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.