Our divorce law firm takes the safety and welfare of our clients extremely seriously. We never tolerate any form of domestic violence regardless of your spouse’s gender. These acts come in both physical violence and harassment forms. One of our Las Vegas protection orders lawyers will immediately file for court ordered protection if you are experiencing any form of physical abuse or harassing behavior from your spouse. Protection Orders come in two forms: Temporary Protection Orders or Extended Protection Orders.
Temporary Protective Orders (TPO)
The first step in the process is an application for a temporary protection order, or TPO for short. TPOs are usually court requests without offending party’s knowledge. The legal term for this is ex-parte. This means that the offending spouse will not know you have filed for protection. After reviewing the information in the application, the court either grants or denies the TPO. This is where the experience of a temporary protection order lawyer comes in. Your application must contain the correct factual information in order to be granted. TPOs usually have a specific time frame. The most common is thirty days.
When the court grants a TPO it is served to your spouse. They are then legally bound to abide by the terms and conditions of the protective order. Courts are the only authority that can terminate a protection order. A verbal agreement between you and your spouse is not legally binding. So your spouse can still be in violation of the protection order even if you both agree to different terms.
Extended Protection Orders
Depending on the circumstances, temporary protection orders can extend for up to one year. Court issued TPOs are extended through a court hearing. This hearing is not in front of a judge. Instead it’s presided over by a special TPO Hearing Master. The TPO Hearing Master will allow both parties to testify before making a decision on whether to extend the TPO or not.
Penalties for Protection Order Violations
All experienced attorneys know that the family courts take these situations seriously. Your spouse risks immediate arrest if they violate the terms and conditions of a protection order. Further, any violation of a temporary or extended protection order can result in substantial fines and/or incarceration. Nevada statutes provide for a fine of up to $2,000 and up to one year in jail for violating a TPO. The penalties for extended protection order violations are more severe. These violations carry a fine up to $10,000 and up to five years in state prison.
False Protection Order Claims
We are just as committed to fighting false protection order claims as we are to protecting our clients who have legitimate claims. It’s not unheard of for one spouse to make false claims against the other in the divorce process. Sometimes this is done in the heat of the moment. Other times it’s part of a plan to gain the upper hand in your divorce case. In either case we have no tolerance for false claims and will vigorously defend against them.
Contact a Las Vegas Protection Orders Lawyer
Don’t ever put your safety in jeopardy. If you are a victim of any form of domestic violence or spousal harassment our Las Vegas divorce attorneys Jennifer V. Abrams and Vincent Mayo can help you. They know how to word the TPO application properly and ensure that you get the protection you deserve. Don’t wait. Contact our office at 702-222-4021 immediately.