Protective / Restraining Orders
A domestic violence charge can carry with it many adverse consequences, even before a conviction actually occurs. The alleged victim can ask the court to place a temporary restraining order upon the accused to stop them from engaging in any contact with said victim. These protective orders can even prevent the accused from going within a specific distance of certain areas in an attempt to prevent any contact between the two parties.
The Law Offices of Garrett T. Ogata has extensive legal experience in restraining/temporary orders and knows how to protect our clients from falling victim to unwarranted claims. Nevada Revised Statute (NRS) 33.020 handles the issuance and enforcement of protective orders. If there is a reported act of domestic violence, or even the threat of an act of violence, then the courts may impose a temporary thirty-day protective order. This can occur without the accused receiving a hearing.
For the alleged victim to gain a protective order lasting longer than thirty days there must be a hearing held within forty-five days of the initial filing. If an extended protective order is issued, it can last up to an entire year. We know that this can be a great hardship on a person’s daily life. Especially, if the area a person is banned from is somewhere they often travel or a place of importance, but violating these orders can bring harsh consequences.
- Up to six months in jail if convicted of violating the order.
- A fine not exceeding $1,000 unless the law allows for a more severe punishment.
These protective orders may also demand that a person surrender any firearms in their possession. We at the Law Offices of Garrett T. Ogata know that such orders can place an unfair burden on our clients, but it is imperative that you do not violate the order, even if you and the alleged victim are back on good terms. These protective orders can be fought and modified, so it is important that you contact an experienced lawyer to get the ball rolling on changing these orders.