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what to do when order of protection expires does it stay on your record for divorce purposes


Overview

A "protection gild" is an order issued past a courtroom that protects a person by requiring some other person to exercise, or not exercise, certain things. The order could be:

  • A "temporary protection order," which is an social club issued by the justice court that is in effect for up to 45 days, or
  • An "extended protection gild," which is an social club that extends the initial temporary protection order for upward to two years.

The "applicant" is the person who believes they need protection and who files the awarding for an lodge with the courtroom. The applicant could be:

  • A person who believes they need protection because they have been the victim of a crime involving stalking or harassment or sexual assault.
  • A parent or guardian of a child who has been the victim of a crime categorized every bit harmful to minors.
  • An employer or business that believes the crime of harassment in the workplace has occurred.

The "adverse party" is the person the applicant believes they need protection from. It is the person who allegedly committed the offense against the bidder.

A protection order can practice a number of things. It can:

  • Order the adverse party to stay abroad from the applicant's abode, school, business organization, place of employment, and any other location specifically named by the court.
  • Require the adverse party to refrain from contacting, intimidating, threatening, or otherwise interfering with the applicant or members of the bidder's family, household, or whatever other person named by the court.
  • Society the adverse party to comply with whatsoever other restriction the court deems necessary to protect the victim or whatever other person named in the order.


Q&A – Protection Orders


Who tin apply for a protection order?

You lot tin can apply for a protection order if:

  • You reasonably believe that you are the victim of a law-breaking involving stalking or harassment,
  • You reasonably believe that you are the victim of sexual assault,
  • You are the agent of a business where the crime of harassment in the workplace has occurred, or
  • You are the parent or guardian of a child and you reasonably believe the child has been the victim of a criminal offense categorized every bit harmful to minors.

You must exist at least 18 years one-time to employ for a protection guild. If you are a minor who needs protection, you lot must have an adult apply for the protection order on your behalf.

Do I need an attorney to employ for a protection order?

Y'all tin use for a protection order without an chaser. Or you tin can hire an attorney to help you with the application and whatever hearing if you choose to do so.

How much does it price to file for a protection gild?

If you are seeking an order against workplace harassment, you will be required to pay a $71 filing fee and mail service a bail of $100 with the court.  (The court can also honour costs and reasonable attorney'southward fees to the prevailing party in this type of case.)

For all other types of protection orders, at that place is no fee to file an application. If the case goes to a hearing before a guess, the judge has the discretion to impose the full filing fee, a reduced fee, or no fee against the agin party.

Can I file for a protection club simply proceed my proper noun and address confidential?

Talk to the court clerk where you are filing your application to verify whether you can file and still go along your proper name and accost confidential.

If you are a victim of sexual assault and have concerns almost your privacy, you can explore the Nevada Secretarial assistant of State's Confidential Address Program (CAP). For more than data, call (775) 684-5707 or toll gratis at (888) 432-6189.

The protection order application asks you to list specific locations where you are seeking protection. If you are afraid to divulge that information to the adverse party, you can indicate that the information is "confidential" and not list the information in your application.

CAUTION! Listing information as "confidential" could limit law enforcement'southward ability to enforce your society. For example, if your order requires the adverse party to stay abroad from your work, simply that address isn't listed in your protection lodge, constabulary may be reluctant to abort the agin political party if he shows upwardly at your work because he may not know he'due south required to stay away from that location.

Where do I need to file my application for a protection lodge?

For a justice court to issue a protection society, the incident that gave rise to the order must have occurred in the expanse served by the justice court. An human action of stalking or harassment occurs "where the behave occurred" or "where the person who was afflicted past the deport was located at the time that the behave occurred." And so, for example:

  • If the adverse political party is stalking you in North Las Vegas, you lot can file your application in the North Las Vegas Justice Court.
  • If the agin party is making threatening phone calls to you, and you lot received those telephone calls in Henderson, yous can file you application in the Henderson Justice Court.

To locate the justice court that has jurisdiction over a detail area, use the Find a Court Location on our home page or click to visit Find My Court.

Which protection society application should I file?

Which application you should file depends on the facts of your detail situation and why you need the protection. Yous will demand to study the Nevada statutes that chronicle to stalking, harassment, damage to minors, sexual assault, and harassment in the workplace to decide which statutes and application utilise to your situation.

For information virtually each application, instructions, and forms, click to visit:
Protection from Stalking, Aggravated Stalking & Harassment
Protection from Workplace Harassment
Protection from Impairment to Children
Protection from Sexual Assault

TIP! If yous and the person you need protection from are in a "domestic" human relationship (which could include someone you're related to, someone you lot're dating, or someone you have dated) yous might need a protection club against domestic violence from the family court. The justice courts cannot event that type of order. For more than information, click to visit the Family Law Cocky-Assistance Center website.

What will happen afterward I submit my application for a protection order?

After you have completed your application and other documents, your paperwork volition be assigned a case number, and your case will be assigned to a justice of the peace. The justice of the peace volition do ane of iii things:

  • Grant your application and issue a "TPO" (temporary protection order).
    • If the court grants your awarding, a written protection order volition be prepared and sent to the appropriate constabulary enforcement agency for service on the adverse political party.
    • If (1) y'all have provided insufficient information to locate the adverse party, or (ii) the agin party is a minor, or (iii) the adverse political party resides outside Clark County or in another state, it volition be your responsibility to contact the proper law enforcement agency where the adverse party resides in social club to have the protection order served.
  • Deny your application.
    • If your application is denied, the justice of the peace will event an order explaining the reason for the denial.
  • Schedule a hearing.
    • When y'all file your application, verify with the courtroom clerk how y'all will exist notified should the courtroom schedule a hearing on your awarding. Typically y'all will receive notice by mail service, and the sheriff will serve notice on the agin party.

Tin I get a protection order without notifying the agin party?

A temporary protection gild can exist granted without observe to the adverse party. Nonetheless, the court can require a hearing before deciding whether to grant a temporary gild.

An extended protection order cannot be granted without discover to the adverse party and a hearing.

How long does a protection social club terminal?

A temporary protection gild volition expire no after than 45 days (15 days for protection orders against workplace harassment) after the club is signed and served on the adverse political party, unless otherwise ordered by a justice of the peace. If the order is not served within 45 days subsequently it is issued, it will expire.

FYI! Some courts count 45 days from the date the approximate signs the order. But some courts count 45 days from the date the social club is served on the adverse political party. Cheque with the court clerk where yous filed your application to verify how long the lodge will be in effect.

An extended protection gild must expire no afterward than two years after a justice of the peace signs the extended guild. If the applicant files for an extended protection social club, the temporary order remains in effect until the hearing on the extended guild is held. An extended guild cannot be issued after a temporary order has expired.

How do I use for an extended protection society?

If the applicant wishes to employ for an extended protection order, the applicant may file a motion to extend the protection order.If the move to extend the protection order is filed within the period of a temporary order (in other words, before the TPO expires), the temporary social club remains in effect until the hearing on the extended society is held. An extended lodge cannot be issued after a temporary society has expired. Click to visit Extending a Protection Order for forms and more information.

Does the adverse political party have any legal remedies one time the protection guild is issued?

The agin political party has three options after the protection club is issued:

  1. The adverse political party can file a Motility to Dissolve the protection order, and the court might schedule a hearing on the motion. The applicant can appear at the hearing to oppose the adverse party's motion. If the Motion to Dissolve is granted subsequently a hearing, the protection order will become immediately void and unenforceable.
  2. The adverse party can file a Motion to Modify the protection order, and the court might schedule a hearing on the motion.
  3. If an extended protection order is issued, the adverse party tin can file an entreatment to the commune court, and the commune courtroom might affirm, change, or vacate the order. The extended protection club remains in effect during any appeal, unless the court orders otherwise.

Click to visit Modifying, Dissolving, or Highly-seasoned a Protection Society for forms and more information.

If the adverse political party violates the protection social club, what should I do?

If the adverse party violates the protection society, you should phone call the police and report the incident immediately. In add-on, you should consider filing a motion to hold the adverse party in contempt of court. The court volition review your motion and decide whether a hearing should be scheduled. Click to visit Enforcing a Protection Order for forms and more information.

What is the criminal penalty for violating a protection gild?

Any person who intentionally violates a temporary order is guilty of a gross misdemeanor (unless a more severe penalty is provided by police force for the act that constitutes the violation), which is punishable past not more than one twelvemonth in jail and up to a $2,000 fine.

Whatever person who intentionally violates an extended society is guilty of a category C felony (unless a more severe penalisation is provided past police force for the deed that constitutes the violation), which is punishable by 1-to-v years in Nevada Land Prison and up to a $10,000 fine.

If the human action that constitutes the violation of a protection guild is itself a felony, the adverse political party can be punished by imprisonment in the state prison "for a term equal to and in improver to the term of imprisonment prescribed by statute" for the act that constitutes the violation. (NRS 193.166.)

In addition, a person who violates a protection order may likewise exist held in contempt of courtroom and punished by a fine of upward to $500 and imprisonment upwardly to twenty-five days. (NRS 22.100.) Criminal contempt may also exist prosecuted every bit a misdemeanor criminal example, punishable by imprisonment in jail for up to half-dozen months and a fine of up to $1,000.

How does a protection order application move through the courtroom?

The flowchart beneath shows how a protection guild moves through the courtroom afterwards information technology is filed.

flowchart overview of protection order process 1

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Source: https://www.civillawselfhelpcenter.org/self-help/harassment-protection/overview-of-protection-orders

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