Nevada law provides two distinct paths for protective orders: the domestic violence restraining order under NRS Chapter 33 for people in domestic relationships, and the civil harassment restraining order under NRS 33.270 for harassment by neighbors, coworkers, acquaintances, or strangers who are not in a domestic relationship with the victim. Understanding which type of protective order applies to your situation — and how they differ in scope, standard of proof, and duration — is critical to getting the right protection quickly. Hauser Family Law assists Las Vegas and Henderson clients with both domestic and non-domestic protective orders.
When Civil Harassment Applies
The civil harassment restraining order (CHRO) under NRS 33.270 applies when the harassing party does not qualify as a “family or household member” for purposes of Nevada’s domestic violence statutes. Domestic violence protection under NRS 33.018 covers current or former spouses, dating partners, people who share or have shared a dwelling, co-parents of a child, and blood or adoptive relatives. The CHRO covers everyone else: a neighbor who makes your life miserable with repeated threats or property destruction, a coworker who follows you and contacts your family after you’ve asked them to stop, an ex-acquaintance who is stalking you through social media and in person, a business client who has made threatening communications. The CHRO is also available between former roommates who do not qualify as domestic partners and between people with business disputes that cross into physical threats or repeated unwanted contact.
What Constitutes Civil Harassment in Nevada
Nevada’s civil harassment statute under NRS 33.270 defines harassment as: a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, or harasses that person, and which serves no legitimate purpose, which a reasonable person would have found alarming, annoying, or harassing, and which actually caused substantial emotional distress to the petitioner. A single incident generally does not constitute a “course of conduct” — courts look for a pattern of repeated behavior. However, a single credible threat of violence combined with a past history of threatening conduct may be sufficient for an emergency ex parte order. The statute also covers credible threats of violence that cause a person to reasonably fear for their safety, even if the threat was not accompanied by physical contact.
The Restraining Order Process in Clark County
To obtain a civil harassment restraining order in Las Vegas, the petitioner files a petition with the Clark County District Court (or Justice Court depending on the relief sought) including a declaration under penalty of perjury describing the harassment in detail with dates, witnesses, and supporting documentation. The court may grant an ex parte temporary restraining order the same day without the harasser being present if the petition demonstrates an immediate and present danger. The temporary order must be personally served on the respondent. A hearing before the judge is then scheduled within 45 days. At the hearing, both parties may testify and present evidence. If the court finds civil harassment by a preponderance of the evidence, it may issue a civil harassment injunction lasting up to two years. The respondent who violates an active civil harassment restraining order commits a criminal offense under NRS 33.340 — a misdemeanor for a first violation and a gross misdemeanor or felony for subsequent violations.
Evidence to Support a Civil Harassment Petition
Documentation is critical to a successful civil harassment petition and hearing: save all text messages, emails, voicemails, social media messages, and screenshots of online contact in their original form with timestamps visible; keep a dated log of every incident of harassment with specific facts (who, what, where, exact words used); obtain witness statements from anyone who observed the harassment or threatening behavior; secure any security footage, Ring/Nest doorbell footage, or surveillance recordings of incidents; save police reports for any incidents where law enforcement was contacted; and document medical treatment, therapy, or prescribed medication for the emotional distress caused by the harassment. The stronger and more specific the documentation, the stronger the petition.
Contact Hauser Family Law — Las Vegas Protective Order Attorney
Whether you need a domestic violence protective order or a civil harassment restraining order, Hauser Family Law provides immediate assistance to Las Vegas and Henderson clients who need protection. We can help you file an emergency petition the same day and represent you at the restraining order hearing. Contact us now for a free consultation.