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 kinds of things can be included in a
T.P.O. or in an E.P.O.?
In a T.P.O., the judge can forbid your
abuser from making any further threats against you, or from
continuing to harass you or to injure you. The abuser can be
ordered to leave or not to enter your shared home for a period
of time. The court can prohibit the abuser from entering your
place of employment, school, church or any other specified
location. If the court has jurisdiction over your children,
it can award you temporary legal custody of them. The court
can also order relief that it considers necessary to deal with
an emergency situation.
In addition to the remedies listed above, an E.P.O. can include
the following types of relief:
Restrictions on the abuser’s ability to communicate with
you and your children; An award of custody and a requirement
that the abuser pay you child support; An order setting forth
visitation arrangements and requiring visitation to be supervised
by a third person if necessary; An order requiring the abuser
to make rental or mortgage payments for your home; or An order
requiring the abuser to pay all or part of the costs or fees
(including restitution for injuries) you have incurred in obtaining
the protection order.
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).
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If You Are Being Abused, There
Are Several Resources Available To Help You Break The
Cycle Of Violence. They Include:
Nevada Network Against Domestic
Violence
100 W. Grove Street, Suite 315,
Reno, NV 89509
Telephone (775) 828-1115
Fax (775) 828-9911
Information (800) 230-1955
Website www.nnadv.org
Provides a 24-hour toll-free hotline for persons who need
information about domestic violence issues, as well as
information about shelters, advocacy and support groups.
Committee to Aid Abused Women (CAAW)
Telephone (775) 329-4150 (24-hr hotline)
Fax (775) 785-7550
Provides a variety of services, including a 24-hour emergency
hotline; emergency shelter; emergency transportation, food
and clothing; crisis counseling and referral; support groups;
legal support and referrals; Protection Order Office at
the Courthouse; community education and outreach; job development;
preventive education and services through the Children’s
Program; and a transitional housing program.
Protection Order Office
Washoe County Courthouse
One South Sierra St., Third Floor,
Room 308, Reno, NV 89520
Telephone (775) 328-3468
Hours: 9a.m.—3:30p.m. Mon.-Fri.
Assists victims in obtaining temporary
protective orders and extended protective orders.
Confidential Address Program
P.O. Box 2743
Carson City, NV 89702
Telephone (775) 684-5707
(888) 432-6189 (toll free)
Fax (775) 684-5718
Web: www.secretaryofstate.biz/cap
Email: nvcap@sosmail.state.nv.us
Provides assistance to victims of domestic violence by
giving them a fictitious address to use for mailing, service
of process, state agency records, school registration records
and voter registration.
National Domestic Violence Hotline
Telephone
(800) 799-SAFE (7233)
(800) 787-3224 (TTY)
Provides a 24-hour hotline as well as information about
local resources that can assist victims of domestic violence.
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