Violation of Restraining Orders in Nevada
Restraining orders in Nevada are court-issued mandates that protect victims from their abuser or from other people that are deemed harmful to them. Usually, in Nevada and the rest of the States of America, restraining orders indicate the measure of distance an abuser should have away from the victim or other instructions like not contacting or trailing them. If they go beyond these ground rules and get close to the victim, it is a clear violation of restraining orders which of course brings certain criminal consequences. Proceed reading this article to learn more.
Different restraining orders in Nevada
People apply for restraining orders in Nevada against other individuals for a variety of reasons. Some of the common ones are repeated domestic violence, stalking, and overall harassment. Filing for one is generally easy but it is the process that could be tricky. If the person feels like they are in immediate danger, they can go to the court to appeal for a restraining order.
There are two types of restraining orders. First is the Temporary Protection Order and the Extended Protection Order. Like its name, the Temporary Protection Order is only effective for a definite amount of time which is 30 days. It also can be a no-notice type of order where the one being restrained will not know of its process and implementation until the person who applied for it tells him or her.
An Extended Protection Order, on the other hand, can last up to a year and will need the adverse party or the one being filed a restraining order against to show up in court to know when the order will be served.
These two characteristics of a restraining order in Nevada that could very well apply to the restraining order that you would be having depending on your situation. There are restraining orders in Nevada available for cases such as domestic violence, sexual assault, workplace harassment, stalking, and child abuse.
If you have a restraining order against you, understand that your life is going to change. The first thing you need to know is that you might have to stay away from your loved ones by leaving home and not going to other places they go to. Restraining orders also work across different states so you still cannot go near anyone that is covered by the order. You also cannot purchase firearms or sell properties that are owned by marital property or other protected people.
Penalties for violation of restraining orders in Nevada
The punishments imposed when there is a violation of restraining orders in Nevada depend on the kind of crime it was applied to. It is misdemeanor when the violation of restraining orders (whether it was a temporary or extended protection order) was done in the grounds against domestic violence and harassment in the workplace.
While it is gross misdemeanor if it is temporary order protection but is filed against stalking, sexual assault, child abuse, and harassment. Moreover, a category C felony shall be enforced when the order violated was an Extended Protection Order. This constitutes one to five years in prison and up to $10,000 in fines.
Humans are susceptible to error and the Nevada court knows that so if you were caught violating restraining orders, expect that the court will probe if there really is intentional or not. Still, you need to have a concrete defense to further nudge the court to a decision favorable to you. Such defenses that you can use is that you are unaware that the person is in the place where you are or the restraining order was not properly served in the first place.
If you find yourself accused of violation of your restraining orders, know that a Las Vegas criminal defense attorney can help you understand why you are being restrained and what you can do if you have violated it without ill-intentions. Restraining orders are a serious matter and you should take its legal affairs with patience and ample knowledge so you would come out well in the end.