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WHAT IS VIOLATION OF A PROTECTIVE ORDER IN NEVADA?
Violating a protective order (restraining order) in Nevada is a criminal offense. It occurs when a person who is subject to a protective order knowingly violates any of its terms — including no-contact provisions, stay-away requirements, or firearms restrictions.
WHAT THE PROSECUTION MUST PROVE
To convict you of Violation of a Protective Order in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
A valid protective order was in effect against the defendant
The defendant had knowledge of the protective order
The defendant knowingly violated a term of the protective order
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR VIOLATION OF A PROTECTIVE ORDER IN NEVADA
First Violation
Misdemeanor. Up to 6 months in jail and/or up to $1,000 fine.
Second Violation
Gross misdemeanor. Up to 364 days in jail and/or up to $2,000 fine.
Third or Subsequent Violation
Category C felony. 1 to 5 years in prison.
Violation with Violence
Category B felony. 1 to 6 years in prison.
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending violation of a protective order charges
Even accidental contact — a chance encounter at a grocery store — can result in a violation charge if you are subject to a no-contact order. If you see the protected person in public, leave immediately and document that you left.
Text messages and phone calls are the most common way people violate protective orders. Even if the protected person initiates contact, responding can still be a violation.
Protective orders obtained in other states are enforceable in Nevada under federal law. Do not assume that a Nevada court will not enforce an out-of-state order.
The above represents general observations from years of criminal defense practice in Nevada. Every case is different — contact Thomas for advice specific to your situation.
COMMON DEFENSES TO VIOLATION OF A PROTECTIVE ORDER
Every case is unique, but these are the defenses most commonly raised in violation of a protective order cases in Nevada:
No knowledge of the protective order
The order was invalid or improperly served
The contact was initiated by the protected person
Insufficient evidence of knowing violation