Introduction
A restraining order, also known as a protective order, is a legal document that prohibits a person from contacting or coming near another person. In Nevada, restraining orders are commonly used in situations where there is domestic violence, stalking, or harassment. One may ask, how do I get a restraining order in a Nevada Divorce? In this article, we will be discussing the process for obtaining a restraining order in Nevada divorce.
Types of Restraining Orders in Nevada Divorce
There are three types of restraining orders in Nevada divorce: Temporary protective order, extended protective order, and permanent protective order. Each of these orders has its requirements and lengths.
Temporary Protective Order: This type of order is granted as an emergency response to protect a victim from immediate harm. It lasts for up to 30 days unless the court extends it.
Extended Protective Order: This type of order lasts for up to one year and is granted after a hearing. It is issued against an individual who has committed acts of domestic violence, stalking, or harassment against another person.
Permanent Protective Order: This type of order is granted if the court determines that the threat of harm to the victim is significant enough to warrant permanent protection.
Filing Requirements for a Restraining Order in Nevada Divorce
To file for a restraining order in Nevada divorce, the petitioner, the person seeking the order, must file a petition in the county where the alleged abuse occurred or where the abuser resides. The petitioner must provide the court with specific information about the alleged abuser and the harm they have caused to the petitioner. It is worth noting that restraining orders are only available to spouses, former spouses, persons related by blood or marriage, parents, children, and people who have lived together within the past year.
Hearing for a Restraining Order in Nevada Divorce
After filing the petition, the court will schedule a hearing to determine whether to grant the restraining order. The respondent, the alleged abuser, will receive notice of the hearing and may appear with an attorney.
During the hearing, the petitioner must prove that they have been the victim of domestic violence, stalking, or harassment by the respondent by providing evidence such as photographs, medical records, or witness statements. If the court grants the restraining order, it will contain specific provisions regarding the abuser’s behavior, such as prohibiting the abuser from contacting the petitioner or coming within a certain distance of the petitioner.
Conclusion
In conclusion, restraining orders in Nevada divorce are an essential part of protecting yourself against domestic violence, stalking, or harassment. It is crucial to know that the process for obtaining a restraining order requires specific documentation and can be complex. Consulting with an experienced attorney can help you navigate the process and ensure that you receive the protection you need to move forward safely.