Due to COVID-19, we ask that all visitors to our office wear face masks and socially distance themselves, including during consultations. We are also available via video chat, phone, or email.

The Trusted Law Firm of Northern Nevada
no image

What types of provisions can be in a protective order?

Protective orders are very common in domestic violence situations. While they are meant to protect the alleged victim, they are fairly simple to acquire. This means that someone making false allegations of domestic violence can end up with a protection order against you that you are legally bound to follow until the hearing.

Depending on the situation, allegations and type of protective order, there are many different provisions that may be put in the order. One of the most common of these is the no contact provision. This tells the other party that they are not allowed to contact the party under the protection order. This includes both physical contact and digital contact. If this is part of your protection order, you will not be able to call, email or text the other party or show up any place you know that they are.

This is often used in combination with a stay away provision, which puts a certain distance between the two parties, such as 100 yards or 300 feet. If you know where the person works, for instance, you would be required to stay the distance noted in the order away from the building.

In domestic violence situations involving parties who share children, there may be a peaceful contact provision. This means that you are allowed to communicate with the alleged victim if it pertains to the care or visitation with the child and the communication is "peaceful."

This can be a dangerous situation for you if the other party is making false allegations, and it may be best to allow someone else to do the custody changes to avoid any issues. If this provision is in your order, it's also a good idea to talk with your Nevada attorney about what it means and how you should attempt to conduct coparenting duties.

Source: Findlaw, "Domestic Violence: Orders of Protection and Restraining Orders," accessed March 09, 2016