When a person has been arrested for allegedly committing a domestic violence offense in Nevada, he/she may also be subject to a restraining order filed by the alleged victim. Also known as protective orders, restraining orders generally prohibit contact between both parties, order the alleged offender to stay away from the alleged victim’s home, workplace, school, or any other location he/she frequents, and other conditions like forfeiting all firearms and temporarily giving up custody of minor children.
Nevada courts grant temporary protective orders (TPOs) or extended protective orders (EPOs) to individuals who are allegedly at risk of being victims of one of the following crimes:
- Domestic violence
- Harassment or harassment in the workplace
- Child abuse
- Sexual assault
Violating a restraining order is a serious crime. Depending on the type of order involved, this offense is either a misdemeanor, gross misdemeanor, or a felony.
Intentionally violating a TPO or EPO against domestic violence is a misdemeanor, punishable by a maximum jail term of six months and a fine no more than $1,000. A second offense is a gross misdemeanor, which carries a jail sentence of up to a year and a maximum fine of $2,000. A third or subsequent offense is a Category D felony, punishable by imprisonment for up to four years and a maximum fine of $5,000.
Intentionally violating a TPO against harassment, stalking, child abuse, or sexual assault is a gross misdemeanor, while intentionally violating an EPO against harassment, stalking, child abuse, or sexual assault is a Category C felony, which carries a maximum prison sentence of five years and a fine not exceeding $10,000. Intentionally violating any restraining order against harassment in the workplace is a misdemeanor.
Additionally, possessing a firearm while being subject to a restraining order is a Category B felony, punishable by imprisonment for up to six years and a maximum fine of $5,000.
If you have been accused of domestic violence in Reno, contact the Law Offices of Kenneth A. Stover at (775) 502-1575 today and request a free consultation to learn about your legal options.