How To Get A Restraining Order In Nevada

In Nevada, a Restraining order is a civil court order intended to shield an individual (the applicant) from harassment or injury by another individual (the opposing party). Restraining orders in Nevada are legally referred to as protective orders. The order specifies particular behaviors the opposing party is not allowed to engage in to protect the applicant and locations the opposing party must avoid. Criminal prosecution could follow a violation of a restraining order.

People who are afraid for their safety because of abuse, harassment, or threats can find protection through restraining orders. These orders are enforceable by law and may be used in several circumstances, such as:

• Violence in the home
• Intimidation or harassment
• The act of sexual assault
• Violent threats

Chapter 33 of the Nevada Revised Statutes outlines the definitions and requirements for the different types of restraining orders( protective orders) in detail. These documents become a part of Nevada civil court records and are made available to the public alongside other judicial records.

Types Of Restraining Orders in Nevada

The different types of restraining orders in Nevada cover the various circumstances and situations that necessitate the protection of an individual:

• Restraining order for the protection of Children: A restraining order issued for the protection of children is issued by a court on behalf of a child against an individual who is at least eighteen years old and whom the parent or guardian has a reasonable suspicion has committed or is committing a felony involving:
• Harm to the child's body or mind that is not accidental
• Sexual exploitation or abuse of the child.
• Restraining Orders for Protection against High-risk Behaviours: A Restraining Order for High-risk Behaviours applies to situations where an individual's actions, conduct, behavior, or words suggest a threat of imminent violence to another person or themselves.
• Restraining orders for protection against Domestic violence: A domestic violence restraining order is imposed when an individual engages in violent crimes or criminal behaviors toward their spouse or ex-spouse, any other family members, or anyone they have dated or are currently dating.
• Restraining Orders for Protection against Harassment in the Workplace: Restraining orders against workplace harassment are issued when an employer or employee intentionally threatens to do bodily harm or engages in behavior that seriously compromises a work colleague's safety, physical well-being, or mental stability.

Are Restraining Orders Public Record In Nevada?

Yes, Restraining Orders are public records in Nevada, as per the Nevada Public Records Act. They are publicly available documents that can be searched using any state court's in-house database. Police departments in Nevada also keep records of restraining orders issued by courts and make these records available to interested individuals.

Permanent restraining orders from criminal cases can also come up during landlords' and employers' background checks. However, restraining orders for crimes such as stalking, sexual assault, and harassment can be filed confidentially. Information from these documents can be private and accessed by individuals named in the restraining order.

How To Lookup Restraining Orders In Nevada

Below are some options to perform a lookup in Nevada:

• In person at any county court clerk's office in Nevada. Persons can visit any district court clerk's office and submit a request to look up restraining orders issued by the Court.
• Online using the Nevada appellate case search portal.
• Using in-house databases maintained at every law enforcement office in Nevada.
• Third-party search portals.

Can You Lookup A Restraining Order Online?

Yes. Citizens in Nevada can look up information on any public restraining order online using the databases at any local court in Nevada. Individuals can search for information on these restraining orders using the public access terminals at every county courthouse or by making applications to the local county court clerk. Persons can find the restraining order decree, Registers of Actions, and disposition information from protective order hearings using the search tools available at any county court.

The Judicial Council of the State of Nevada (JCSN) requires that all courts provide interactive systems that public members can use to search for information on protective orders issued by that particular Court. People can also use the county court calendars to look up information on restraining orders online. Persons seeking these records can search for them using a date range, case numbers, or the names of key persons in the restraining order application.

It is important to note that no statewide public database in Nevada enables the general public to look up restraining order information.

Another way to look up restraining orders online is through third-party websites. Some third-party sites provide access to information about restraining orders as part of a standard background check, especially those that result from criminal cases. Users can search for information on these portals using the name of the Adverse party named in the restraining order documents.

How To File A Restraining Order In Nevada

Individuals who want to file a restraining order can do so by following these steps:

• Step 1: Identify the type of restraining order that is needed and complete the correct protection order forms. Applicants must first determine the type of restraining order that is appropriate for their situation. The applicant must also decide whether they need to file a confidential restraining order and then pick the correct documents. Some examples of the paperwork required for the filing process include (e.g., Domestic Violence Temporary Protection Order, Domestic Violence Application for Protection, High-Risk Behavior Extended Order for Protection, and Sexual Assault Temporary Protection Order.
• Step 2: Apply to any county court. After completing the application, applicants must return it to the clerk. The clerk will forward it to a judge, who will consider it. The judge may issue a temporary restraining order based only on what is written in the application or set a hearing.
• Step 3: Process service: If a temporary order is issued, a copy must be given to the adverse party so they know what they are not allowed to do (such as calling the applicant or visiting the applicant's house). If the applicant requests an extended order, the Court will set a date for a hearing that the adverse party and the applicant are entitled to attend.
• Step 4: Go to the Hearing: Attend the hearing in Court. Either side will present evidence, and the Court will decide whether to grant a permanent restraining order.

Can You File A Restraining Order For No Reason In Nevada?

No. The Court in Nevada will issue a restraining order only when substantial proof is required. For instance, the Nevada Legislature established a process in 1985 that permits individuals to seek court protection against domestic abuse under certain conditions. "Domestic violence", as defined by Nevada law, is when someone has a particular domestic relationship with the victim of the crime. Before the Court can offer protection, both requirements must be fulfilled. Chapter 33 of the Nevada State Legislature outlines the conditions necessary to issue additional protection orders.

What Proof Do You Need For A Restraining Order In Nevada?

Depending on the type of restraining order and the case's particular facts, petitioners must produce sufficient evidence to persuade the Court that protection is required to obtain a restraining order. Generally, Applicants must provide two types of proof to secure a temporary or long-term restraining order:

• The Preponderance of the Evidence: The accuser must demonstrate clearly that there is a greater likelihood than not that harassment or abuse took place to meet the preponderance of the evidence requirement. Accordingly, the evidence must demonstrate that the statements have a larger than 50% likelihood of being true. This approach is frequently applied in cases involving temporary civil restraining orders. Examples of this evidence include Messages, Witness statements, and Photos of injuries.
• Evidence that is convincing and obvious: Proof beyond a reasonable doubt is lower than the clear and compelling evidence level and higher than preponderance. According to this criterion, the accuser must prove the allegations are likely accurate. It is applicable in situations with grave issues, such as threats or domestic abuse. This type of evidence is needed to secure longer protective orders. Examples of these types of evidence include police reports, medical records, and video and Audio recordings of threats.

How Long Does It Take To Get A Restraining Order In Nevada?

The type of warrant requested determines how long it takes to get a restraining order. Depending on the specifics and necessary paperwork, the application procedure may take a few hours or several weeks, though each case is unique. A temporary restraining order may be granted immediately following an application on the same court day. When domestic violence is threatened, the judge will issue an emergency order without taking any other considerations into account.

Obtaining a longer protective order will take at least two weeks. However, if the court date is rescheduled or the Court cannot find and serve the respondent, it may take longer.

How Long Does A Restraining Order Last In Nevada?

The validity of a restraining order varies according to the type that the court issues:

• Temporary order for protection: A temporary order may be in effect for a maximum of forty-five days or until a hearing for an extended order.
• An extended order for protection lasts for up to two years. If a Temporary Restraining Order is in effect when an Application for an Extended Protection Order is filed, it will stay in effect until the hearing on the Extended Protection Order application.

How Much Does A Restraining Order Cost in Nevada?

The cost of applying for and obtaining a restraining order in Nevada depends on the type of order that is being requested. Nevada courts do not charge any fees to apply for restraining orders against sexual assault or domestic violence. Even if a judge does not hear the case, the payment will be deemed "deferred" indefinitely and does not need to be paid by the applicant. However, a $100 security bond and a $74 filing fee are required to apply for a restraining order against harassment in the workplace. Depending on the Court where the application is filed, the total cost to apply for this restraining order is $200 to $250.

Can You Cancel A Restraining Order In Nevada?

In Nevada, either party involved in an active restraining order can request that the judge modify the protection order's terms or revoke it entirely. A person may cancel the order entirely because it's no longer needed. Individuals who want to request to dissolve the restraining order can do so by following these steps:

• File a Motion to Modify or Dissolve Protection Order: Individuals must first obtain a Motion to Modify or Dissolve form online or from any county court in Nevada. This form tells the judge and the other party why the restraining order and protection order must be canceled. The request should also include any exhibit that serves as evidence for cancellation.
• Submit the form to the Court where the restraining order was issued.
• Wait for the hearing: A copy of the Court's documents will be sent to the opposing party. If the opposing party desires, they may provide a written answer. If they do, a copy of the response will be sent to the applicant.