Temporary Order of Protection in Nevada
What is a TPO?
A Temporary Protection Order: a legal court order, which is temporarily put in place, to protect those who are victims of domestic violence. (N.R.S. 33.017)
Domestic Violence: physical, sexual, or psychological violence between those, in or previously in, a dating relationship; spousal relationship; blood relationship; parent/minor child relationship; or legal guardian of a minor child. (N.R.S 228.030)
What are the laws governing a TPO?
The laws governing a Temporary Protection Order are in place for any domestic violence relating to the following persons: a spouse or former spouse; any person related by blood or marriage; any person currently or previously involved in a dating relationship; any person who shares a child in common; the minor child of any of those persons; or the person’s minor child or any other person who has been appointed custodian or legal guardian of the person’s minor child. (N.R.S 33.018)
What acts constitute domestic violence?
a.) Battery
b.) Assault
c.) Compelling the other person by force or threat of force to perform an act from which the other person has the right to refrain or to refrain from an act which the other person has the right to perform.
d.) Sexual assault
e.) A knowing, purposeful, or reckless course of conduct intended to harass the other person. Such conduct may include, but is not limited to:
- Stalking
- Arson
- Trespassing
- Larceny
- Destruction of private property
- Carrying a concealed weapon without a permit
- Injuring or killing an animal
f.) False imprisonment
g.) Unlawful entry of the other person’s residence, or forcible entry against the other person’s will if there is a reasonably foreseeable risk of harm to the other person from the entry.
How do you get a TPO?
In order for a Temporary Protective Order to be granted, the court must receive satisfactory facts submitted through a verified application, that an act of domestic violence has either previously occurred, or the threat of domestic violence exists. The court may order either the applicant, adverse party, or both, to appear before the court before determining to grant the temporary order of protection. However, a temporary protection order may also be granted to the applicant without notice to the adverse party. This is referred to as an ex parte proceeding. Once the TPO application has been submitted and filed, the court shall rule on the order within (1) judicial day. (N.R.S. 33.020) From the time the TPO is served, it can not last longer than 30 days, unless the judge orders otherwise. (N.R.S. 33.080)
How do you defend a TPO?
Temporary Protective Orders can be very tricky, and they can cause you to lose many of your rights as a parent/guardian. Additionally, they can have consequences that you may not immediately understand. If a TPO is filed against you, you may have certain rights taken away, such as: not being able to enter your home (even if you own it); you may not be able to enter your children’s school; may not be able to enter the applicant’s workplace; you may not be able to purchase a firearm; you may have to forfeit your previously purchased firearms; it can prevent you from selling your home, and can even prohibit you from taking your child out of certain jurisdictions.
Why you need a Family & Defense Attorney when seeking or defending a Temporary Protection Order in Reno, NV
It is important to have representation, who will fight for your legal rights, and who has expertise from both sides of the judicial system; prosecution and defense. Mathew Work and Carlson & Work will offer you the best legal counsel in Reno. When it comes to family law, you couldn’t have a better attorney in your corner. Mathew Work’s previous experience as a criminal prosecutor will give you the upper hand in your case and will work diligently to ensure you are represented justly in your case.
Carlson & Work’s TPO Lawyers will make sure you understand your rights and the consequences of a TPO before a restraining order is placed against you. If you find yourself as the defendant in a TPO, do not voluntarily let the order be placed against you. This could potentially have dire consequences. Let Mathew Work and Carlson & Work represent you in family court before many of your rights are forfeited. If you voluntarily allow a TPO to be filed against you, you may be: ordered to leave your home; prohibited from seeing your children; ordered to pay child support; unable to own a firearm; disqualified from future employment and educational opportunities, due to having a restraining order on your record. Carlson & Work will look at the circumstances surrounding the TPO being filed against you and will determine the best defense in your case.
