Protection Order Overview
Learn about the different kinds of protection orders and get answers to some basic questions here.
What is a protection order?
A protection order tells someone to stay away from you for safety reasons. A protection order may include the following:
- It may order the adverse party (the other party) to stay away from your home, work, school, or other locations.
- Temporary custody/visitation orders might be included if you have children together.
- If you have pets, a domestic violence protection order can allow you to keep the pets and order the adverse party not to harm, threaten, or harass the pets.
How long does a protection order last?
A "temporary protection order" (a "TPO") may be issued for up to 45 days. The judge can issue a TPO without notifying the other party first. You must fill out an application, and the judge might want you to come to a hearing if the judge has questions. If approved, the Sheriff will serve the other person with the TPO.
You can also request an "extended protection order." This can be included with your original application, or you can request it later as long as your TPO is in effect. You and the other person will have to go to a hearing where the judge can ask both of you questions. At the hearing, the judge will decide whether to extend the order. If approved, the protection order can be extended for up to two years.
What kinds of protection orders are there?
The chart below includes a side-by-side comparison of the different protection orders available in Nevada:
Domestic Violence Protection Order:
This is to keep abusive family members and significant others away. It is based on some kind of family or dating relationship where domestic violence has happened (adult siblings and adult cousins do not qualify for a domestic violence protection order, but may qualify for a different kind of order listed below).
Domestic violence can be an assault, battery, stalking, trespassing, destruction of private property, injuring or killing an animal, threats to do any of these things, and several other acts. The complete list is at NRS 33.018.
In Clark County, this kind of order is requested in Family Court. This website includes all of the forms and information needed to file a domestic violence restraining order only. Visit How to Apply for a DV Protection Order to find the forms and detailed information on this website.
Stalking & Harassment Order:
This is to keep a person away because they are stalking or harassing the person. You can find the legal definitions in NRS 200.571-575. You do not need to be related to the offender to get this kind of order.
This kind of order is requested in Justice Court - please see the Civil Law Self Help Center (Stalking & Harassment) website for more information.
Harm to Children:
This is filed by a parent or guardian who believes that someone is committing a crime of physical / mental injury or sexual abuse / sexual exploitation of a child.
This kind of order is requested in Justice Court - please see the Civil Law Self Help Center (Harm to Children) website for more information.
Sexual Assault Protection Order:
This is for those who are victims of sexual assault. This kind of order is requested in Justice Court - please see the Civil Law Self Help Center (Sexual Assault) website for more information.
Workplace Harassment:
This is for employers who need to keep someone away from an employee or the workplace. This kind of order is requested in Justice Court. Please see the Civil Law Self-Help Center (Workplace Harassment) website for more information.
Red Flag / High-Risk Behavior:
This is to prevent a person from purchasing or possessing any guns if they are at imminent risk of causing a self-inflicted injury or injury to another person with a firearm and they are showing high-risk behavior. A family/household member or law enforcement can file for this type of protection order. You can find forms and information to apply on the Civil Law Self-Help Center (Red Flag / High-Risk Behavior Protection Order) page. You can also read about the laws regarding this process starting at NRS 33.050.
Should I file a protection order?
Only you can know if this is the best thing to do. Getting a protection order could affect where you will live, how you will pay bills, how to handle childcare, etc.
You may want to talk to a domestic violence advocate first about your options and have a plan ready. There are many agencies who can help. Visit the Domestic Violence section of this website for more information. You can also find a list of resources and providers in the link below:
Domestic Violence Resources (English and Spanish)
You may also want to talk to a lawyer about whether to file a protection order and if there is other legal action you should take. You can find free and low-cost attorney services on the Lawyers and Legal Help page.
