Services: Domestic Violence: Protective Orders

FREQUENTLY ASKED QUESTIONS - PROTECTION ORDERS

Why Would I Want a Protection Order?

To protect you or your children under age 18 who live with you from violence or threats of violence. The violence or threats must come from someone in your family or in your home or with whom you have a close relationship.

Do I Qualify for a Protection Order Against Domestic Violence?

Yes, if there exists both (1) a close relationship and (2) actual or threatened abuse. This means:

(1) Close Relationship. The person from whom you seek protection (usually referred to as the Adverse Party) is a:

• spouse or former spouse;
• person you are dating or used to date (it does not have to be to be an intimate or sexual relationship);
• mother or father of your child;
• related to you by blood, marriage, or adoption (example: mother, father, child, brother, sister, grandparent, in-law); or
• person who regularly lives or used to live in your home.

[Note: Your minor children (that is, children under the age of 18) and the minor children of any of the persons listed above may also be entitled to protection from the Adverse Party.]

AND

2) Actual or Threatened Abuse. The person from whom you seek protection has done one or more of the following things to you and/or to a person related to you (such as, a minor child):

Assault (attempts to injure you) - threat to inflict physical injury, coupled with the apparent ability to do so (any intentional display of force that would give a person reason to fear or expect immediate bodily harm);

Battery (physically injures you) - physical violence, such as hitting, punching, slapping, kicking, biting or choking;

Sexual assault (rape or forced sexual acts);

Coercion (compelling you by force or threat of force to do something you have a right not to do, or not to do something that you have a right to do), including false imprisonment;

Harassed you (knowing, purposeful or reckless course of conduct intended to harass you), including but not limited to: stalking, arson, trespassing, larceny, destruction of private property or carrying a concealed weapon without a permit;

Unlawfully enters your residence (or forcible entry against your will) with reasonably foreseeable risk of harm to you from the entry.

Abuse can be physical, sexual, or verbal. It can include spoken or written abuse.

What Types of Protection Orders Can I Get?

There are three types of Protection Orders that may be issued against domestic violence:

Emergency Protection Orders (NRS '33.020(5)) may be issued, effective for 7 days if you to apply as soon as possible after the arrest of the Adverse Party for domestic battery or related charges, while he or she remains in police custody.

Temporary Protection Orders (NRS '33.020) may be issued, effective for up to 30 days

Extended Protection Orders (NRS '33.080(3)) may be issued after a hearing and may extend the Temporary Protection Order for up to one year. The Adverse Party must be notified of the hearing date and time and you must attend the hearing.

WHAT ORDERS CAN THE JUDGE MAKE TO PROTECT ME?

The judge can order several different things in an Temporary Protection Order:

(1) Personal Conduct Orders. These are orders to stop the Adverse Party from committing specific acts against you and anyone else protected by the judge's Order:

• contacting (by mail, telephone or through a third party);
• assaulting;
• sexually assaulting;
• battering;
• harassing; or
• destroying personal property;

(2) Stay-Away Orders. Orders to keep the Adverse Party away from:

• you;
• your residence;
• your place of work;
• your child's school or place of child care;
• other important places where you go.

(3) Residence Exclusion (Kick-Out) Orders. Orders telling the Adverse Party to move out from where you live and take only clothing and personal belongings, until the court hearing.

(4) Other Important Orders. The judge may issue other temporary orders:

• temporary custody orders for the children under age 18 you have with the Adverse Party;
• other orders specific to your case.

After a hearing, the judge may issue other orders, such as:

custody and visitation orders for the children under age 18 you have with the Adverse Party, effective for the term of the Extended Protection Order or 60 days if you have a divorce/custody matter pending in Family Court;

child support orders, effective for the term of the Extended Protection Order or 60 days if you have a divorce/custody matter pending in Family Court;

orders assigning temporary use, control, and possession of particular vehicles, bank accounts, keys, and household items that you may have shared with the Adverse Party, effective for the term of the Extended Protection Order or 60 days if you have a divorce/custody matter pending in Family Court;

orders assigning responsibility for payment of specific bills that come due, effective for the term of the Extended Protection Order or 60 days if you have a divorce or child custody matter pending in Family Court;

other orders specific to your case.

Must I Have a Lawyer to Get a Protection Order?

No. Lawyers are helpful, but you can file these forms even if you don't have a lawyer.

Can I Use The Protection Order to Get Divorced?

No. You can use these orders to protect you while you are getting divorced, but these forms will not end your marriage. Protection Orders are effective only for a limited time and do not cover all family law issues. If you are married to the Adverse Party you must institute a divorce, annulment or separate maintenance action in order to obtain a long-term solution to all family issues. If you have children with the Adverse Party 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.

What Do I Need to Get Started?

You need to get the application forms: (1. Applicant Information; 2. Domestic Violence Protection Order Information Sheet; and 3. Application for a Temporary and/or Extended Order for Protection Against Domestic Violence) that are available, free of charge from the Family Violence Intervention Program located at 601 N. Pecos Road, ADG 450, Las Vegas, Nevada 89101.

You may turn in handwritten application forms if your handwriting is easy to read. Otherwise, the forms should be typewritten. You do not need to file a criminal charge against the Adverse Party in order to obtain a Protection Order.

How Soon Can I Get A Temporary Protection Order?

Once the completed forms are filed in the Family Violence Intervention Program at Family Court, the judge will make a decision as quickly as possible. You can be sure that you will have your decision within two court days (a court day is a day on which the court is open for business). You must contact the Family Violence Intervention Program to find out the status of your application. If a Temporary Protection Order is issued, you may pick-up a certified copy of the Order from the Family Violence Intervention Program; otherwise, you may also leave a self-addressed envelope with them and they will mail you the Order when it is issued.

How Long Do Temporary Protection Orders Last?

A Temporary Protection Order may be issued for up to 30 days or until the date of your court hearing on your request for an Extended Protection Order (usually about three weeks).

Can the Temporary Protection Order Be Extended?

Yes, for up to one year. If you know at the time you file your Application for a Temporary and/or Extended Order for Protection Against Domestic Violence that you will need the Order extended beyond 30 days, you should check the appropriate box on the Application requesting a Court hearing for that purpose. If you fail to check this box, or if you realize after you have obtained a Temporary Protection Order that an extension is necessary, you may complete and file an Application for an Extended Protective Order Against Domestic Violence; this form is also available at the Family Violence Intervention Program. You should leave a self-addressed envelope with the Application for an Extended Protection Order.

How Do I Know When My Hearing Will Be?

If you have checked the box requesting an extension of the Temporary Protection Order, the judge or the court clerk will schedule a hearing date and time and mark it on the Order. If you have left a self-addressed envelope with the Family Violence Intervention Program, they will mail you a copy of the Temporary Protection Order with the hearing date and time listed on it.

If you have filed an Application for an Extended Protective Order Against Domestic Violence, the judge will sign an order granting a hearing. If you have left a self-addressed envelope with the Family Violence Intervention Program, they will mail you a copy of the Order with the hearing date and time listed on it.

How Do I Get Temporary Custody and Child Support Orders?

You must check the appropriate boxes on the Application (see the Instructions) and complete a Declaration Under Uniform Child Custody Jurisdiction Act (NRS 125A.120) and a Financial Statement For Use In Domestic Violence Cases form; these forms are available at the Family Violence Intervention Program. Unless you request otherwise, any such order will be effective for only 60 days (if there is a divorce or other family court action pending) or for the term of the Protection Order (no more then one year). If you will need a permanent order of support beyond that time, the Clark County District Attorney Family Support office (DAFS) will seek a permanent support order on your behalf. In order for DAFS to seek such a permanent order while the Extended Protection Order is in effect, you will have to ask the judge to make the support order effective for the term of the Order or until the District Attorney obtains a permanent order for child support. See the Instructions For Obtaining a DAFS Permanent Child Support Order.

Do I Have to Go to the Hearing on the Request for an Extended Protection Order?

Yes. If you do not attend your hearing, your Temporary Protection Orders and any other temporary orders will expire either on the date indicated on the Temporary Protection Order or earlier (if the Adverse Party appears at the hearing and asks to have the Order dissolved, the judge may dissolve the Order at that hearing).

Will I Have to See the Person I Am Restraining at the Hearing?

If the Adverse Party comes to the hearing, he or she will have the right to be in court and address the judge. However, he or she does not have the right to talk to you. If you are concerned for your safety, come to the Family Violence Intervention Program at least one half hour before your scheduled hearing time. You may be able to wait there. Otherwise, let the court clerk or bailiff know if you are worried thatthe Adverse Party will contact you in the courtroom or hallway. If the Adverse Party threatens you in any manner while you are waiting for your case to be called, advise the bailiff immediately.

WHAT DO I DO AFTER I HAVE COMPLETED THE APPLICATION FORMS?

1. File the Application and other Forms at the Family Violence Intervention Program

Turn in the completed Application forms to the Family Violence Intervention Program located at 601 N. Pecos Road, ADG 540, Las Vegas, NV 89101. You must have photo identification with you for notarization of the Application forms. Information from the forms will be entered into a database, and computer-generated forms will be issued. After you bring in your forms, advocates at the Program will review them for completeness. You will then file them with the Clerk's Office. The judge will decide whether or not to grant you a Temporary Protection Order.

2. Find Out Whether or Not You Got A Temporary Protection Order

You may have to come in to talk to the judge, or you may not see the judge at all. The judge will review your Application without requiring your presence and sign the Temporary Protection Order if the facts you wrote in your Application make it clear that you need the order. If the judge grants the Order, it will be available for you to pick up that day or the next day from the Family Violence Intervention Program. Read the Order carefully to see:

1. Did the judge grant the protection orders you requested in your Application?
2. If the orders were granted, did the judge make any changes to them?

If the judge is unable to determine whether a Temporary Protection Order is appropriate after reviewing your Application, the matter will be set for a hearing so that you and the Adverse Party may speak with the judge.

3. Keep Copies of Your Temporary Protection Order

Carry one copy of the Order with you at all times and keep another one in a safe place. You may need one if you have to call the police. Give a copy of the Order to any other person to be protected by the Order. All protection orders are entered into a Nevada statewide computerized registry. Give a copy to any place (for example, a school or workplace) from which the Adverse Party had been ordered to stay away, including your landlord or other security in your building, your employer, your school, and any school, babysitter or day care facility of minor children included in the Order.

4. Mark Your Calendar for the Court Hearing

If you requested an extension of your Order, you will find the court hearing information (date, time, and department) on your Temporary Protection Order or, if you filed an Application For An Extended Protective Order Against Domestic Violence, on the Order granting the hearing. The court clerk or the judge will fill in the date and time for your hearing on one of those forms.

5. Serve the Adverse Party

"Serve" is a legal term. It means to personally deliver a copy of the Order to the person to be restrained. The Adverse Party must be served with a copy of the Temporary Protection Order, so he or she will know what the judge ordered.

If you have provided the Family Violence Intervention Program with a residence and/or work address for the Adverse Party, the judge will order the Clark County Sheriff to try to serve the Order on the Adverse Party. A sheriff will make 2 attempts to serve the 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 effect service on the Adverse Party, he or she will complete a Return of Service form and send it to the Family Violence Intervention Program.

If you do not have a current residence or work address for the adverse party or 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 the Adverse Party can be found), however, they do charge a fee.

Otherwise, you may choose any U.S. citizen over the age of 18 years except an interested party to the action or a person protected by the Order (including you). Service must be personal (where the papers are handed to the Adverse Party). Service by mail is not enough.

Affidavit of Service

If you use a commercial process server or some other third party (other than the sheriff) to serve the Order on the Adverse Party, a completed Affidavit of Service form must be filed with the Family Violence Intervention Program, to prove that the Adverse Party has been served. The person serving the Order must complete the Affidavit of Service, writing down the location, date and time that the Adverse Party was served, and sign and date the form. The person who serves the Order fills out and signs the Affidavit of Service form. Don't fill out the Affidavit of Service form yourself. Make sure the completed Affidavit of Service is filed with the Family Violence Intervention Program at least two days before your hearing date.

Always keep a certified copy of your Protection Order with you. Make sure that everyone listed as a protected person in the Order also get copies and know that they should keep a copy with them at all times, while the Order is in effect.

6. Prepare For the Court Hearing

Basic Facts About the Hearing

You can bring someone with you for moral support (such as a victim's advocate), however only an attorney authorized to practice in Nevada may speak for you in court. If you are not represented by counsel, you must speak for yourself at the hearing.

Please do not bring children to court.

In order to be sure to be on time, it is a good idea to arrive at court early; if you are late, your case may be removed from the court calendar. This means you may have to start all over again.

Find the courtroom and tell the clerk or bailiff you are present. Let the clerk or bailiff know if you are worried that the Adverse Party will contact you or harm you while you are waiting in the courtroom or hallway.

Prepare To Present Your Case

Bring any witnesses or documents to court that would help your case.

If you think that the Adverse Party will lie in court, bring a witness to court who heard or saw the violence or your injuries.

Helpful documents might include police reports, medical reports, rental agreements, photos, rent receipts, bills, etc.

If you are unsure whether or not to bring a witness or a document, bring everything! The judge can decide whether the evidence is admissible or relevant.

Immediately Before to the Hearing

Be seated outside the courtroom and wait until your case is called.

Look over your papers before the hearing starts so you will be prepared.

When it is your turn and your name is called, go to the front of the courtroom. The bailiff or the court clerk will tell you where to stand. Remain standing while the Clerk "swears" you in and then you may be seated.

Courtroom Behavior

Listen carefully to what the judge is saying. If you don't understand something, ask questions when it is your turn to speak.

Never interrupt the judge.

Speak only to the judge. Do not talk to the Adverse Party except if you have the opportunity to question him or her on any statements he or she makes to the judge.

Do not interrupt the Adverse Party when he or she is speaking to the judge. If the Adverse Party lies in court, you should tell the judge after the person is finished talking.

How to Handle Questions

The judge may ask you questions; listen carefully to the question, take a deep breath, and then answer truthfully and slowly.

The Adverse Party or his or her attorney may also ask you questions; listen carefully to the question, take a deep breath, and then answer truthfully and slowly. Direct your answers to the judge, not to the Adverse Party.

If the Adverse Party or any other person testifies, you will have the opportunity to ask that person questions about what they have said to the judge. This is the only time you should direct any questions to the Adverse Party.

The Judge Announces the Decision

When the hearing is over, the judge will announce which orders are granted.

When the judge explains his or her decision, if you do not understand something, say so.

The judge will sign an Extended Protection Order after the hearing is over, if he or she has decided to grant one. Make sure that you do not leave court without a copy of the Order signed by the judge.

The Judge Could Continue the Case

The judge may tell you to come back for another hearing at a later date. This could happen if your hearing is taking longer than planned, if the judge doesn't have enough facts to decide the case and wants you to bring in more information, or if the Adverse Party asks for time to get a lawyer or prepare a response. In the meantime, the judge may extend your Temporary Protection Order until the next hearing. If this happens, remember to bring all your papers, forms and Orders back to court at the next hearing.

What Happens After the Court Hearing

It will take at least seven days for the Family Violence Intervention Program to obtain a copy of the Extended Protection Order. You may leave a self-addressed envelope at the Family Violence Intervention Program, or call after your hearing and provide them with a mailing address, and they will mail you a copy of the Order when it is received. Otherwise, you may call the Family Violence Intervention Program to determine when the Order will be ready and personally pick up a copy.

Carry one copy of the Extended Protection Order with you at all times and keep another one in a safe place; you will need one if you have to call the police because the Adverse Party violates the Order. Give a copy of the Order to any other person who is listed on it as a protected person. All protection orders are entered into a Nevada statewide computerized registry. Give a copy of the Order to a person in authority at any place (for example, a school or workplace) from which the Adverse Party had been ordered to stay away, including your landlord or other security in your building, your employer, your school, and any school, babysitter or day care facility of minor children included in the Order.

How Do I Enforce An Order Of Child Support?

If, at the hearing for an extension of the Protection Order, the judge ordered the Adverse Party to pay child support, the order will include an order for the withholding of income. This directs the Adverse Party's employer to withhold the child support amount from the wages or salary payable to the Adverse Party. You should send a certified copy of the court order (with a cover letter explaining the order and providing the address to which payments are to be sent) to the Adverse Party's employer by certified mail, return receipt requested. The employer will withhold the ordered amounts from the Adverse Party's paycheck and will mail the withheld amounts to you, less a $3.00 fee allowed by statute for the costs of making payment on the assignment.

What Happens If I Move?

Your Protection Order can be enforced in any state, territory, or Indian reservation in the United States. If you move out of Nevada, contact the police, sheriff, or other law enforcement in the state, territory, or reservation where you move so that they know to enforce your Order. They will probably tell you to bring them a certified copy of your Order.

You can also contact a domestic violence hotline to get information on where to get additional help in your new community. The National Domestic Violence Hotline (1-800-799-7233/SAFE) can give you referrals to a local hotline.

HOW DO I KEEP MYSELF SAFE?

What Should I Do With My Order?

Keep your own copy of the Protection Order with you at all times. Also keep a copy of the Affidavit of Service with each copy of the Order. You may also want to deliver copies to schools, building security, and places of employment that the Adverse Party has been ordered to stay away from. If you have been given custody of a minor child, you should deliver a copy to the child's school, daycare center, or babysitter.

When Should I Call the Police?

Report any violation of the Order to your local law enforcement agency 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 the Adverse Party, obtain copies of medical reports prepared by attending physicians. Keep a written log of any contact, harassment or abuse, including the date and time of incidents and witnesses. If your local law enforcement agency does not come to you to complete an Incident Report, 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 the Order.

What Happens If I Don't Have An Affidavit of Service?

Call law enforcement anyway.

Even though your Order becomes effective as soon as the judge signs it, the Adverse Party must know what the Order says before it can be enforced against him or her. Your Affidavit of Service proves that the Adverse Party knows what the Order says. If law enforcement does not have a copy of the Affidavit of Service of the Order on the Adverse Party, and if the Adverse Party was not present at the court hearing, the police officer will advise the Adverse Party of the terms of the Order and then enforce it.

What If the Adverse Party Violates the Order?

Violation of a Protection Order is a Crime. The punishment may include fines and imprisonment.

Your local district or city attorney's office will decide whether to file a criminal complaint after you or the police request it.

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 obtain a copy of this form from the Family Violence Intervention Program located at 601 N. Pecos Road, ADG 540, Las Vegas, NV 89101, free of charge. There is no fee to file the Motion with the Program Office. You must have valid photo identification with you for notarization of the Motion. You may also file and serve affidavits signed by persons who have personal knowledge of the facts, in support of your Motion. If the judge finds that the violation was a civil contempt of court, the Adverse Party may have to pay a fine, be imprisoned for up to 6 months, and/or be required to pay your costs for bringing the Motion.

INFORMATION AND INSTRUCTIONS FOR THE ADVERSE PARTY

What Do I Do After Being Served With a Protection Order Against Me?

Read the papers served on you very carefully. The Order to Show Cause tells you when to appear in court and probably contains a Temporary Protection Order forbidding you from doing certain things. You must obey these orders. IF YOU DISOBEY THE COURT'S ORDERS, CIVIL OR CRIMINAL CHARGES MAY BE FILED AGAINST YOU.

Do I Need a Lawyer?

If you are served with a Temporary Protection Order Against Domestic Violence you should promptly seek legal advice. If the court grants an extended protection order against you, it could affect your ability to obtain/maintain custody of your minor children in a subsequent divorce action. Contact the local bar association (listed in the telephone book), a lawyer referral service, or a friend for a referral, or look under "Attorneys" in the yellow pages of your telephone book. However, you are not required to have an attorney in order to appear in court and speak with the judge at the hearing on whether the Temporary Protection Order should be extended.

Can I Respond to the Application for a Protection Order?

Yes. If you wish to oppose the Application, you should file a Motion and Affidavit for Expedited Hearing to Modify/Dissolve. You can obtain a copy of this form from the Family Violence Intervention Program located at 601 N. Pecos Road, ADG 540, Las Vegas, NV 89101, free of charge. There is no fee to file the Motion. You must have valid photo identification with you for notarization of the Motion. You may also file and serve affidavits signed by persons who have personal knowledge of the facts, in support of your Motion.

After you have filed the Motion, a copy must be served upon the person who obtained the Order or his/her attorney. See the discussion at page 5, "Serve The Adverse Party". It is possible that the court could grant your Motion even if you don't go to the hearing, but it is unlikely.

What Happens If I Do Not Go to the Hearing?

The Temporary Protection Order may be extended for a period of up to one year. You will be served with a copy of the Extended Protection Order. You must obey this Order even if you didn't go to the hearing. Violation of the Order may be a Crime and/or a Civil Contempt of Court punishable by a fine and/or imprisonment.

How Can I Get My Own Protection Order?

If you want your own protection order against the other person, you must file your own Application for a Temporary and/or Extended Order for Protection Against Domestic Violence. You can obtain the forms from the Family Violence Intervention Program located at 601 N. Pecos Road, ADG 540, Las Vegas, NV 89101, free of charge. For more information, see the discussion on applying at "What Do I Need To Get Started".

This publication only provides general information concerning your rights and responsibilities; it is not a substitute for legal advice on your case. This information is current as of June, 2001.