Domestic Violence Protective Orders

A restraining order form

Domestic violence is a dangerous element in a marriage that creates a life of fear, harms children, and sometimes ends lives. If you ask any law enforcement officer about their most dreaded dispatch calls, you will consistently get an answer of “domestic disturbance”. This is due to the volatile and unpredictable nature of the situation, and the big unknown of whether the perpetrator is armed. It often takes some sort of intervention for domestic violence to end. Amongst the most effective interventions is a domestic violence protective order.

Domestic Violence Protective Order, Explained

Nevada Revised Statutes Chapter 33 allows courts to grant protective orders for the benefit of numerous types of people against perpetrators of domestic violence. Amongst the people who can seek a protective order are spouses of a perpetrator—who can seek temporary or extended orders on their behalf or behalf of their children.

The domestic violence that qualifies for protection include:

  • Assault or battery;
  • Using the threat of force to compel a victim to act, taking away their choice whether to perform the act;
  • Sexual assault;
  • A “knowing, purposeful, or reckless course of conduct intended to harass the other person”, including stalking, trespassing, destruction of property, animal cruelty, or carrying a concealed weapon without a permit;
  • False imprisonment;
  • Unlawful or forcible entry.

What is In the Order?

A protective order can be filed with, or independently of, divorce proceedings. Courts take domestic violence very seriously and take actions necessary to protect adult and children victims. For an emergency (temporary) order, the court may enter some of the following orders:

  • Stay away orders from the victim’s residence, school, place of employment, or other places frequented.
  • Enjoin the perpetrator from threatening, injuring, or harassing the victim.
  • Grant temporary custody of children.
  • Enjoin the perpetrator from threatening or harming animals.

For an extended order, a court may extend the temporary orders, but also:

  • Specify the arrangements and terms of child visitation or animal possession.
  • Order child support.
  • Order rent or mortgage payments.
  • Prohibit the possession of a firearm or require the perpetrator to surrender or sell their weapons.

Trust Viloria, Oliphant, Oster & Aman L.L.P. to Fight for You

At Viloria, Oliphant, Oster & Aman, L.L.P. our attorneys take domestic violence with the utmost seriousness. If you are considering proceeding with a divorce or exploring a child custody issue where domestic violence is at issue, you need to speak with an attorney. Whether you are a victim or have been accused of domestic violence, you have legal rights and need a family lawyer who will fight for you. Let us help. Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 227-2280 to schedule a consultation or contact our office through our website.

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