When marriages and other forms of domestic relationships dissolve, feelings and actions can escalate to the point where one party feels unsafe around the other. This is when it's time to consider a TPO.
A Temporary Protection Order (also called a Temporary Restraining Order) is an expedited order enacted to protect an individual who believes she or he has been, or might become, a victim of domestic abuse, coercion, harassment / stalking, sexual assault, or (when acting on behalf of a minor) child abuse.
As the name implies, a TPO is temporary, and has a 45-day effective period in Nevada. The applicant is the person who files for protection, while the adverse party is the person whom the court will investigate for alleged acts of domestic violence.
For a TPO to be put into effect, sufficient evidence must be presented to the court, through a verified application, that an act of domestic violence has either previously occurred, or the threat of domestic violence exists. Once the TPO application has been acknowledged, the court has one day to rule on the matter. It's in the applicant's best interest to submit the TPO application in the morning for the best chance of it being ruled on that day.
Once submitted, a TPO application is reviewed by a judge and either approved or denied. In some cases, a TPO can be served to the adverse party without notice (known as "ex parte"). However, if the judge deems that the TPO requires the presence of the adverse party, both parties may need to appear before the court at a scheduled hearing to provide testimonies.
During the hearing, the victim has the burden of persuading the court that the adverse party posed, or continues to pose a threat. Trauma can be hard to re-live, and emotions do not carry weight like facts do. This is why we highly recommend hiring a Reno family law attorney to speak on your behalf.
In the event that the TPO request is approved, the adverse party will be served a copy of the document. During the 45-day effective period, the adverse party must abide by the TPO’s terms. This might include staying away from the victim or halting the harassment. If the adverse party violates the terms, they can face criminal charges. Additionally, if the applicant has reason to believe that the adverse party will continue their abusive actions beyond 45 days, an Extended Protection Order can be applied for.
An attorney is a vital resource during the TPO process. Jaymie Mitchell and her experienced team can help you, as the victim, provide the court with a satisfactory testimony demonstrating an act of domestic violence has occurred.
In Nevada, victims seeking temporary protection must complete a TPO application. This application will identify the applicant (victim), as well as the adverse party (abuser). The applicant will provide their contact information, the adverse party’s details, and the reasons / facts on why a TPO is needed.
The nature of the domestic abuser's relationship to you determines whether to file your TPO at the Justice Court or the Family Court.
File at Family Court if: The order pertains to sexual assault and you as the victim have a domestic relationship (i.e., related by blood, marriage, living together, child in common, or dating) with the adverse party.
File at Justice Court if: The order pertains to sexual assault and you as the victim do not have a domestic relationship with the adverse party.
Fill out and submit a Protection Order Application in-person at the Justice Court or Family Court, depending on the criteria mentioned above. A Judge will review your application and will grant or deny the order. The court clerk will notify you of the Judge’s decision. In the event that the TPO is not approved, the applicant can make a motion to have a revised TPO reconsidered.
The TPO process is arduous, and difficult to go through alone. Jaymie Mitchell is here to help strengthen your case and assist with navigating the judicial processes. We are experts in Temporary Protective Orders, and are sensitive to the difficult issues you may be experiencing. You deserve to work with someone who will advocate for you and properly represent the interests of you and your family.
Don't navigate the Temporary Protection Order process alone. If you’re looking for a caring family lawyer that will fight fairly and give you the best representation possible, schedule a consultation with Jaymie Mitchell Attorney at Law today.
The title of this blog may seem like an impossible challenge for some , especially if you are feeling blindsided or impacted by a separation. It also does not help to hear statistics about how more than 20 percent of first marriages end in divorce within five years, or that 48 percent of marriages end by the twenty year mark.
Throughout emotionally difficult events like divorce and separation, there are ways to navigate your future in a practical way with a lawyer who is ready to work with you:
Start looking at how things are going financially for you by gathering your tax returns and financial statements on all assets you own or debts you owe. Track your expenses and make sure to have a separate bank account and credit card in your name.
Checking your credit score is a wonderful way to help you get started on potentially building your finances. Helpful online resources like Credit Karma and AnnualCreditReport.com allow you to see credit standing and what can be improved. Gather these documents before meeting with attorneys to save billable hours.
At one point during the divorce proceedings, you will need to create a financial affidavit to file with the court. Fortunately, , a Reno divorce lawyer like Jaymie Mitchell can help you with the process and ensure accuracy.
Sometimes it might seem like friends and family are being supportive with their advice, but it might cause confusion and unnecessary stress. Looking for an attorney who specializes in family law is beneficial, and will walk you through the exact process you you will need to follow. The three primary processes are mediation, collaborative or traditional litigation. Each has benefits and drawbacks for selecting the right fit for your family’s unique situation.
Once you and your spouse reach agreement you will sign a Marital Settlement Agreement, which details in-length all the parameters of your divorce. It is important to be smart about how to enforce the agreement, especially if you have to re-title any assets or remove names from established wills and trusts.
Find out what you want for yourself and what your ex-spouse wants too to make the negotiation process easy. Working together to oversee any financial difficulties, if possible, is a great way to keep conflict low and find common ground. The more your Reno family attorney understands about what motivates your spouse, the better positioned you will be to negotiate what you want from the settlement.
Divorce can be a big source of stress and trauma for children, no matter how old they are. However, studies show that most children adjust well within two years following the divorce, while children with parents remaining in a high-conflict marriage have more problems than in those marriages that end in divorce.
During separation, parents should be supportive and keep children out of any conflict to prevent additional psychological and social problems. Children need time to cope with sudden change, and it can allow them enough time to process the change. Whether it is moving to a new home or a parent moving out, minimizing changes will be key.
Keep looking forward and be open to all possibilities for your future as you remain amicable and in charge of your emotions. If you have children, be sure not to make them choose a side or disparage ex-spouse when talking about the divorce. It is important to navigate through the personal and business aspects of your case while keep your feelings in check.
How much of your life and time are you willing to dedicate to your divorce? Making a clear choice is necessary when deciding how much to fight, negotiate, and settle. Every decision made will have financial, legal, and relational consequences for you, your spouse and your children. A psychologist, therapist or other trusted, yet impartial third party, can help with reaching a coordinated decision with less conflict. Psychologists also offer insight for children to cope better in the months and years following the divorce.
Lastly, these professional services help you to deal with your own emotions, help you reflect carefully on what went wrong in your marriage and can also help you avoid repeating any negative patterns in your next relationship.
For more information on how Jaymie Mitchell Lw can advocate for you and accurately represent your family’s best interests, connect with us. Jaymie has years of experience as a family law attorney. She has the passion and the desire to help you reach amicable resolutions. Schedule a consultation with Jaymie Mitchell today and learn more about her available services.
Divorce is hard for anyone at any age. It can be especially challenging for children to accept the fact that things in their family’s dynamic won’t be the same.
Clinical psychologists report that many children experiencing their parents’ divorce feel they might be the root cause.
In order to avoid distressing them, reassure your children they are still loved and your top priority is very important during this transition period.
Here are some tips for you as a parent to consider when discussing the impending divorce with your children:
Make sure to have a stable living environment, and in some serious cases, character witnesses to testify during a custody battle. Courts are not allowed to discriminate against a father in court, but mothers typically are awarded custody as they were the primary caregivers before a divorce. All in all, creating a plan with your divorce attorney in Reno NV to appear confident in court is the best route of action.
Make sure to take care of yourself as well, by seeing friends and family or joining a support group to discuss any difficult emotions you may be feeling as well. This will help you process things in a healthy way and let your children see this support system, too.
Jaymie Mitchell is one of the top family lawyers in Reno thanks to her expertise in divorce, custody support, and temporary protective orders. Custody terms can be mutually agreed upon by the courts and are truly in the best interest of the children.
Learn more about how Jaymie can help you handle these personal matters relating to the dissolution of marriage and child custody by scheduling a consultation today.
Bringing children into legal matters can be very difficult. It shouldn’t be a battle between you and your former spouse about who is responsible financially for your children. This is a common question we get when separated parents ask about Child Support. Jaymie Mitchell is one of the most trusted divorce lawyers in Reno, NV. As a veteran of family law in Reno, Jaymie can assist you in obtaining fair and appropriate physical and legal custody, in addition to any necessary support of your children.
Child support is a court-ordered payment, usually made by the parent who no longer has custody of the child.
In the case of child custody, the legal term for ‘custody’ is making parental decisions like school enrollment, extracurricular activities, medical needs, and other non-emergency needs for your children. The outcome of joint legal custody is typically the most common as it’s more collaborative for both parents to make these decisions.
A common form of custody is physical custody where children spend most of the time. It can be joint or primary custody with just one parent. This matters because a family’s home could be either safe or unsafe for the child.
With joint physical custody, the parents share an equal time with the children, but with primary custody, only one parent has the children with them more than sixty percent of the time. Overall, Nevada’s public policy ensures that both parents are active parts in their children’s lives and custody is determined for the child’s best interest. At such a critical time in your life, you need representation that matters most. Learn more here about what our divorce lawyers in Reno, NV, can do for you.
The state’s child support laws are now covered under the Nevada Administrative Code Chapter 425. In the state, both parents cover the costs of raising a child, from healthcare, education expenses. and support payments. As each parent contributes to the child’s well being, one parent (typically the noncustodial parent) actually makes child support payments. This setup is not meant to financially punish the higher earning parent but instead is for the benefit of the child and their standard of living after a separation.
The amount of a child support payment depends on the number of children, the gross monthly income of each parent and the custody arrangement. Courts also can adjust the amount of support depending on how fair it is for each party. Remember that child support is not set in stone, so both parents can argue in favor of any adjustments and why they might be necessary.
If the other parent already has an attorney, the case for child support/child custody can become complicated. Also, if there’s a need to modify your child support, you may need to speak with an attorney as well.
Jaymie Mitchell Law can even represent you at the District Attorney level. During this challenging time in your life, you deserve to have someone representing you and advocating for your best interests.
A consultation with Jaymie Mitchell will help begin the legal process. With the information you are given from our Reno family law firm, you will have an understanding of where your case is procedurally and understand what the legal process is specific to your case.
Look to Jaymie for effective legal mitigation concerning all matters of family. Schedule a consultation with our Reno divorce lawyers today.
Hello there! Welcome to the new site of Jaymie Mitchell, one of Reno’s top family lawyers. With her years of experience as a Reno family law attorney, Jaymie Mitchell handles dispute, divorce, and child custody cases across Northern Nevada with compassion and conviction.
As one of the top family lawyers in Reno, she will advocate for you with confidence to deliver a favorable outcome that represents the best interests of you and your family. Whether you need to negotiate a settlement agreement, file an uncontested divorce, or even go to court, she will help you solve your legal problems in a fast, effective manner. Let Jaymie help you reach amicable negotiations and resolutions easily and painlessly.
Jaymie is a native Nevadan dedicated to serving the Reno area. At the age of nine years old, she announced to her family that she would be a lawyer. She kept her promise and never strayed from her goal. She graduated from the University of Nevada Reno in the Spring of 1999 with a degree in Criminal Justice and went on to graduate from McGeorge School of Law in 2002. Today, Jaymie is a proud family lawyer specializing in high-asset divorce cases, temporary protective orders, paternity action, custody, and visitation. Along with being a passionate family attorney, she also enjoys researching historical documents, spending time with her son, and visiting Lake Tahoe.
Jaymie is a Reno attorney who has extensive experience with all aspects of family law. Below are the most common issues that Jaymie can assist you with.
For more information on how Jaymie Mitchell Law can help represent your family today, connect with us! Jaymie is a family lawyer with passion and the desire to come to amicable resolutions that benefit families in all aspects of their lives. Schedule a Reno family attorney consultation with Jaymie Mitchell today!