Filing for a temporary protective order (TPO) is the first step in formally asking the Court to help ensure your safety. My last post was a general overview of the topics that I will be discussing in my series, “How to File Your Own TPO.” This post will concentrate on the process of filing a TPO in Las Vegas. It is very important that if you are need of a TPO that you take immediate action, and do not wait to file.
How you can file for a temporary protection order and where you can find the application forms when filing for a TPO in Las Vegas
Your TPO application will be filed in one of two courts. If you are filing due to harassment or stalking then you will be filing in the local Justice Court and you may find the needed forms here. If your TPO is required due to a domestic situation then you will file your application at the Family Violence Intervention Office located at 601 N. Pecos Rd. There are people in the self help department at the Regional Justice Center or the Family Violence Intervention Office to assist you in filling out the forms.
When you file your application you can attach documents you wish to present to the court. If you filed a police report you can attach a copy of the report or you can attach a sheet that includes the case number of the report. Other examples of attachments may include notes/texts/emails that show the other party is acting in a threatening manner, pictures of damage to property or to person, as well as, list of witnesses with addresses and phone numbers. Typically, the more specific information you provide then the better your chances of having the TPO granted.
It is important to understand that filing the application does not give you a TPO. An order for your protection is not in place until the Court grants your request.
Extending your Las Vegas protection order after it has been granted
If the Court is satisfied with your application then it will typically issue a 30-day protective order. The TPO will only remain in effect for these thirty days unless the Court rules otherwise. Sometimes the thirty days is long enough to meet your needs. However, if the other party is violent or causing you distress, it is generally a good idea to file for an extension on your order.
A motion to extend the protective order must be filed before the thirty days are up. The opposing party and you will have to attend a hearing. The protective order may be extended up to a year depending on the Court’s discretion. You must attend the hearing if you want to have the order extended. If the adverse party does not show up then it will generally be easier for you to gain the extension.
Filing for a TPO in the Las Vegas courts is a fairly simple process but not always an easy decision. Being in a position where you are fearful for your life or the life of your children can sometimes leave you frozen. An attorney can help you decide if it is in your best interest to file for a TPO and you should never hesitate to seek their counsel in any situation regarding your legal issues.
