This is the next post in my series on “how to file your own TPO in Nevada.” My last discussion went over the process of filing a TPO in Clark County, Nevada. In this article I’m going to cover a topic that is of grave concern to many people – ensuring your children are covered by the protective order. Nothing is more important to us than our children. Nevada law, fortunately, looks out for their safety.
A protective order may need to be filed to safeguard your child during a Nevada custody dispute
It is common for a Las Vegas parent to file for a change of child custody when the other parent poses a physical threat. In such cases there is a concern that the other parent will abduct or, worse, harm the child once the Motion to change visitation is filed. In these types of cases one can file for a Protective Order at the same time that they file the Motion. Such requests are reviewed quickly and the Protective Order will often be granted before the other parent even receives the Motion to change the custodial arrangement. This is a way to gain immediate protection for your child or children if you are involved in a child custody dispute.
A Protective Order is typically granted quickly and a hearing on whether the Order should stay in place is often held within a few weeks. The hearing on a Motion to Change Custody, however, is typically not heard by a Judge for 4-6 weeks. The Clark County Family Court’s employ what is known as the “One Family, One Judge” rule. This means that the TPO Commissioner (the person who typically decides issues related to Protective Orders) will not rule on extending or dissolving the Protective Order and, instead, will want the District Court Judge deciding your custody case to also decide issues relating to the Protective Order. The Commissioner will usually leave the Protective Order in place until the Motion to Modify Custody is heard by the Judge. In other words, filing an application for a TPO and Motion together will often result in a Protective Order being in place until your Motion is heard by the Judge. This offers your child protection in a Las Vegas child custody disputes.
Protective Orders provide a great deal of safety for Las Vegas children
Protective Orders offer a great deal of safety assurances to children in the Las Vegas area. A TPO can specify that a parent must stay a certain distance away from the child’s school as well as other places that can be spelled out in the Order. Examples of these “other places” may include areas where the child engages in extracurricular activities, homes of the child’s friends, as well as your residence. If the other parent violates such an Order then he or she is facing arrest and being in Contempt of Court.
Contact an attorney immediately if you require a Temporary Protective Order to ensure your child’s safety.