Relationships can be complicated. When emotions run high, there is a chance that an already volatile situation can turn violent. A restraining order is meant to prevent an individual from threatening, harassing, or harming another person. Harassment, stalking, crimes against children, sexual abuse, and sexual assault are examples of behavior that can result in a judge signing off on a restraining order in Nevada.
At Adras & Altig, our knowledgeable criminal defense attorneys have over a decade of experience navigating the complicated Nevada legal framework surrounding domestic violence and restraining order cases. It can be challenging to understand these complex documents, making it easy to make a mistake and violate the terms of the court order. What happens if you break a restraining order? We want to help you understand what constitutes the violation of a restraining order in Nevada, the potential consequences of a violation – and your legal options if you face charges.
What Is a Restraining Order Violation in Nevada?
A restraining order is meant to protect individuals from threatening, harassing, or intimidating behavior. A restraining order outlines the limits of a person’s (the adverse party’s) contact and behavior toward the person (the applicant) named in the order. For example, a restraining order may explicitly limit an adverse party’s contact, preventing them from interacting with the applicant and directing them to stay away from the applicant’s home, office, or school.
In Nevada, a restraining order violation occurs when the adverse party disregards or disobeys the order’s instructions. If an order directs the adverse party to avoid contacting the applicant at their home, and the adverse party goes to the applicant’s home to try and talk to them, that could be a restraining order violation.
Consequences for Restraining Order Violations
Nevada has different types of restraining orders, including temporary protective orders and extended protective orders. Violating the terms of any Nevada restraining order can lead to significant legal consequences. Typically, violating a restraining order is a misdemeanor offense and can result in up to six months in jail and up to $1,000 in fines.
Violating a restraining order can sometimes rise to the level of a gross misdemeanor or Category C felony. A gross misdemeanor violation can result in up to 364 days in jail and fines of up to $2,000. A Category C felony violation can get an individual one to five years in prison and up to $10,000 in fines. Using threats or violence or having prior convictions for domestic violence can yield higher penalties for violating a current Nevada restraining order.
However, just because you are accused of violating a restraining order does not mean that you are actually guilty of the crime. The Nevada criminal defense attorneys at the law firm of Adras & Altig are ready to review your situation and determine your best options for seeking an optimal outcome.
Contact Our Domestic Violence Attorneys for Help
Have you been accused of violating the terms of a Nevada restraining order? Do not let a conviction jeopardize your life, freedom, and financial stability. Immediately contact the experienced criminal defense team at Adras & Altig, Attorneys at Law for help. We can review the specifics of your situation and discuss how we can defend you against these accusations.