Protective order hearings also referred to as restraining order hearings, generally involve a legal order requiring one person or entity
As with most legal scenarios, it’s not necessary to have a lawyer representing you during a protective order hearing. That being said, it’s always wise to have an expert available to help guide you through the process.
Nevada Protective Orders
Nevada state law requires any protective orders to be issued by a state court, although the order itself might be enforced beyond state lines.
Protective orders can be used to provide protection against situations where a person feels threatened and engendered by another person, usually out of fear from behaviors that can include harassment, stalking, and any kind of domestic abuse ranging from physical assault to sexual abuse.
Depending on the details of a specific protective order request, the Nevada court may prohibit the individual named in the order from engaging in multiple kinds of activities including:
• Allowing a person to enter the applicant’s home/school/workplace,
• Prohibiting the person from being in the same general vicinity as the applicant, although restaurants and public areas may still be allowed due to jurisdictional limitations.
• Putting a limit on, or outright prohibiting, the person from purchasing firearms or conventional weaponry.
• Allowing the person from taking a minor outside of a determined boundary, such as a town, city, or state.
As the name suggests, this protective order type comes with a set time period before the order expires. After 30 days, the protective order will expire and no longer be legally binding for either the applicant or the person. However, the applicant does have the option to file a new temporary protective order prior to the expiration date in the event the original order was never served.
Penalties for violating the temporary order can include jail time of one year and a maximum fine of $2,000.
Extended orders of protection come with a long shelf life of a one-year maximum. Also, Nevada state law will not allow an extended order to go into effect when a temporary order has expired.
Penalties for violating an extended protection order increases to a maximum fine of $10,000 and five years in prison.
Why Representation Matters
As previously stated, it’s not a requirement to have legal representation during protective order hearings, but failing to have competent legal professionals on your side can be detrimental to your legal arguments.
Seeking legal representation can be an overwhelming prospect, especially for emotionally-charged courtroom situations. With so many lawyers offering their services, finding the right one with the accreditation, experience, and knowledge can tempt even the most logical individual to skip the step and face the charges on their own.
It’s important to remember that lawyers, like any profession, bring an extensive toolset of knowledge and skills to a case. If you’re facing a protection order application you feel to be unjustified, it’s best to face the challenge with every tool you have available.