This is the next post in my series discussing information related to obtaining a temporary protective order due to a domestic violence situation in Las Vegas. My last post provided an overview of topics I will be discussing over the next several posts. In this post I will explain the process a domestic violence victim can go through in order to file for a temporary protective order (TPO).
What to include on a TPO application in Clark County, Nevada
There are two different types of protective orders available in Clark County. The first one is meant for a person who wishes to file for protection from a person whom the victim does not have a close relationship with. This might include a co-worker, a stranger, a former friend, or some other acquaintance. This application would be filed at the local Justice Court. The second type of protective order is for those where there is a domestic relationship, such as spouses, relatives, or those who have lived together. This application is filed at the Family Violence Intervention Office which is located at the Family Court building in Las Vegas.
When filing for a TPO you must provide specifics regarding why you feel that you require protection from the adverse party. The application will ask what abuse you have suffered, how often you have been abused, or if you have not yet experienced abuse, why you believe you are in danger. The application will also allow you to name other persons who may be in need of protection. These people may include minor children living in your home. After specifying who needs protected and why you will be asked the specific locations that you need your abuser banned from. For example, if your abuser lives in your home you may ask the Court to require that he or she stay elsewhere and avoid the residence. If you share custody of a child, and have contact with your abuser at your child’s school, you may ask that the abuser be banned from being at the school during the hours in which you pick up your child. The application will also ask if you need financial protection. For example, if you are a stay at home mother, and you fear that your husband will cut you off financially so that you cannot leave you may ask that the adverse party be required to continue paying certain bills.
Hiring a lawyer can assist Las Vegas residents in need of obtaining a Clark County temporary protective order
Few matters are as serious as being in need of protection. It must be understood, however, that a Court will not easily give out a TPO. Also, the Court will not accept unsupported allegations as a basis for granting the request. It is necessary to clearly explain the situation to the Court and to provide evidence which supports once’s claims of violence or the threat of violence. An attorney can greatly assist with this process as experienced counsel will understand what types of evidence the Court will find credible, what type of conduct represents a meaningful “threat,” and how arguments should be presented to the Court.