About Byron Mills
Byron Mills is a co-founder of Mills & Anderson in Las Vegas, a firm that markets itself as the number-one Temporary Protective Order attorney practice in Nevada and handles both petitioner and respondent representation in restraining order proceedings. He has extensive experience with domestic violence protection orders, stalking restraining orders, and harassment protective orders in Clark County. Mills provides knowledgeable, effective representation in all phases of Nevada protective order matters.
Practice Overview: Restraining Orders in Nevada
Nevada restraining orders (Protective Orders) are court orders prohibiting a person from contacting, harassing, or coming near another person. Nevada courts issue Temporary Protection Orders (TPOs) on an expedited basis (NRS 33.017–33.100) without the restrained person present, typically within 24 hours of filing. A full hearing for an Extended Protection Order (EPO) is scheduled within 30 days. Violations of protection orders are criminal offenses under NRS 33.100. Las Vegas's Eighth Judicial District Court and Justice Court both handle protection order cases. An attorney can help whether you are seeking protection or defending against an unjust restraining order.
Frequently Asked Questions
How do I get a restraining order in Las Vegas?
File a Verified Application for a Temporary Protection Order (TPO) at the Clark County Eighth Judicial District Court (RJC, 200 Lewis Ave) or the appropriate Justice Court. The application must describe the harassment, stalking, sexual assault, or domestic violence in detail. A judge reviews the application and, if grounds are met, issues a TPO the same day or within 24 hours. A full hearing for an Extended Protection Order is typically set within 7–30 days, where both parties appear. An attorney can help you complete the application and represent you at the hearing.
What is the difference between a TPO and an EPO in Nevada?
A Temporary Protection Order (TPO) is issued ex parte (without the other side) based on the petitioner's application, and lasts until the full hearing (typically 7–30 days). An Extended Protection Order (EPO) is issued after a hearing where both parties have an opportunity to appear and present evidence. EPOs last up to 2 years (renewable). Nevada also has a category of Stop Harassment Orders for non-domestic situations. An attorney can advise on which type of order fits your situation.
Can a restraining order be contested or modified in Nevada?
Yes. The person subject to a protection order (the respondent) has the right to appear at the EPO hearing and contest the order with evidence and testimony. Grounds to contest include: the allegations are false, the claimed incidents don't meet Nevada's legal standards, or the petitioner has a history of false claims. Protection orders can also be modified (e.g., to allow contact for co-parenting purposes) or dismissed entirely. An attorney is particularly valuable for respondents facing unjust or exaggerated protection orders.
What are the consequences of violating a Nevada restraining order?
Violating a protection order is a criminal offense under NRS 33.100 — a misdemeanor for a first offense (up to 6 months in jail and $1,000 fine), a gross misdemeanor for a second offense, and a category C felony for a third or subsequent offense or if the violation involved physical force. Immigration consequences may also apply for non-citizens. If you are subject to a protection order, comply with all its terms strictly and consult an attorney about your options to modify or dismiss it.
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