This is the next post in my series discussing the obtaining of a Clark County TPO due to threats of domestic violence. My last post discussed when it is appropriate for a parent to add their children to a TPO request. In this article I will be discussing what a Las Vegas resident can expect to happen at a TPO hearing.
A Clark County Hearing Master will hold a hearing to determine if a TPO should be extended past 30 days
Emergency temporary protective orders are almost always granted on a short term basis. This is because the state chooses to err on the side of caution and recognizes that issuing a measure of protection may mean the difference between life and death. However, after 30 days a hearing is held to determine if the protective order should be made more permanent. At the hearing, the adversary party is given the opportunity to defend themselves and request that the protective order be dropped. In the event that the defendant wishes to challenge the protective order, the victim must provide evidence that a longer term protective order is necessary.
A TPO hearing is different from a trial in many ways. The Judge hearing the case will not generally call witnesses or hear sworn testimony. The hearing will be relatively brief; generally less than an hour. Each side will be tasked with providing as much information as they can in a succinct manner. Prior to the hearing, the Judge will have read and considered all information provided, such as emails, phone records, medical records, or notarized letters. At the end of the hearing, the Judge will either extend the TPO for a set period of time, or rule that there is no longer a threat and choose not to renew the order. Such matters are heard at the Clark County Family Court if the dispute is between parties who have previously been in a relationship, are related, or if they have co-habitated.
Hiring a Las Vegas attorney can ensure that your safety is ultimately protected
It is not required to bring an attorney as a representative to a TPO hearing but it is highly recommended. During the TPO hearing, the victim and the defendant are both present at the same time. For persons who have been victim to domestic violence, this is often unsettling, and can cause the victim to become flustered. And when the victim becomes flustered, they may not be able to articulate their concerns in the brief period of time they are allotted. By hiring an attorney, you can rest easy knowing that a third party who is not emotionally affected by the other party will be there to make your case. Experienced attorneys are well versed on the procedures and customs of the TPO hearing, and can not only provide a sense of comfort, but can make sure your argument is made as strongly as possible.
If you have filed for a TPO and have an upcoming hearing, do not go to your hearing alone. Contact our family law office today and learn how we may best represent you.