How to Apply for a TPO in Nevada
Temporary protection orders allow victims of assault, child abuse, violence, harassment, or stalking to keep their abusers away. In Nevada, temporary protection orders are 45-day restraining orders that are issued without holding a hearing. Once a temporary protection order has been issued, applicants may apply for an extended protection order that lasts up to one year. The steps to receive a temporary protection order are as follows:
I. Fill Out Temporary Protection Order Paperwork
In Nevada, victims who wish to receive temporary protection must complete a TPO application. This application will recognize the victim as the “applicant” and the person that the victim believes they need protection from as the “adverse party”. In this application, the victim will provide their name and contact information, the adverse party’s name and contact information, and an explanation for why a TPO is needed.
II. File the Temporary Protection Order with the Court
Once the victim has completed the TPO application, they must file the paperwork with either the justice court for the town where the issue occurred or where the victim resides. The application should be filed with a court clerk, and while there is no set time on when the victim should file the paperwork, the earlier in the day that the person files, the more likely the judge will either grant or deny the application within the same day.
III. Judge’s Ruling on the Temporary Protection Order
A judge will review the victim’s TPO paperwork and will either grant the application and issue the TPO, set a hearing on the TPO application, or deny the TPO application. If the temporary protection order is issued, the court will serve the adverse party, and the TPO will be in effect for 45 days. When the judge sets a hearing on the TPO application, the court will mail a notice of hearing to the applicant and serve the notice of hearing to the adverse party. During the hearing, the judge will either grant the application and issue the TPO or deny the TPO. When a TPO is denied, the applicant is allowed to file a motion for the reconsideration of a new TPO.
IV. Apply for an Extended Protection Order
If a victim feels that their temporary protection longer needs to be extended for longer than 45 days, they may file an extended protection order application before the TPO expires. Extended protection orders last a year, but they can only be issued after an extended protection order hearing.
A temporary protection order can help prevent a person from being the victim of further abuse, harassment, or violence, however, there must be strong evidence and reasoning for the TPO. An applicant must be careful when filing a TPO, as the court will deny the application if any part of the paperwork is left blank or filled out incorrectly. Carlson & Work has extensive experience with temporary protective orders in Reno, Nevada, and can assist a victim with the process. Call Carlson & Work today at 775-298-6403.