Violating a Protective Order Is a Crime - You Need a Defense
Las Vegas Criminal Defense Attorneys
After an incident of domestic violence, the "victim" or a victim's advocate usually asks the court for a protective order (also called a restraining order). It can also be requested in cases of stalking or terroristic threats where it can be shown that a reasonable person would fear for their safety even though no physical abuse has occurred.
If there is a protective order against you, you will be forced to change your life in a number of ways. If you live with the person who filed for the order, you will have to move out. You cannot call or contact them. You will have to stay a certain distance away from the person who filed the order (and possibly family and friends).
You may need to move, change where you shop for groceries, and change the route you take to work. You will need to make special arrangements to see your children if you can no longer go to their home.
If you have been served with a notice of a protective order hearing, get immediate legal help. Call 702.487.3530 or contact Ciciliano and Associates online.
At Ciciliano and Associates, we defend people against requests for permanent restraining orders, as well as providing criminal defense in both misdemeanor and felony domestic assault cases. We defend clients in Clark County and surrounding jurisdictions of southern Nevada.
The Protective Order Hearing Process
A hearing for a temporary order will occur quickly after spousal abuse allegations are made, and you will not have a chance to appear at that hearing. A temporary order is almost always granted.
Your side will be heard when the judge decides whether the temporary order should be made permanent. That hearing will occur within 30, days so it's best to get a defense lawyer on your case right away. Your lawyer will need time to investigate the facts in order to build your defense.
At Ciciliano and Associates, we begin by explaining how a protective order works, and what you can and cannot do while one is in force. You don't accidentally violate the restraining order and find yourself in jail.
One of the most common mistakes people make is contacting the other party by phone. Even if the person who filed the order calls you, you should not talk to them, because restraining orders are mutual — both of you are required to avoid the other. If you violate a protective order you could be held in contempt of court, charged with a misdemeanor, and sentenced to 20 days in jail.
Under Nevada law, you also cannot buy, carry, or be in control of a firearm if you have a protective order against you. You cannot have one in your house. If you are found with a gun, you will be held in contempt of court and face a jail sentence. You could also be charged with a felony for illegal possession of a firearm.
You Can Fight Protective Orders
For aggressive representation, contact our Las Vegas law office immediately. Call 702.487.3530.
