After allegations of domestic violence or domestic abuse, the victim can file for a protective order against the other party. These orders, also called restraining orders, can limit the interaction between the two people involved. However, it could also create other significant restrictions.
Any time a person violates the order, whether or not it was intentional, he or she could face criminal charges. Although a violation is a misdemeanor, it still could have significant impact on a person's social life and career. Fighting the protective order and any accusations of a violation are critical to protecting your future.
Violating a protective order can have serious repercussions. If you have been accused of doing so, contact a skilled Las Vegas protective order violation lawyer at The Law Offices of Jeffrey Jaeger. These allegations often result from the other party in the order. Jeffrey can use his knowledge to challenge the evidence against you.
Call (702) 816-3888 to schedule a free initial consultation to learn more about your options. The Law Offices of Jeffrey Jaeger represents clients throughout Clark County, including those in Las Vegas, North Las Vegas, and Henderson.
After instances of domestic violence in Nevada, the victim can seek a protective order against the person who allegedly abused them. A temporary order could be granted if it appears to the court that domestic violence or a threat of it occurred, according to Nevada Revised Statute 33.020.
A temporary order may be granted with or without notice to the adverse party. The order typically does not last longer than 30 days from the date in which it was served. Some of the restrictions in the order, according to Nevada Revised Statute 33.030, could include:
Contact and communication could be limited between the applicant and the person noted in the order. Additionally, the court could impose any other measures it deems necessary if the situation is considered an emergency.
The applicant can seek an extended order if he or she feels protection would be needed past the temporary order. An extended order may only be granted after notice to both parties and a hearing on the application. The hearing must be held within 45 days of the application.
An extended order could last up to one year from the date in which the extension was granted. The restrictions could include some of the same that were listed in the temporary order as well as specific visitation requirements for a minor child of the two parties and arrangements for the care of a shared animal.
The court may include the requirement that the alleged offender surrender, sell, or transfer any firearm in his or her possession if an extended order is granted, according to Nevada Revised Statute 33.031.
This restriction could be added if the person has a history of domestic violence, has used a firearm to harm or injure the victim or his or her minor children, or used a firearm in the commission of a crime. However, there could be a few exceptions to the requirement. If an order is placed against you, it is important to know what constitutes a violation.
Every temporary or extended order of protection must include a provision allowing law enforcement officers to make an arrest at any time even without a warrant if he or she has probable cause to believe a person violated the order, according to Nevada Revised Statute 33.070.
If a law enforcement officer cannot verify the person was served with a copy of the protective order, according to state law, the officer then must:
If a person is arrested for violating the order, he or she may not be admitted to bail sooner than 12 hours after his or her arrest, according to Nevada Revised Statute 33.030. This could apply if he or she threatened the applicant or the person has previously violated a protective order. This notice must be included in a temporary or extended order.
Additionally, if the person has an alcohol concentration of 0.08 or greater in his or her blood or breath at the time of the violation or within two hours after the violation, he or she could be held for 12 hours. This could also apply if there is a certain amount of a controlled substance detected in the person's blood or urine.
When a person is accused of violating a protective order, he or she could face serious criminal charges. The charges and the penalties associated with them vary based on how the person allegedly violated the order.
Any person who intentionally violates a protective order could be charged with a misdemeanor offense, according to Nevada Revised Statute 33.100. This is punishable by up to six months in jail, up to $1,000 in fines, or both.
If a person commits another crime while violating the protective order, he or she also faces penalties for that crime. For instance, if a person violates the order by harassing the applicant, he or she could face charges and penalties for that offense.
If you have been accused of violating a protective order in Nevada, you could face serious consequences. Contact a knowledgeable and dedicated protective order violation lawyer at The Law Offices of Jeffrey Jaeger. Jeffrey can help you protect yourself against the allegations, no matter the situation. Call (702) 816-3888 to schedule a free consultation.
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