Monday, January 12, 2015

Order For Protection Against Domestic Violence

There are times when the physical abuse is grave that a protection order is already needed.

A protection order requires the offender to:

·         Stay away from the victim’s home, office, school, workplace, or any place designated by the court.
·         Follow the additional restrictions set by the court such as staying away from the victim’s children, maintaining a distance of 100ft from the victim, etc.

Requirements before granting a protection order

  • The person must be 18 years old or more. If not, a guardian who is 18 years old or more must apply for the minor’s protection order.
  •   The court may require the person and the offender to attend a hearing.
  • The person must be proven to be a victim of domestic violence.

Having a domestic violence lawyer is not mandatory for the application. However, an attorney can provide the victim with legal advises, can assist in the filing the protection order and can appear at court hearings.

How long does the protection order last?

  • A Temporary Protection Order expires after 30 days from the date of issuance. If the Protection Order is not served 30 days after the issuance, it would still expire.
  • An Extended Protection Order would expire exactly 1 year after the Judge signed the order.
Note: If the person wants to apply for an extended protection order, it cannot be granted once the temporary protection order has already expired. Consult with your domestic violence attorney for more details.

Penalties for Violating Court Protection Order
  • Any person who violates the Temporary Protection Order will be charged with Gross misdemeanor. It is punishable with a possible jail time of 1 year, plus fines of not more than $2,000.
  • Any person who violates the Extended Protection Order would be charged with a Category C Felony. It is punishable with imprisonment between 1 year to 5 years, plus fines of up to $10,000.

How do I counter petition a Protection Order charged against me?

There are 3 ways to counter a protection order.

  •  File a Motion to Dissolve the protection order

If the court granted the motion, it would immediately void the protection order charged against you.
  •  File a Motion to Modify the protection order

This motion would modify the rules set in the protection order. You may file this motion if you think the rules are too grave or burdensome. E.g. Maintaining a distance of 100 feet away from the victim, prohibiting the person to communicate with the children, etc.
  • Appeal for extended order for protection

The appeal can be filed after the extended order for protection has been issued.

Consult with an experienced criminal defense lawyer like Attorney Ross C. Goodman for legal advises regarding the Order for Protection. Attorney Ross C. Goodman has decades of experience in defending domestic violence cases.  Contact his office using the details below:

Attorney Ross Goodman
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088