Being named in a protective order (also called a restraining order) can be frustrating and even infuriating. A respondent (the person named) may believe law enforcement, the court and the person who got the protective order (the petitioner) are overreacting. Nonetheless, it is critical to understand what a protective order requires and the consequences of violating it. Being accused of violating a protective order may make a bad situation worse.
Typically, protective orders are issued in response to alleged domestic violence. An order generally requires a respondent to stay a specified distance from the petitioner. This usually includes their home (even if the two share a home), workplace, school and other locations they’re likely to be. There may be other requirements of a respondent, such as giving up their firearms.
Generally, the first order is a temporary protective order. It can be issued if someone is believed to be in immediate danger and be effective no more than 45 days. After a hearing, the court may agree to an extended order, which can last up to a year.
Consequences vary based on the frequency and severity of the alleged violation
The consequences for intentionally violating either type of order in Nevada depend on how many times the violation has occurred and whether there was violence involved. A first violation is a misdemeanor. If the violation involved physical violence, a respondent may face jail time of up to to six months, fines and/or community service. If other criminal activity was involved, the consequences may be more serious.
A respondent who repeatedly violates an extended order can be charged with a Category D felony. This can come with a prison sentence of up to four years and a fine of up to $5,000.
If a person is notified that they are named in a protective order, it is crucial for them to understand the requirements of the order. It is also crucial to understand the allegations, whether criminal charges were filed or not.
As noted, to be punishable, violations of a protective order must be intentional. It is possible that a person may violate an order they did not know about, for example. Quick and proper notification is required, but it doesn’t always happen. Anyone who has been named in an order or has been accused of violating their order, whether the allegations are true or not, should seek legal guidance as soon as possible.