Restraining orders in Las Vegas are handed down to protect someone against harassment by another party. In many cases, plaintiffs in a domestic violence case file for a restraining order to be granted to protect them against harmful altercations from the defendant while the proceedings are underway. Such incidents may include anything from a simple war of words to outright getting physical.
People involved in a domestic violence case in Las Vegas may not understand what restraining orders are in detail. If you happen to be involved in such a case, it is best to understand what the common restraining orders in Las Vegas are.
Temporary Order for Protection
A temporary order of protection is the basic, entry-level restraining order that courts can grant for a plaintiff. It entitles the plaintiff to 45 days of protection against the defendant invading their personal space. The plaintiff must file a motion for temporary protection in court, alongside evidence that proves such a motion is necessary to protect the plaintiff’s well-being. The court, on the other hand, is required to act on the request within a day of filing. Once approved, a copy of the approval for temporary protection must be handed to the concerned parties within a day of approval. The request can be ‘filed’ via phone if the defendant is already in custody, however.
There are special circumstances where the temporary order for protection can extend beyond the standard 45 days. These include
- The hearing requesting a more permanent restraining order is still not resolved.
- The defendant’s copy of the restraining order has not been served.
- The defendant is at large and thus the restraining order copy cannot be served.
The specifics of the restraining order is dependent on the situation of the parties involved, and may entail some more severe provisions.
Extended Order of Protection
The extended order of protection is the higher and more involved restraining order provided by law to plaintiffs. Unlike the temporary order of protection, the extended order of protection is granted only after a hearing is held. Both parties are allowed to explain their circumstances and present evidence on why the extended order should be granted or not. Should it be granted, the defendant may not be able to invade the plaintiff’s personal space for a maximum of two years. However, Clark County has a hard limit of 60 days for the extended order if both parties are already involved in divorce proceedings. Much like the temporary order of protection, the circumstances involved with an extended order of protection are wholly dependent on the parties’ situation.
Restraining orders are tailor-made to protect a person from undue physical and emotional turmoil caused by interacting with a person that they claim has hurt them in the past. However, being handed a restraining order can also have far-reaching consequences for the subject of the order, legal or otherwise. Talk to your criminal defense lawyer so you can better understand how restraining orders in Las Vegas apply to your case, and if you can do something to avoid getting hit with one.