As a protective order attorney serving Henderson, NV, Michelle Hauser at Hauser Family Law helps victims of domestic violence, stalking, and harassment obtain the legal protection they need under Nevada law. If you or someone you love is in danger, understanding your options for a protective order is the critical first step toward safety.
What Is a Protective Order in Nevada?
Nevada law provides for several types of protective orders under NRS Chapter 33. The most common is the Order for Protection Against Domestic Violence (OPDV), available to victims of abuse by a spouse, former spouse, dating partner, household member, or family member. A protective order can prohibit the restrained person from contacting or approaching the protected party, require them to vacate a shared residence, and address temporary custody of children.
Types of Protective Orders in Nevada
Nevada courts issue two primary types of domestic violence protective orders. A Temporary Protective Order (TPO) is issued on an emergency ex parte basis — without prior notice to the other party — and lasts up to 30 days. You can apply at the Clark County Regional Justice Center or through Nevada’s online filing system. An Extended Protective Order (EPO) lasts up to two years and requires a court hearing where both parties present evidence. Having an attorney at this hearing dramatically strengthens your case. Nevada also offers workplace harassment, stalking, and sexual assault protective orders under separate statutes.
How to Get a Protective Order in Henderson, Nevada
Protective orders for Henderson residents are issued by the Family Court Division of the Eighth Judicial District Court. To apply: (1) Complete the protective order application at the Regional Justice Center (200 Lewis Ave, Las Vegas) or via the Nevada e-filing portal. (2) A judge reviews your application and may issue a TPO the same day. (3) Law enforcement serves the restrained party with the TPO. (4) A hearing is scheduled within 10-21 days for the extended order. The Nevada Coalition to End Domestic and Sexual Violence offers additional resources and crisis support for victims throughout Clark County.
Protective Orders and Child Custody
When you share children with the restrained party, a protective order can include temporary custody and visitation provisions. The court will consider the child’s safety in determining any temporary parenting arrangements. A family law attorney can help you address both the protective order and underlying custody issues simultaneously. If domestic violence is part of your custody dispute, Nevada courts treat it as a significant factor under NRS 125C.0035 when determining the best interest of the child.
What Happens if the Restrained Party Violates the Order?
Violating a protective order is a criminal offense in Nevada. A first violation is a misdemeanor; subsequent violations or those involving weapons can be charged as gross misdemeanors or felonies. Keep a copy of your order with you at all times and call law enforcement immediately if the restrained party violates its terms. Document every violation — dates, times, and details — as this evidence matters for criminal prosecution and related family law proceedings.
Contact Hauser Family Law for a protective order attorney in Henderson, Nevada. Michelle Hauser provides compassionate, discreet representation for clients in Henderson and throughout Clark County. Call (702) 867-8313 to speak with our office today.
What to Bring to Your First Appointment
When you meet with a protective order attorney, bring any documentation that supports your case. This includes text messages or emails from the restrained party, photos of any physical injuries or property damage, police reports filed in connection with any incidents, witness names and contact information, and records of prior incidents even if they were not reported to law enforcement. The more specific documentation you have, the stronger your protective order petition will be. If you are in immediate danger, call 911 first — your attorney can help with the court paperwork once you are safe.
Frequently Asked Questions
How long does a protective order last in Nevada? A temporary protective order (TPO) lasts up to 30 days. An extended protective order can last up to two years and is renewable. If the restrained person continues to pose a threat, you can petition to extend or renew the order before it expires.
Can I get a protective order if we are not married? Yes. Nevada protective orders are available to victims of domestic violence regardless of marital status. Dating partners, household members, and family members can all qualify. Nevada also has protective orders specifically for stalking and harassment that apply even when no prior relationship exists.
Does a protective order affect my divorce case? Yes, significantly. A protective order can influence temporary custody arrangements, housing allocation, and the overall dynamic of divorce negotiations. Evidence of domestic violence is also a statutory factor Nevada courts consider when determining child custody under NRS 125C.0035.