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Las Vegas Criminal Defense

Charged With Violating a Protective Order?

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If you’ve been accused of violating a protective order you’re not alone. One study holds that half of all victims of domestic violence who’ve obtained protective orders in the country report their abusers violate those orders. Furthermore, the violence often escalates at that point. Even so, survivors who report continued abuse after getting a protective order say nothing happens to abusers when the violation is reported. While that may be accurate in some states, in Nevada the legal consequences for violating a protective order are nothing to smirk at.

What is a Protective Order?

A protective order can be issued in a civil court in an attempt to protect applicants from harassment and harm from another person. A temporary order may be granted based solely on the alleged victim’s testimony or if the respondent has an arrest record for domestic violence and lasts as long as 45 days (or 90+ days in cases where the respondent is in hiding). Applicants must then attend a hearing in order to get an extended order of protection. At the hearing both parties have the chance to explain the situation from their perspective.  If the order is granted, it may last for as long as two years.

What Do These Orders Mean

Once a protective order is issued, the respondent must:

 

Temporary Order Extended Order
Never threaten or harm applicant or minor kids Never threaten or harm applicant or minor kids
Never come to your home, school, and workplace Never come to your home, school, and workplace
Never threaten or take pets, possessions, or children Never threaten or take pets, possessions, or children
Not communicate with applicant or minor children
Continue rent/mortgage payments
Make child support payments
Pay all court fees related to the case
Pay compensation losses related to the case
Give up possession of any firearms in some cases

 

Penalties for Violating the Protective Order

The legal consequences for violating a protective order in the State of Nevada are pretty stiff:

  • Violating a temporary order could result in gross misdemeanor charges, with a $2,000 fine and a year behind bars;
  • Violating an extended order is a felony, and could lead to $10,000 in fines and five years in the state prison.
  • In the event the violation involved felony conduct such as assault, the penalties increase substantially.

Protecting Your Rights 

The dedicated Las Vegas criminal defense attorneys at Lobo Law are dedicated to protecting the rights of our clients, regardless of the charges. We provide a vigorous defense and explore all legal avenues in order to achieve the best possible outcomes for you. To discuss, schedule a confidential consultation in our Las Vegas office today.

Source:

clarkcountynv.gov/government/departments/justice_courts/jurisdictions/henderson/divisions/protection-orders#:~:text=A%20protection%20order%20is%20a,person%20(the%20adverse%20party).

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