TPO Lawyer in Reno, NV

Temporary Order of Protection in Nevada

What is a TPO?

 A Temporary Protection Order: a legal court order, which is temporarily put in place, to protect those who are victims of domestic violence. (N.R.S. 33.017)

Domestic Violence: physical, sexual or psychological violence between those, in or previously in, a dating relationship; spousal relationship; blood relationship; parent/minor child relationship; or legal guardian of a minor child. (N.R.S 228.030)

What are the laws governing a TPO?

The laws governing a Temporary Protection Order are in place for any domestic violence relating to the following persons: a spouse or former spouse; any person related by blood or marriage; any person currently or previously involved in a dating relationship; any person whom share a child in common; the minor child of any of those persons; or the persons minor child or any other person who has been appointed custodian or legal guardian of the persons minor child. (N.R.S 33.018)

What acts constitute domestic violence?

 a.) Battery

b.) Assault

c.) Compelling the other person by force or threat of force to perform an act from which the other person has the right to refrain or to refrain from an act which the other person has the right to perform.

d.) Sexual assault

e.) A knowing, purposeful or reckless course of conduct intended to harass the other person. Such conduct may include, but is not limited to:

  • Stalking
  • Arson
  • Trespassing
  • Larceny
  • Destruction of private property
  • Carrying a concealed weapon without a permit
  • Injuring or killing an animal

f.) False imprisonment

g.) Unlawful entry of the other person’s residence, or forcible entry against the other person’s will if there is a reasonably foreseeable risk of harm to the other person from the entry.

 (N.R.S. 33.018)

 How do you get a TPO?

 In order for a Temporary Protective Order to be granted, the court must receive satisfactory facts submitted through a verified application, that an act of domestic violence has either previously occurred, or the threat of domestic violence exists. The court may order either the applicant, adverse party, or both, to appear before the court before determining to grant the temporary order of protection. However, a temporary protection order may also be granted to the applicant without notice to the adverse party. This is referred to as an ex parte proceeding. Once the TPO application has been submitted and filed, the court shall rule on the order within (1) judicial day. (N.R.S. 33.020) From the time the TPO is served, it can not last longer than 30 days, unless the judge orders otherwise.(N.R.S. 33.080)

 How do you defend a TPO?

Temporary Protective Orders can be very tricky, and they can cause you to lose many of your rights as a parent/guardian. Additionally, they can have consequences which you may not immediately understand. If a TPO is filed against you, you may have certain rights taken away, such as: not being able to enter your home (even if you own it); you may not be able to enter your children’s school; may not be able to enter the applicants workplace; you may not be able to purchase a firearm; you may have to forfeit your previously purchased firearms; it can prevent you from selling your home; and can even prohibit you from taking your child out of certain jurisdictions.

Why you need a Family & Defense Attorney when seeking or defending a Temporary Protection Order in Reno, NV

It is important to have representation, who will fight for your legal rights, and who has expertise from both sides of the judicial system; prosecution and defense. Mathew Work and Work Law will offer you the best legal counsel in Reno. When it comes to family law, you couldn’t have a better attorney in your corner. Mathew Work’s previous experience as a criminal prosecutor will give you the upper hand in your case and will work diligently to ensure you are represented justly in your case.

Work Law’s Attorneys will make sure you understand your rights and the consequences of a TPO before a restraining order is placed against you. If you find yourself as the defendant in a TPO, do not voluntarily let the order be placed against you. This could potentially have dire consequences. Let Mathew Work and Work Law represent you in family court before many of your rights are forfeited. If you voluntarily allow a TPO to be filed against you, you may be: ordered to leave your home; prohibited from seeing your children; ordered to pay child support; unable to own a firearm; disqualified from future employment and educational opportunities, due to having a restraining order on your record. Work Law will look at the circumstances surrounding the TPO being filed against you and will determine the best defense in your case.

 

 

 

How to File for a Nevada Divorce

Filing For Divorce In Nevada

Divorce in Reno, NVIn order to file for divorce in Nevada, you must live in Nevada for at least six weeks and plan to remain in Nevada before filing for a divorce. If you are in the military or are a resident outside of Nevada you may still file for divorce as long as the defendant/spouse lives in Nevada. Divorces cases may include the following factors: child custody, child support, alimony or spousal support. Other things to consider while filing for divorce is the splitting up of property, finances and other investments. Mathew Work, a Nevada lawyer, can help you file for divorce and help keep your best interests in mind. He and his firm continually rank as one of the best family law and divorce firms in Reno, Nevada.

Ground For Divorce:

There are a few grounds for divorce, no-fault and at fault divorce. In Washoe County, a no-fault divorce is when the wife and husband have lived separated or apart for one year. This does not include cohabitation which is separation but still living in the same house. At the discretion of the court, an absolute decree of divorce may be granted. An at-fault divorce is when one party was considered insane at least two years prior to the commitment of marriage. Corroborating evidence must be presented to the court in order to proceed with an insanity plea.

Alimony In Nevada:

Alimony and child support are on a case to case basis on how much someone has to pay to the other party. Child support can help pay for childcare, insurance, special needs education (e.g. speech or therapy needed to help benefit the child), transportation to visit the other parent and basic needs like food, clothing, and shelter. Property and other assets may need to be divided. All these issues must be resolved or agreed upon before a judge signs the Final Decree of Divorce and it is filed placed in the District Court Clerk’s office. A new marriage cannot take place until this is completed. If you are in Need of a Divorce Attorney, please contact Work Law today to speak with Rebecca Carlson or Mathew Work. They both have been voted one of the top five best divorce, family and criminal defense attorneys in Reno.

There are Many Types of Divorce in Nevada

  • Complaint for Divorce
  • Joint Petition
  • Marriage Settlement Agreement
  • Spousal and Child Support
  • Asset Retention

When you retain Work Law you will have a dedicated divorce attorney by your side to handle filing your divorce. We approach our clients with compassion and empathy. At Work Law, we always consider our client’s goals first. We then fight for our clients with every legal alternative available.

How can I make divorce easier for my kids?

 Nevada Family Lawyer - Make Divorce Easier for Kids

Watching parents fall out of love and end their relationship creates uncertainty in the household, no matter the child’s age. And when parents move into separate households, children are tasked with adjusting to life without the presence of both parents each day.

Fortunately, there are ways to make divorce easier on your kids.

Let them know both parents love them unconditionally – Your children might feel like the divorce is their fault. Reassure them it is not and both you and your spouse love them.  

Be the adult – Your children need nurturing and your role is to help them through this process. Hopefully you have a support system in place to nurture you when you need it.

Be a good listener – Pay attention to your children’s emotions and encourage open communication.

Be mindful of transitions – Children are already adjusting to two homes and finding their “new normal”. Avoid unnecessary change to reduce your child’s stress.

Communicate with your ex – This isn’t easy, but it helps if you can forgive your ex at some level. Pick up and drop offs should be cordial. Your children should see both parents as pleasant as possible toward one another.   

Don’t talk poorly about the other parent – Making negative statements about your ex in front of your children is not healthy. In fact, it may harm your child’s sense of self-worth. If you have something to say to your former spouse, contact them directly and keep children out of it.

Why do I Need a Divorce Attorney?

 Reno, Nevada divorce attorney

When a marriage is ending, it can be emotional and overwhelming. How the divorce is handled will impact your life and your children’s life long after the divorce is final. Asking yourself questions like “do I need to hire a lawyer?” and “can I represent myself in court?” are valid concerns. 

We recommend talking with an attorney about your legal options before beginning the divorce process or immediately after finding out about the divorce if you are on the serving end. Learning how the divorce process works can give you peace of mind. A divorce attorney can advise how to protect your rights and interests, especially if your spouse is likely to disagree with your requests.

Unless your marriage lasted a very short time, you and your spouse have minimal assets, and you and your spouse do not have children, you should seek legal representation. Skilled legal representation will help protect your assets and property, child custody, and support needed for both you and your children. Most divorces are not so simple. For those representing themselves, it’s common to overlook legal issues like taxes, division of retirement assets, allocation of debts and other issues.

Nevada Divorce Lawyer

A Nevada divorce lawyer will help you identify these items and ensure your divorce settlement addresses all legal disputes.  For more information, contact Work Law for a free consultation or read more about the divorce process.

How to File for Divorce in Nevada

 Nevada Divorce Attorney

Divorce is not easy, but the process is relatively straightforward. In this article, we will provide an overview of the divorce process and what to expect. 

To file in Nevada, either spouse must have lived in Nevada for at least six weeks. Filing must occur in the county the parties lived in when they were married or the county one of the parties currently resides in. Since Nevada is a no-fault divorce state, the party filing for divorce will choose the reason for divorce as either incompatibility or living apart for at least one year. 

If both parties agree on all issues related to the divorce, you can file a Joint Petition. In this case, the following documents are required:

  • Decree of Divorce
  • Affidavit of Resident Witness
  • Certificate of Service or Waiver, and
  • Child Welfare and Identification Sheet

If the parties do not agree to all issues surrounding the divorce, the party will file a Compliant for Divorce. In this scenario, a Summons must also be filed.

Depending on the details of the divorce, other documents may be required. Once all appropriate forms are completed, the party filing will take the required number of copies to the clerk of court’s office. 

Nevada law requires the filing party to serve the documents to the other party, an action called the Service of Process. The other party has 20 days to file a response. If both parties reach a divorce agreement before the case moves forward, a settlement agreement can be presented to the court. Settlement allows the parties more control over their case and saves money. 

 

Experienced Family Law Attorney

If you are the filing party or were just served divorce papers, contact an experienced divorce attorney. Work Law will assist you through the process to give you peace of mind during this time of stress.

 

What is Divorce Mediation?

 Divorce mediation law reno, nevada

Mediation is an informal intervention between two parties to resolve disputes and reach an agreement. The process is facilitated by a trained third party, called a mediator. It is often used in legal matters as a cost-effective alternative to litigation.

The same method is used in divorce. Divorce mediation may be suggested to you and your spouse when going through a divorce. In this situation, both you and your spouse will attend a mediation session with an independent mediator to discuss issues relevant to the divorce. Issues may include child custody, child custody and alimony. The intent is to work through those pain points and reach an agreement amicably without having to go to court.

 

Reno Family Lawyer

Contact our law firm by phone at 775-386-2226 to speak with an experienced Family Law attorney.  Work Law will help you decide if divorce mediation is an appropriate option for your case.

 

Grandparent Visitation Rights

 Grandparent Visitation Rights Attorney

Did you know under rare circumstances grandparents have rights to visit grandchildren? The court may allow visitation to a child’s grandparents if:

–        Parental rights have been terminated

–        The parent was never legally married to the other parent

–        The parent is separated or divorced from the parent with child custody

–        The parent is deceased

 

If a parent denies, or unreasonably restricts, a grandparent’s right to visit their child, Nevada law presumes that is in the best interest of the child. However, with clear and convincing evidence, Nevada court will consider grandparents visitation rights that are in the best interest of the child. 

The court will determine the child’s best interest by considering the following factors:

–        The grandparent and child relationship  

–        The grandparent’s mental and physical health

–        The child’s preference for visitation

–        The financial support and emotional support provided by the grandparents

–        The grandparent’s ability to provide child with material needs like health care, food, and clothing

 

Nevada Family Law Attorney

Every family is different. If you have been denied visitation rights, seek an experienced family law attorney. The process for determining the best interest of a child is complex. Contact Work Law today so we can help you regain your relationship with your grandchild.

Do you have a right to Alimony/Spousal Support?

 Spousal support and alimony attorney reno, nv

Alimony, or spousal support, is a court-ordered payment made from one party to the other party after divorce. Its purpose is to provide financial support for the party who was not working or earned substantially lower income than their spouse. State laws vary on how alimony is paid, but in Nevada is it typically paid in regular payments. Depending on the length or marriage and financial position of the divorcing couple, spousal support allowances are determined by the Court (NRS 125.150).

Nevada courts recognize three types of alimony or spousal support that may be awarded to either party in a divorce case.  

Types of Alimony

–        Temporary – Temporary alimony is awarded during the divorce proceedings and is intended to help cover short-term living expenses.

–        Rehabilitative – Rehabilitative alimony is also awarded short-term. It is meant to give the receiving party time to adjust financially to their new lifestyle and become self-supporting. This support is typically used to develop work skills, take trainings, and earn credentials.

–        Permanent – Permanent alimony is paid to the receiving party of long-term marriages. This type of alimony is granted when temporary alimony is not sufficient and rehabilitative alimony is not reasonable. Typically, the receiving party’s age and ability to work is an important factor. Permanent spousal support is paid until death of the payor or the receiving party is remarried.  

For the Court to consider spousal support, one party must have a genuine need for financial support after divorce, and the other party must have the funds to support it.  The Court will consider the following factors of each individual when determining whether or not to grant alimony and in what amount (NRS 125.150(9)): 

– financial position

– value of property

– contributions to any property

– duration of marriage

– income and earning capacity

– age and health

– career history before the marriage

 

Reno Alimony and Spousal Support Attorney

Whether you need solid legal representation to help secure alimony, or if you are faced with undesirable spousal support payments, we can help. Our spousal support attorney will take a tailored approach to your family law needs and will advocate your rights. Don’t wait until it’s too late. Contact our office today at 775-386-2226 to schedule a free consultation.

Joint Petition Divorce in Reno

 Joint Petition Divorce

If you need a divorce in Nevada, a joint petition may be a good place to start. 

Joint Petition Divorces in Nevada

Agreeing on divorce parameter as spouses make the whole divorce process simpler and faster in Reno. Sometimes you may not even need a family lawyer. Your divorce papers detailed or not ought to act in accordance with Reno NV divorce law. Uncontested divorce cases require the services of an uncontested divorce lawyer. This will help prevent future problems that arise from mistakes made in uncontested divorce cases.

Why you need help in uncontested divorce case

You are likely to pay a high price for the slightest mistake in an uncontested divorce case in the future. This is why it is imperative to make right decisions in regard to child support, child custody among others. The terms should be fair and acceptable by both of you and in accordance to Reno NV divorce law of course.

Don’t underrate any of the agreements or assume that it is not necessary to formalize them on grounds that you trust your ex-spouse to be. Remember that you are only sure about today and tomorrow is always a mystery. Here are the things you should not joke around with during the uncontested divorce case;

  • Your children; at least hire a family lawyer to provide you with a clear and all-inclusive parenting plans. A lawyer will help you understand your responsibilities and rights when it comes to your children `
  • Property division; in as much your spouse has no objection, it is important to include an attorney who will help you on debt and asset sharing during the divorce. This entails valuing assets, for instance, real estate, retirement benefits as well as business.
  • Alimony; taking time during the divorce, in order to come up with alimony terms is worth the wait. This entails the amount of money to be sent and when as it prevents future dispute.

In Nevada, an uncontested divorce law requires that spouses create a complete divorce settlement that suits all the needs of the spouses.

Understand the process of filing a joint petition

Here are some of the crucial issues on which both parties are supposed to agree in a joint petition.

  • Reasons for divorce
  • In case of children under age 18, there should be agreement on child custody, child support, medical insurance, visitation and the holiday schedule.
  • Community property and debt division.
  • Alimony condition

During the divorce process, at least you should include a third party. Such an individual will be a witness of a complete divorce process and see to it that you have all signed the agreements.

A joint divorce petition should be filed in the court within your country. Your petition packet ought to entail the following divorce joint petition; resident witness affidavit, the cover sheet and a Child Welfare Identification Sheet in cases where the couple has kids.

After that, you people should give the judge handling your case a copy of the filed documents as well as original divorce decree.

Divorce decree should have the agreements of the parties in regard to child’s support, visitation, division of property and debts, alimony and custody.

The divorce decree should only be filed after bearing the judge’s signature. After it is signed by the judge, go ahead and file with the clerk at your nearest court.

Finally, uncontested divorce cases are less stressful though you need to do everything right and within Reno Nevada uncontested divorce laws.

Call today for a free Family Law case evaluation. 775-386-2226 

Children’s Online Bullying is a Crime

 Child Cyberbullying in Nevada Criminal Charge

It’s no secret we were raised in a different world than our kids. Children are often introduced to technology before using full sentences. By time they reach kindergarten, some children are more skilled on their iPad’s and Surface’s than their grandparents. What starts off as an innocent entertainment device, may be a vehicle for bullies to harass or humiliate other students in the middle school and high school years.

In Nevada, Cyberbullying is Defined as Bullying Committed through the use of Electronic Communication.

 

Examples of cyberbullying include:

–          Creating a hostile environment which interferes with the victim’s education

–          Exposing humiliating acts of the victim online

–          Poses a threat of immediate harm to the victim or to the property of another person through email, text message, social media, etc.

–          Hacking social media sites and posting embarrassing video, photo or text

 

Is your child the victim of cyberbullying?

Help for Victims

Bullying, through electronic means or not, can have long-term emotional effects on victims. If your child is a victim of bullying, seek help. File a complaint at the student’s school. Washoe County schools create a safety plan for each student directly involved and will contact the parents with an update. You can also go to bullyfreezone.nv.gov to report an incident and learn more.

 

Was your child cyberbullying another?

Depending on the act of cyberbullying, a person can be charged with one of the following crimes:

–          Civil right violation

–          Criminal harassment

–          Terroristic threats

–          Domestic Violence

If the offender is under 18 years old, he or she may be charged in juvenile court. If the offender is over 18 years old, the case may be treated as a misdemeanor. 

Nevada Family Law Attorney

While Nevada considers Cyberbullying a crime, there is potential conflict with the First Amendment. If harassing behavior is causing the victim to endure emotional stress, retain an attorney experienced in criminal law and First Amendment rights.  

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