What is domestic violence?
Under Nevada law, domestic violence occurs when a person commits one of the following acts against or upon his spouse, former spouse, any other person to whom he is related by blood or marriage, a person with whom he is or actually was residing, a person with whom he has had or is having a dating relationship, a person with whom he has a child in common, the minor child of any of those persons or his minor child: • Battery • Assault • Compelling the other person by force or the threat of force to perform an act that the other person has a right to refrain from performing or to refrain from performing an act that the other person has the right to perform • A knowing, purposeful or reckless course of conduct that is intended to harass the other person. Such conduct may include, but is not limited to, stalking; arson; trespassing; larceny; destruction of private property; or carrying a concealed weapon • False imprisonment • or Unlawful entry into the other person’s residence, or forcible entry into the other person’s residence against their will if there is a reasonably foreseeable risk of harm to the other person from the entry. (NRS 33.018(1))

A “dating relationship” refers to frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. It does not include casual relationships or ordinary associations between people in a business or social context. (NRS 33.018(2)).

Can I get a court order to keep an abuser away from me?
Yes. To apply for an Order of Protection, you can go to the TPO office of the Washoe County Courthouse, One South Sierra Street, Room 308, Third Floor, Reno, NV 89520, telephone number (775) 328-3468 between the hours of 9 a.m.-3:30 p.m. Monday- Friday. Once you are there, you will fill out a verified written application application. A Protection Order Advocate can assist you if necessary. You will be interviewed by a Protection Order Advocate, who will conduct the initial screening of your case. After speaking with the advocate, you will be interviewed by either the hearing master or the judge, who will decide whether or not a temporary protection order should be issued. The court must either grant or deny your application within 24 hours, not counting weekends and holidays. (NRS 33.020). A T.P.O. can only be granted if the hearing master or judge finds that there is good cause to grant the order without first notifying the person who has been abusing you. If a T.P.O. is granted, it can last for up to 30 days.

If a T.P.O. is granted, you should obtain several copies of the order for yourself. You should also file a copy of the order with the Washoe County Sheriff’s Office, 911 Parr Boulevard, Reno, NV so that it can be served on the person who has been abusing you.

Although Nevada law mandates arrest by a law enforcement officer who has probable cause to believe that an order of protection has been violated or who witnesses a violation, an officer will not arrest an abuser who is subject to an order of protection if the abuser has not received notice of the order. (NRS 171.137). If an arrest is made under NRS 171.137, the abuser will not be able to bail out of jail for at least twelve hours.

Can I get my T.P.O. extended?
Yes. Although it is up to the judge whether or not and for how long to extend a T.P.O., a T.P.O. can be extended for up to one year. This is called an Extended Order of Protection (E.P.O.). The abuser has to be notified of your application for an E.P.O. If you apply for an E.P.O., your T.P.O. will remain in effect until a hearing is held to determine whether you should be granted an E.P.O.

What if the abuser violates my T.P.O. or E.P.O.?
Violation of a T.P.O. or E.P.O. is a misdemeanor that is punishable in civil court by a $500 fine and up to 25 days’ imprisonment, or in criminal court by a $1000 fine and up to 6 months’ imprisonment. If a crime is committed, the abuser could face additional criminal penalties. (NRS 33.100).