Protective Order Nevada
Protective Order Nevada: Domestic Violence, TPOs, and Extended Orders
If you are in immediate danger, call 911. For confidential support, the National Domestic Violence Hotline is 1-800-799-7233, and SafeNest provides domestic violence services in Las Vegas.
A protective order Nevada courts can issue is one of the fastest legal tools available to someone who has been threatened or harmed by a family member, partner, or former partner. It can also reshape a divorce or custody case. This page explains the two kinds of domestic violence protective orders, who can ask for one, how to file, what a judge can order, and how orders interact with divorce, custody, and support. It is part of our family law practice in Las Vegas and Clark County.
A protective order Nevada courts issue for domestic violence comes in two forms under NRS Chapter 33. A temporary order (TPO) can be granted with or without notice to the other person, and the court must rule on the application within one judicial day. A TPO lasts up to 45 days. An extended order requires notice and a hearing, which must be held within 45 days of filing, and can last up to 2 years. You do not need to file for divorce first, and court costs are deferred for the applicant.
Table of Contents
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Who Can Get a Protective Order
Under NRS 33.018, domestic violence occurs when a person commits certain acts against a spouse or former spouse, a person related by blood or marriage, a person with whom they have or had a dating relationship, a person with whom they have a child in common, the minor child of any of those persons, their own minor child, or a custodian or legal guardian of their minor child. The listed acts include battery, assault, coercion, sexual assault, false imprisonment, kidnapping, and a knowing, purposeful, or reckless course of conduct intended to harass, which can include stalking, trespassing, destruction of property, or injuring or killing an animal. Siblings and cousins are excluded unless they are in a custodial or guardianship relationship. A dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement, not a casual relationship.
Under NRS 33.020, the court looks at whether the act or threat meets this definition and considers no other factor in deciding whether to grant the order. The request must be made on a verified application, which states specific facts under oath. If disclosing your address would jeopardize your safety, the statute allows you to decline to include it in the application; it must still be given to the court and kept confidential.
Temporary vs. Extended Orders
Temporary Protection Order (TPO)
A temporary order may be granted with or without notice to the other person, which is what makes it fast. The court must rule on the application within one judicial day after it is filed. A TPO expires within the time the court fixes, not to exceed 45 days. If you apply for an extended order while the TPO is in effect, or at the same time, the TPO stays in place until the extended order hearing is held.
Extended Order
An extended order may be granted only after notice to the other person and a hearing. The hearing must be held within 45 days after the application is filed. If the other person has not been served and does not appear, the court may set a second hearing, and in some circumstances a third, if law enforcement could not serve them despite due diligence. Under NRS 33.080, an extended order lasts for the time the court fixes, up to 2 years, and the court must enter findings of fact supporting an extended order lasting more than 1 year. Either side may later ask the court to dissolve or modify an extended order based on changed circumstances.
How to File
The process in Clark County follows the statute and local court procedures, which can change, so confirm current details with the court or the Family Law Self-Help Center before you go. In general:
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Choose where to file. NRS 33.0195 allows filing in the county where you live, where you are temporarily staying to avoid the threat, where the other person lives, or where the act or threat occurred.
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Complete the verified application describing specific acts or threats, with dates and details. Be accurate and specific, because the judge decides the temporary order based on this document.
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File the application. The clerk must provide free information on the availability of orders, the filing procedure, and your right to proceed without a lawyer. Under NRS 33.050, payment of costs and official fees is deferred for an applicant, and the court assesses them against the other person after the hearing unless it reduces or waives them.
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Wait for the court's decision on the temporary order, due within one judicial day.
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Arrange for service. The other person must be served with the order and notice of the extended hearing. Law enforcement typically handles service of protective orders.
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Attend the extended hearing and bring evidence such as messages, photographs, medical or police records, and witness information.
The Nevada Supreme Court Self-Help Center and the Clark County Family Law Self-Help Center publish current forms and instructions. An attorney can help you prepare the application and evidence, and represent you at the extended hearing.
What the Court Can Order
Under NRS 33.030, a temporary order can enjoin the other person from threatening, physically injuring, or harassing you or a minor child; exclude them from your residence; prohibit them from entering your residence, school, or workplace or a place you frequent; grant temporary custody of a minor child if the court has jurisdiction; protect animals owned or kept by you or your child; and order other relief the court considers necessary in an emergency. An extended order can include all of that and also:
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Specify visitation arrangements for the other parent and require supervision by a third party if necessary
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Specify arrangements for the possession and care of animals
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Order the other person to avoid or limit communication with you or your child
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Order payment of rent or mortgage on your residence
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Order support for you or your child where the other person has a duty of support
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Order payment of your costs and fees and compensation for lost earnings and expenses from attending the hearing
Every order must state that responding to a communication initiated by the protected person may constitute a violation, so the person who is restrained cannot rely on the protected person's invitation to make contact.
Firearms and Penalties for Violations
Under NRS 33.031, the court may include in an extended order a requirement that the other person surrender, sell, or transfer firearms, considering factors such as a documented history of domestic violence and any use or threatened use of a firearm. Under NRS 33.0305, once an extended order is issued, the restrained person may not purchase or acquire a firearm while it is in effect, and violation is a category B felony. Violating a protective order itself is also a crime under NRS 33.100. Violating a temporary order is a misdemeanor. Violating an extended order is a misdemeanor for a first violation, a gross misdemeanor for a second, and a category D felony for a third or later violation, and each act may be prosecuted separately.
Protective Orders and Divorce
You do not have to be divorcing to get an order. NRS 33.040 provides that a temporary or extended order may be granted whether or not a divorce, annulment, or separate maintenance action has been filed, that the order is in addition to other civil or criminal actions, and that you are not barred from seeking an order because other proceedings are pending. The application may also be consolidated with another civil action if that would help prevent domestic violence. If you are considering ending the marriage, see our guides to divorce versus legal separation and our Nevada divorce FAQs. Orders that include support provisions can overlap with child support and spousal support issues, so it is important that the pieces of your case are coordinated.
Protective Orders and Child Custody
A protective order can affect custody in two ways. First, a temporary order can grant temporary custody of a child when the court has jurisdiction, and an extended order can set supervised visitation. Second, domestic violence is a factor in the custody decision itself. Under NRS 125C.0035, the court considers whether a parent has engaged in an act of domestic violence against the child, a parent of the child, or another person residing with the child. If, after an evidentiary hearing, the court finds by clear and convincing evidence that a parent committed one or more acts of domestic violence, there is a rebuttable presumption that sole or joint physical custody by that parent is not in the child's best interest, and the court must make findings that the custody or visitation arrangement adequately protects the child and the other parent. If both parents committed acts of domestic violence, the court determines, if possible, who was the primary physical aggressor. Our child custody guide explains the full best interests framework.
If You Have Been Served With an Order
Being served with an application or an order is serious, and the steps you take in the first days matter. Read it carefully and follow every term exactly, even if you believe the accusations are false. Do not contact the protected person, including by responding to a message they send. A TPO can be granted without notice, so the first hearing may be your first chance to respond. Under NRS 33.080, you may appear on 2 days' notice to the person who obtained a temporary order and move to dissolve or modify it, and you may move to modify or dissolve an extended order if circumstances change. An extended order issued by a justice court can be appealed to the district court under NRS 33.030. Do not discuss the case on social media, keep records of everything, and speak with an attorney before the extended hearing, because findings made there can affect your custody case and your firearm rights.
Other Types of Protective Orders
Nevada law provides separate orders in other situations covered by NRS Chapter 33, including orders against stalking or harassment, sexual assault, harm to minors, harassment in the workplace, and high risk behavior involving firearms. The Self-Help Center's protection order guide describes each type and who can apply, and it also explains how to change, cancel, extend, or enforce an order.
Protective order cases move quickly, and the outcome can shape your divorce, custody, and support case for years.
At Becker & Vail LLC, our family law attorneys work to advocate for clients in Las Vegas, Henderson, North Las Vegas, and Clark County whether they are seeking an order or responding to one.
In a protective order matter, we:
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Help you prepare a clear verified application and gather supporting evidence
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Represent you at the extended order hearing
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Coordinate the protective order with divorce, custody, and support proceedings
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Advise clients who have been served on their rights and the risks of violating an order
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Seek modification, extension, or dissolution of an order when circumstances change
If you need legal help with a protective order, the attorneys at Becker & Vail LLC are ready to talk through your options.
Contact Becker & Vail LLC today.
Email: information@beckervail.com
Office Phone: 702-209-0357
Assistance available in English, Spanish, and Hindi languages.
This page provides general information about Nevada protective order law and is not legal advice for your specific situation. Protective order cases involve urgent deadlines and individual facts that require personalized legal analysis. If you are in danger, call 911. Contact Becker & Vail LLC directly for guidance tailored to your circumstances.
Protective Order Nevada FAQs
How long does a temporary protective order last in Nevada?
A temporary order expires within the time the court sets, not to exceed 45 days under NRS 33.080. If an extended order application is pending, the temporary order stays in effect until the extended order hearing.
How long does an extended protective order last in Nevada?
An extended order lasts for the time the court fixes, up to 2 years. The court must enter findings of fact to support an extended order lasting more than 1 year.
Do I need to file for divorce to get a protective order in Nevada?
No. NRS 33.040 states that a temporary or extended order may be granted without regard to whether a divorce, annulment, or separate maintenance action has been filed.
Does it cost money to file for a domestic violence protective order?
Payment of costs and official fees is deferred for the applicant under NRS 33.050. After the hearing, the court assesses costs and fees against the other person unless it reduces or waives them.
Can a protective order affect child custody in Nevada?
Yes. A temporary order can grant temporary custody, an extended order can set supervised visitation, and a court finding of domestic violence by clear and convincing evidence creates a rebuttable presumption against sole or joint physical custody by the perpetrator under NRS 125C.0035.
What happens if someone violates a protective order?
Violating a temporary order is a misdemeanor. Violating an extended order is a misdemeanor for a first violation, a gross misdemeanor for a second, and a category D felony for a third or later violation under NRS 33.100.
ASSISTANCE
Becker & Vail LLC offers assistance in English, Spanish, and Hindi languages.
English
For assistance in English, please contact 702-209-0357 or send an email to information@beckervail.com.
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Si necesita asistencia en español, llame al 702-209-0357 o envíe un correo electrónico a information@beckervail.com.
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Email: information@beckervail.com
Office Phone: 702-209-0357