Consequences of Violating a Protective Order
In the state of Nevada, it is never a good idea to violate a protective order. It doesn’t matter if you believe the order was issued under false pretenses, or if the individual who requested the order has changed their mind. If the order is on the books, you will face serious consequences for a violation.
What is a Protective Order?
Protective orders, sometimes called restraining orders, restrict a person’s ability to contact a person or place. There are two kinds of orders in Las Vegas: those against domestic violence—issued by a Family Court, and those against stalking and harassment—issues by a Justice Court.
A temporary order is the first step and lasts 30-45 days. This gives the court time to examine the case in detail and decide whether an extended order of protection is warranted. If granted, the order can last for up to a year or two.
Domestic Violence Orders
Domestic violence, sometimes referred to as intimate partner violence, is a behavior pattern that threatens the welfare of a current or former intimate partner. Individuals who have been the subject of domestic violence may seek a protective order as a means of keeping an abuser away.
Stalking & Harassment Orders
Orders to protect someone from harassment may be related to property destruction or intent to cause harm to an individual. Protective orders may also be issued for stalking—tracking a person and causing them concern for their safety. People involved in these situations may be neighbors, teammates, work colleagues, classmates, etc.
Penalties for Violating an Order
The first thing that could happen when you violate a protective order is that you will be arrested. Even without a warrant, if officers have probable cause that there’s been a violation you are heading to jail. From there it only gets worse:
- First Offense: The first time you violate a TPO or an EPO you could be charged with a misdemeanor, which could land you in jail for six months, on top of having to pay a $1,000 fine.
- Second Offense: The penalties double for a second violation—a gross misdemeanor– with fines of $2,000 and 364 days in jail.
- Subsequent Offenses: Further violations are a felony, with prison time attached and fines of up to $10,000.
Protecting Your Rights
Clearly, knowingly violating a protective order is serious business, requiring the efforts of a serious criminal defense attorney. The Las Vegas criminal defense attorneys at Lobo Law are committed to protecting your rights in a situation like this. To discuss your circumstances, schedule a confidential consultation in our Las Vegas office today.
Source:
leg.state.nv.us/nrs/nrs-033.html
