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It is common for the alleged victim of domestic violence to seek a protective order. A protective order is a court order that prevents a person from contacting or being around the alleged victim.
To get a protective order for domestic violence, the alleged victim must fill out an application and submit it to the court.
The Judge will review the application and determine if domestic violence occurred or the threat of domestic violence exists.
Per Nevada law, the following acts constitute domestic violence:
● A battery,
● An assault,
● Compelling the alleged victim to do or not do something she has the right to do or not do,
● A sexual assault,
● A knowing, purposeful, or reckless course of conduct intended to harass the alleged victim. Such conduct may include:
● A false imprisonment, or
● Unlawful entry of the alleged victim’s residence, or forcible entry against the alleged victim’s will if there is a reasonably foreseeable risk of harm from the entry.
If the judge determines that domestic violence occurred or the threat of domestic violence exists, the court can issue a temporary protective order. While in some cases, the accused is given a chance to appear at a hearing, the court has the ability to issue a temporary protective order without first informing the accused. A temporary protective order can be issued for up to 30 days. However, the order is not enforceable against the accused until he is served with the protective order.
To extend a temporary protective order beyond 30 days, the court must hold a hearing in which the accused can appear with an attorney and challenge the allegations. If at the hearing the court finds that domestic violence occurred or the threat of domestic violence exists, the court can extend the protective order up to a year.
If an extended protective order is issued, your right to purchase or receive firearms is suspended for the term of the protective order. Additionally, depending on the facts of the incident, the court may order the accused to transfer or sell the firearms they currently own. Failure to do so would lead to a Category B felony.
Like all testimony in court, testimony given during a protective order hearing can only be given after swearing to tell the truth. Additionally, this testimony is recorded. Therefore, it is important for the accused to think carefully before testifying at the hearing. Any statements made at a protective order hearing can be used against the accused later during the criminal trial. Therefore, it is important to start protecting your rights as early as the protective order hearing.
Your case is unique with different facts, people, and circumstances. Defenses not listed could apply. During your consultation, Jherna Shahani, Esq. will evaluate your case and begin working on your defense strategy. Call Your Domestic Violence Defender at 702-625-7551 for a FREE consultation.