Information on Protective Orders
A court may grant an Order of Protection to try to prevent Domestic Violence, Stalking and/or Harassment, Harassment in the Workplace, High Risk Behavior, or Sexual Assault. Each type of protection order serves a different purpose. When applying for a protection order, select the appropriate type of protection order and make sure that you are in the proper court. Failure to select the correct type may result in the request being denied.
NOTE: The Incline Justice Court does not handle Protection Orders for Domestic Violence. Those matters are heard by the Second Judicial District Court of Washoe County.
Frequently asked questions
What is a protection order?
A Protection Order is an order issued by a court that allows an APPLICANT to use the power of the court to require an ADVERSE PARTY to do, or not do, certain things.
A Protection Order may do the following:
(1) It may order the Adverse Party to stay away from:
- The victim's home
- The victim's school
- The victim's business
- The victim's place of employment
- Any other location specifically named by the court
- The victim
- Any other person, including, without limitation, a member of the victim's family or household, specifically named by the court.
Who can apply for a protection order?
If you reasonably believe that you are the victim of a crime involving domestic violence, stalking and/or harassment, sexual assault, or if you are the parent or guardian of a child and you reasonably believe that a child has been the victim of a crime categorized as harmful to minors, you may apply for a Protection Order. You are considered the APPLICANT and the person allegedly committing the crime is considered the ADVERSE PARTY.
The Incline Justice Court handles protection orders for stalking and harassment and protection orders for harassment in the workplace. Applications and other forms for one of those types of protection orders are available on the Court Forms tab of this website. To obtain a protection order for domestic violence, please visit the Second Judicial District Court of Washoe County.
Do I need an attorney to apply for a protection order?
No. Although an attorney can assist you and give you advice, you have the right to seek a Protection Order without an attorney.Can I get a Protection Order without notifying the Adverse Party?
If an emergency exists, a Temporary Protection Order may be granted without notice to the Adverse Party. However, the court can require a hearing before deciding whether to grant a Temporary Protection Order. If a hearing is required, the Adverse Party may be entitled to receive notice in the manner described by law.
An Extended Protection Order cannot be granted without notice to the Adverse Party and a hearing.
Can I keep my name and address confidential?
The Application asks you to list specific locations where you are seeking protection. If you desire not to divulge that information to the Adverse Party, you may indicate that such information is CONFIDENTIAL and should not appear in the Protection Order. However, this may limit the ability of law enforcement to enforce your order effectively.
For example, if the court orders the Adverse Party to stay away from your home or your place of employment, but the address of your home or place of employment is not specifically listed in the protection order, law enforcement may have difficulty in arresting the Adverse Party if he or she shows up at that location, as the Adverse Party may not know that he or she is to stay away from that specific location.
How long does a protection order remain in effect?
A Temporary Protection Order may remain in effect for 45 days, sometimes longer if ordered by a court. The expiration date will be set forth on the first page of the Order. Sometimes the Order is automatically extended, for example, when you ask that the Court hold a hearing on extending the order.
An Extended Protection Order may remain in effect for up to 24 months.
If an Application for an Extended Protection Order is filed while a Temporary Protection Order is in effect, the Temporary Protection Order will remain in effect until the hearing on the Application for an Extended Protection Order is held.
What happens if a person violates a Protective Order?
Any intentional violation of a protective order is a crime and can result in your immediate arrest or issuance of an arrest warrant. If you are arrested for violating a protective order, you will not be admitted to bail sooner than 12 hours after your arrest if:
- The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm;
- You have previously violated a temporary or extended order for protection; or
- At the time of the violation or within 2 hours after the violation, you have:
- A concentration of alcohol of 0.08 or more in your blood or breath; or
- An amount of a prohibited substance in your blood or urine that is equal to or greater than the amount set forth in subsection 3 of NRS 484C.110.
Unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order, a violation of an Extended Order for Protection is a category C felony which is punishable by imprisonment in the state prison for not more than five (5) years, and a fine of not more than $10,000.
NOTE: You can be arrested even if the person who obtained the order invites or allows you to contact them. You have the sole responsibility to avoid or refrain from violating the terms of this order. Only the Court can change the order upon written application.
WARNING: Possession of a firearm or ammunition while this order is in effect may constitute a felony and is punishable by a fine of up to $250,000 and/or a prison sentence of up to ten (10) years under federal law.
Protective orders may meet the Full Faith and Credit provisions of the Violence Against Women Act and may be enforceable in all 50 states, the District of Columbia, U.S. Territories and Indian Nations pursuant to 18 U.S.C. Sec. 2265. Violation of the order may subject you to federal charges and punishment pursuant to 18 U.S.C. Sec. 2261(a)(1) and (2) and 2262(a)(1) and (2).
How can I appeal a Protective Order?
If you would like to appeal a Protection Order for Stalking and Harassment, you must complete and file a NOTICE OF APPEAL within 20 Judicial Days (JCRCP 72B(a) and JCRCP 76B).
Filing fees in the amount of fees totaling $551.00 are as follows:
| Justice Court Appeal Fee | $50.00 |
| Audio Recording | $35.00 |
| District Court Filing Fee | $216.00 |
| Appeal Bond | $250.00 |
All above fees are paid separately to the respective organization.
The Appellant is required to serve a copy of the Notice of Appeal upon the Respondent. This can be done by certificate of mailing; personal service is not required.
It is the Appellant's responsibility to present a transcript of the court proceedings to the Second Judicial District Court. This court will, upon receipt of a fee, prepare an audio recording and present it to the Court Reporter for transcribing. The Appellant will receive a separate bill for preparation of the transcripts by the Court Reporter.