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Definition of Domestic Violence
Domestic violence includes:
>> Acts of physical violence (slapping, punching, choking, etc.)
>> Threatening, coercive or harassing conduct
>> Interference with the personal liberty of the victim
>> Forcible entry into the victim's residence without victim's consent
>> Arson
>> Trespassing
>> Larceny
>> Destruction of private property
>> Carrying a concealed weapon without a permit
>> False imprisonment
>> Sexual assault
>> Stalking
Protective Orders against domestic violence
An order of protection is a written court order that is designed to stop violent and harassing behavior and to protect you and your family from the abuser. Orders of protection can also be known as protection orders or restraining orders.
Who is eligible for a Protective Order
An order of protection protects you from abuse by:
>> A spouse or ex-spouse
>> Someone you live with or used to live with
>> Your child
>> Any people related to you by blood or marriage
>> Someone you are currently dating or used to date
>> A parent or guardian can file for an order of protection for a child, an elderly person or anyone who is unable to file for themselves because of disability or hospitalization.
Types of Protective Orders
There are three types of orders in Nevada:
An emergency protective order is an order that you can request by telephone if you are the victim of domestic violence, and the abuser is arrested and put into jail. It lasts for one week. To get an emergency protective order, you must call within 12 hours of the abuser's arrest. Emergency protective orders are convenient because you do not have to appear in court. You can call a justice of peace court or district court and they will issue the order over the phone and have the police serve the abuser with the order while he is in jail
A temporary order of protection is an order that can be granted based on your testimony or any evidence you present to the court in your application for an extended order of protection. If a judge finds that you or your family are in danger of being harmed, s/he can grant a temporary order within 24 hours of receiving your application. The temporary order will last until your full court hearing that will take place, usually, within 30 days.
An extended order of protection is awarded by a judge only after a hearing in which you and your abuser each have an opportunity to present evidence and tell your different sides of the story. An extended order lasts for up to one year.
How you can be protected
A temporary order can:
>> Forbid further threats, harassment or injury to you or your minor child either directly or through a third party
>> Order the abuser to stay out of your home
>> Prohibit the abuser from entering your place of employment, school or other specified location
>> Award you temporary legal custody of children
>> Provide other relief the court considers necessary in an emergency situation
>> Force the abuser to turn over all firearms to law enforcement personnel and prevent him from buying firearms
In addition to providing the same protections as a temporary order, an extended order may:
>> Limit or prohibit the abuser's communications with you and your children
>> Award you custody of your children and force the abuser to pay child support
>> Establish visitation arrangements and require supervision by a third party if necessary
>> Order the abuser to make rental or mortgage payments on the home in which you are living
>> Order the abuser to pay all or part of costs and fees incurred in obtaining the protection order
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