Domestic Violence & Restraining Orders

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Domestic violence is a serious and widespread problem in Nevada, affecting people of all backgrounds and relationships. Domestic violence can take many forms, such as physical, sexual, emotional, or financial abuse, and can cause lasting harm to the victims and their families. Nevada has enacted various laws to protect the rights and safety of domestic violence victims and to hold the perpetrators accountable.

One of the laws that defines domestic violence in Nevada is NRS 33.018, which is used for the purpose of issuing restraining orders. According to this law, domestic violence occurs when a person commits one of the following acts against or upon someone who is related to them by blood or marriage, someone they are dating or have dated, someone they have a child with, or someone who is the custodian or legal guardian of their child:

• A battery (physical assault)
• An assault (attempted battery)
• Coercion (forcing someone to do something against their will)
• A sexual assault (rape or attempted rape)
• A course of conduct intended to harass the other person, such as stalking, arson, trespassing, larceny, destruction of property, carrying a concealed weapon, injuring or killing an animal, burglary, or home invasion
• A false imprisonment (holding someone against their will)
• Pandering (forcing someone into prostitution)

A person who is a victim of domestic violence can apply for a restraining order, known in Nevada as a temporary protection order or an extended protection order, which is a court order that prohibits the abuser from contacting, approaching, or harming the victim or their children. A restraining order can also include other provisions, such as requiring the abuser to attend counseling, pay child support, or surrender their firearms. A restraining order can be temporary or extended, depending on the circumstances and the needs of the victim.

Another law that defines domestic violence in Nevada is NRS 200.485, which is used for the purpose of criminal prosecution. According to this law, domestic violence is a crime that is punishable by various penalties, depending on the number and severity of the offenses. The penalties for domestic violence in Nevada are as follows:

• First offense within seven years: Misdemeanor offense that is punishable by imprisonment for two days to six months, 48 to 120 hours of community service, and a fine of between $200 and $1,0001.
• Second offense within seven years: Misdemeanor offense that is punishable by imprisonment for 10 days to six months, 100 to 200 hours of community service, and a fine of between $500 and $1,0001.
• Third or subsequent offense within seven years: Category C felony offense that is punishable by imprisonment for one to five years, and a fine of up to $10,0001.
• Domestic violence resulting in substantial bodily harm or involving the use of a deadly weapon: Category B felony offense that is punishable by imprisonment for two to 15 years, and a fine of up to $10,0001.

A person who is accused of domestic violence can be arrested and prosecuted by the police and the district attorney. A person who is convicted of domestic violence can also face other consequences, such as losing their custody or visitation rights, their right to possess firearms, their professional license, or their immigration status.

At Pearson Law, we have the experience and expertise to help you with your domestic violence case, whether you are seeking, opposing, modifying, or enforcing an order. We will review your situation and advise you on your rights and obligations. We will work with you to negotiate a fair and reasonable conclusion to the case or represent you in court if necessary. We will also help you with any issues that may arise after the order is issued, such as changes in custody, the exclusive possession of the marital residence, or the final divorce trial, if applicable to your situation.