendance and history of abuse while in the program.
• In some cases, the program notifies/warns the victim of specific things the batterer says, such as threats and violent statements he makes about the victim.
• The program will determine if there are other issues that the batterer should work on in addition to the batterers intervention, and make the appropriate referrals, such as drug/alcohol problems, employment training, parenting skills, etc.

THINK BEFORE COMPLETING YOUR APPLICATION!

• Do you have children with your abuser?
• Do you have an order giving you custody of your children or do you need to ask for one?
• Do you need child support and/or other temporary financial assistance?
• Do you have medical insurance for the children or do you need to ask the judge to order the other party to provide insurance for them?
• If you have moved and your home address is confidential, do you need to ask the judge to order the other party not to try to discover your confidential home address by asking at the childrenâs school, babysitter or daycare?
• Is there a safe, convenient location where the children can be dropped off and picked up for visits with the other party?
• Is there a third person (family member or friend) who can be a contact person so that you and the other party can exchange information concerning child visits without speaking directly with one another?
• Does your abuser have any firearms (guns)?
• Do you need to ask the judge to order him or her to surrender these weapons?
• Does your abuser have documents or other important items that you need (such as birth certificates, medical records, immigration documents, eyeglasses, medication, etc.)? If so, do you want to ask the judge to order him or her to return them?
• Did you call 911 or go to the police?
• Do you have an incident number, a police report or a voluntary statement to the police to attach to your application?
• Do you have a safety plan? Ask the domestic violence advocate for a referral to someone who can help you create a safety plan for emergencies involving you or your children. A protection order, by itself, cannot keep you safe.

YOU MAY WISH TO CONSULT AN ATTORNEY to answer your questions concerning the protection order process, custody, visitation or support for your children. The Nevada State Bar has an Attorney Referral Service that you can call at 382-0504. In addition, the Self-Help Center at Family Court [(702) 455-1500] has binders containing the names, addresses and telephone numbers of attorneys licensed to practice in Nevada. The UNLV Boyd School of Law, in cooperation with Clark County Legal Services and Nevada Legal Services, offers free Community Legal Education Classes on Divorce and Custody and Paternity, among others. These legal information classes may answer some of your questions. Call 386-1070, extension 155 for the dates and times of the classes.

INFORMATION FOR A PERSON SERVED WITH A TPO

Do not contact or communicate with the Applicant.

You have been served with a Temporary Protection Order Against Domestic Violence (an "Order") that orders you to stop all contact/communication with the Applicant and to stay away from the addresses/locations listed in the Order. IF YOU DISOBEY THE PROTECTION ORDER, YOU MAY BE ARRESTED, JAILED AND/OR FINED. You have also been served with an Order For Hearing; on that date a Judge will hear your case and decide if the Protection Order should expire or be extended.

• You may not contact the Applicant - not in person, not by telephone, not by email, not by mail, not through third parties or by an other means whatsoever.
• If you think the Order is a mistake or if you have questions regarding the Order, contact the Family Violence Intervention Program. This office is located at Family Court, 601 N. Pecos, Las Vegas, Nevada, 89101, (702) 455-3400 [at the corner of Pecos and Bonanza]. They will explain the procedure for asking the Judge to cancel (dissolve) the Order and can help you complete the paperwork asking the Judge to dissolve the Order. Do not contact the Applicant.
• If you have questions regarding custody, visitation or support for your children, you can ask the Judge at the hearing. Do not contact the Applicant.
• At the Hearing: This will be your chance to talk to the Judge. You may tell the Judge why you think the protection order is wrong, why you should have custody of your children, or the dates and times when you would like the Judge to allow you to visit your children. You may ask the Judge to assist you in getting your belongings or other items that are currently held by the Applicant.

YOU MAY WISH TO CONSULT AN ATTORNEY TO EXPLAIN THE ORDER. An attorney can answer your questions concerning the Order and concerning custody, visitation or support for your children. The Nevada State Bar has an Attorney Referral Service that you can call at 382-0504. In addition, the Self-Help Center at Family Court [(702) 455-1500] has binders containing the names, addresses and telephone numbers of attorneys licensed to practice in Nevada. The UNLV Boyd School of Law, in cooperation with Clark County Legal Services and Nevada Legal Services, offers free Community Legal Education Classes on Divorce and Custody and Paternity (among others); these legal information classes may answer some of your questions. Call 386-1070, extension 155 for the dates and times of the classes.

Proceed to Section 4: The Criminal Justice System >