Restraining orders, called orders of protection in Nevada, are meant to protect persons against violence or the threat of violence.
Las Vegas’ Just court authorizes protective orders against stalking and harassment in Clark County. The District Court Family Division issues protective orders against domestic violence. The stalking and harassment must be a repetitive action happening more than one time.
The Clerk of Courts at Clark County Courthouse at 500 S Grand Central Pkwy can provide the appropriate forms which includes an affidavit, defendant worksheet and victim worksheet.
The most recent threat, or violent incident, must be completed using descriptive language and specific words.
Applying for a Restraining Order or Order of Protection
A person can apply for a protective order against:
- Stalking and harassment,
- Harassment in the workplace,
- Protection from sexual assault, or
- Protection against harm to children (minors)
The applicant for a protective order must include, with the application:
- A photo ID,
- Complete and accurate address(es) of where the accused is to stay away from, and
- The address of the person whom the protective order is against
Be sure to provide any supporting documentation such as medical or police reports.
Once the restraining order paperwork is filed with the clerk in Las Vegas, the clerk will file it with the judge who may allow a temporary order based on the application. The judge may choose to grant an “ex parte” hearing where you can explain why you fear the defendant and the need for a temporary protective order, especially in cases of domestic violence.
The temporary restraining order (TRO) will be valid for 30 days or until a hearing for an extended protection order is held.
When application for an extended order is made, the court sets the hearing date and the defendant is served with the hearing date by an officer of the court.
Within 48-hours of receiving notice, the defendant is allowed to request the hearing be held sooner than planned. If so, then you may be given a new date for the hearing.
Attend the Restraining Order Hearing
Nevada law requires the hearing to be held within 45 days of the filing of the application. At the hearing, you will have to convinced the judge you feel you are in danger.