How to Get a Restraining Order in Nevada (2026): Temporary and Extended Protective Orders

By John Quigley · NevadaAttorneyFinder.com · Updated May 30, 2026

This article is for informational purposes only and does not constitute legal advice.

If you are in an unsafe situation in Nevada, a protective order — commonly called a restraining order — is one of the most powerful legal tools available to you. Nevada law under NRS 33.018 allows courts to issue orders that prohibit an abuser from contacting you, coming near your home or workplace, and in many cases, require them to surrender firearms. This guide walks you through exactly how the process works in Las Vegas and Clark County: who qualifies, what forms you need, what to expect on the day you file, and what happens at the extended order hearing.

What Is a Protective Order in Nevada?

Nevada uses the term "protective order" rather than "restraining order," though both terms refer to the same court-issued document. Under Nevada Revised Statutes Chapter 33, a protective order is a civil court order that legally prohibits one person from taking certain actions toward another. It is separate from any criminal charges that may be filed — you can obtain a protective order even if no criminal case has been opened.

There are two main types of protective orders in Nevada:

• Temporary Protective Order (TPO): Issued on an emergency, same-day basis without prior notice to the adverse party. It lasts up to 30 days and is intended to protect you while the court schedules a full hearing.
• Extended Protective Order (EPO): Issued after a hearing where both parties have an opportunity to present evidence. An EPO can last up to 2 years, and in cases involving repeated or extreme violence, courts have authority to issue orders for up to the lifetime of the abuser.

Nevada also has a third category — the "Workplace Order for Protection" — which can be sought by employers on behalf of employees who are facing harassment or threats from someone unrelated to a domestic situation. This article focuses primarily on domestic violence protective orders under NRS 33.018.

Who Qualifies for a Domestic Violence Protective Order in Nevada?

Under NRS 33.018, a person may petition for a protective order if they have been the victim of domestic violence committed by someone they have a qualifying relationship with. Nevada defines domestic violence broadly under NRS 33.018 to include physical violence, sexual assault, stalking, harassment, intimidation, unlawful imprisonment, and willful deprivation of necessities.

Qualifying Relationships

You must have a specific relationship with the adverse party to seek a domestic violence protective order. These qualifying relationships include:

• Current or former spouses
• People who are dating or have dated (romantic partners or former romantic partners)
• People who have a child in common
• Current or former household members (roommates, cohabitants)
• Blood relatives or relatives by marriage
• Minor children of the petitioner or adverse party

If the person harming you does not fall into one of these categories — for example, a coworker or stranger — you may instead seek an Order for Protection Against Harassment in the Workplace (NRS 33.270) or a General Order for Protection Against Stalking or Harassment (NRS 200.591).

What Counts as Domestic Violence Under Nevada Law?

Under NRS 33.018(1), domestic violence encompasses a wide range of conduct, not just physical hitting or assault. Qualifying acts include:

• Battery — any unlawful, harmful, or offensive physical contact
• Assault — placing you in reasonable fear of imminent harm
• Compelling you through force or threat of force
• Sexual assault
• Stalking under NRS 200.575
• Arson, destruction of private property, trespassing, larceny, or unlawful entry into your home
• Harassment under NRS 200.571
• Injuring or killing a pet (this is specifically included in Nevada law)

You do not need to show physical injury to qualify. Emotional abuse, threats, and stalking behavior are all legally recognized as grounds for a protective order in Nevada.

Where to File: Family Court vs. Justice Court in Clark County

In Clark County (which includes Las Vegas, Henderson, North Las Vegas, Boulder City, and Mesquite), the court you file in depends on the nature of your situation:

Clark County Family Court (Eighth Judicial District)

The Family Court Division handles the vast majority of domestic violence protective orders in the Las Vegas metro area, particularly when the case involves spouses, dating partners, co-parents, or household members. The Family Court is located at 601 N. Pecos Road, Las Vegas, NV 89101. The self-help center is available Monday through Friday and staff can assist you with forms — though they cannot give legal advice.

Las Vegas Justice Court

The Las Vegas Justice Court (200 Lewis Avenue, Las Vegas) handles protective orders in certain situations, including orders against harassment from non-family members and some matters where the parties are not co-habitants. If you are unsure which court applies to your situation, the Family Court clerk can point you to the right venue.

Henderson and North Las Vegas Justice Courts

If you live in Henderson or North Las Vegas and your situation involves parties who are not connected by family or household status, you may be directed to the Henderson Justice Court (243 Water Street) or the North Las Vegas Justice Court (2332 N. Las Vegas Blvd) for non-domestic protective orders.

Step-by-Step: How to File for a Temporary Protective Order in Nevada

Step 1: Gather Your Information Before You Go

Before heading to the courthouse, it helps to have the following information ready:

• The full legal name of the adverse party (the person you are seeking protection from)
• Their current address and place of employment, if known
• A description of the most recent incident of violence or threat (date, location, what happened)
• Any prior incidents you can describe or document
• Evidence you already have, such as screenshots of threatening texts or emails, photos of injuries, or a copy of a police report
• Names of any witnesses who observed incidents
• Your own address, or a P.O. Box if you want to keep your home address confidential from the adverse party

Note: You are permitted to use a P.O. Box or other address on the petition to protect your residential address. The court will keep your actual address confidential from the adverse party if you request it.

Step 2: Obtain and Complete the Petition Packet

At the Family Court clerk's office, ask for the protective order packet. The key form is the AOE-101: "Application for a Temporary and Extended Order for Protection Against Domestic Violence." The packet typically includes:

• The petition form itself, where you describe the relationship and the acts of domestic violence
• A declaration form where you state under penalty of perjury what occurred
• A confidential information sheet
• Instructions for service of process

Write clearly and specifically. Judges reviewing TPO petitions look for specific facts: dates, locations, what was said or done, and why you fear for your safety. Vague statements like "he is abusive" are less compelling than "on May 15, 2026, he grabbed me by the throat and told me he would kill me if I left." The more detailed and specific your account, the stronger your petition.

Step 3: File with the Clerk — No Filing Fee

Submit your completed petition to the clerk. Under Nevada law, there is no filing fee for a domestic violence protective order petition. This is intentional — the legislature has explicitly waived fees under NRS 33.080(9) to ensure that financial hardship does not prevent victims from seeking protection.

The clerk will review your paperwork for completeness and submit it to the duty judge for review. In Clark County, a duty judge is available every day the courthouse is open for exactly this purpose.

Step 4: Judge Reviews Your Petition (Same Day)

Under NRS 33.020(2), the judge is required to review your TPO petition on the same day it is filed. If the judge determines that the petition shows reasonable grounds to believe that an act of domestic violence has occurred, they will issue the Temporary Protective Order — without any advance notice to the adverse party (called an "ex parte" order).

If for some reason the judge is not immediately available, the matter is scheduled no later than the next business day. In practice, at Clark County Family Court, TPOs are typically signed within a few hours of filing.

The TPO is effective for up to 30 days from the date of signing. During that time, the court will schedule the extended order hearing.

Step 5: Service of Process

The Temporary Protective Order is not enforceable until it has been personally served on the adverse party. After your TPO is signed, law enforcement (typically the Clark County Sheriff or LVMPD) will serve the order on the adverse party. This service is free of charge — you do not pay for it.

You will receive certified copies of the TPO. Keep one with you at all times. Keep one at home. Give a copy to your children's school, your employer, and any other location where you regularly spend time. If law enforcement needs to respond to a violation, having the order available speeds up their response.

What a Nevada Protective Order Actually Prohibits

Under NRS 33.030, a Nevada protective order can include any or all of the following provisions:

• No-contact: Prohibits the adverse party from contacting you by phone, text, email, social media, or through third parties
• Stay-away: Requires the adverse party to stay a specified distance (often 100 to 500 feet) from your home, workplace, vehicle, and school
• Move-out order: Requires the adverse party to vacate a shared residence, even if they are on the lease, while the order is in effect
• Temporary custody: Awards you temporary legal custody of your minor children during the pendency of the order
• Firearms surrender: Requires the adverse party to surrender all firearms to law enforcement. Under both Nevada law and federal law (the Lautenberg Amendment), possession of firearms while under a domestic violence protective order is a crime.
• Other specific provisions: Such as prohibiting the adverse party from coming near specific people (like your parents or children's caregivers)

When you fill out your petition, you can request specific provisions. Be thorough — list every location you need protected and every form of contact you want prohibited. If you have children, explicitly request temporary custody provisions if the adverse party also lives with or has access to the children.

The Extended Protective Order Hearing

Within 30 days of the TPO being issued, the court will schedule a hearing on whether to grant an Extended Protective Order (EPO). This hearing is different from the TPO process — both parties appear, both have the right to present evidence, and both may be represented by attorneys.

What to Bring to the Hearing

Prepare your evidence carefully before the hearing date. Evidence that courts find persuasive includes:

• Printed screenshots of threatening texts, voicemails, emails, or social media messages
• Photographs of injuries, damaged property, or the scene
• Medical records documenting injuries
• Police reports from any incidents that were reported
• Hospital or emergency room records
• Journal entries or notes you made contemporaneously (at or near the time) of incidents
• Witness testimony from neighbors, family members, coworkers, or others who witnessed events
• 911 call records (these can be requested from LVMPD or Clark County dispatch)

Organize your evidence chronologically. Be prepared to testify about what happened, when it happened, and why you believe you are still in danger. The judge will ask questions.

What the Adverse Party Can Do at the Hearing

The adverse party has a constitutional right to notice and an opportunity to be heard at the extended order hearing. They may appear and challenge your account, present their own evidence, call witnesses, and cross-examine you. If the adverse party appears with an attorney and you do not have one, you are at a significant disadvantage.

This is the primary reason family law attorneys recommend seeking legal representation before the extended order hearing, even if you successfully filed the TPO on your own.

What the Judge Considers Under NRS 33.080

Under NRS 33.080, the court may issue an Extended Protective Order upon a finding that the adverse party committed an act of domestic violence. The standard is a preponderance of the evidence — meaning it is more likely than not that domestic violence occurred. This is a lower burden than the "beyond a reasonable doubt" standard used in criminal cases.

Duration of the Extended Protective Order

An EPO under Nevada law can be granted for a period of up to 2 years. At the end of that period, you may petition to renew it. In cases involving extreme or repeated violence, or where there is a conviction for a felony involving domestic violence, courts may issue an order for the lifetime of the adverse party. The duration requested in your petition and the evidence presented will influence how long the court makes the order.

Violating a Protective Order: What Happens to the Adverse Party

Violating a Nevada protective order is a serious criminal offense. Under NRS 33.100:

• A first violation is a misdemeanor, punishable by up to 6 months in jail and a $1,000 fine
• A second or subsequent violation within 7 years is a gross misdemeanor, punishable by up to 364 days in jail and a $2,000 fine
• If the violation involves any act of domestic violence or battery, the charge can be elevated to a felony

If the adverse party violates your protective order, call 911 immediately. Law enforcement takes protective order violations seriously in Clark County, and officers are required to make an arrest when there is probable cause to believe a violation occurred. You should also contact the court and, if you have an attorney, your attorney.

Do not let the adverse party convince you that a single contact "doesn't count" or that you can allow exceptions. Any contact — even contact you permitted — can complicate future enforcement. If you want to modify the terms of the order, do so through the court, not informally.

Do You Need an Attorney to Get a Restraining Order in Nevada?

Nevada law does not require you to have an attorney to file for a protective order. The courthouse provides self-help resources, and the filing fee is waived. Many people successfully obtain TPOs on their own.

However, there are several situations where having an attorney can make a significant difference:

When an Attorney Is Strongly Recommended

• At the extended order hearing: If the adverse party has an attorney — which is common, especially in contentious divorce or custody situations — appearing without representation puts you at a disadvantage. An attorney can help you present evidence effectively and respond to cross-examination.
• When children are involved: If you are seeking temporary custody as part of the protective order, an attorney can help ensure the custody provisions are properly worded and enforceable.
• When property issues arise: If you need the adverse party to move out of a jointly owned or leased home, legal representation helps ensure the move-out provision is properly crafted and enforced.
• When there is a parallel criminal case: If the adverse party has been arrested or charged, your protective order may interact with criminal case proceedings. An attorney familiar with both the civil and criminal sides can help you navigate this.
• If the adverse party contests the order aggressively: Some adverse parties hire attorneys who aggressively challenge the petition, attempt to flip the narrative, or file counter-petitions. Having your own attorney levels the playing field.

Free Legal Resources in Las Vegas

If cost is a concern, there are free or low-cost legal resources available to domestic violence survivors in Clark County:

• Nevada Legal Services: Provides free civil legal help to qualifying low-income residents, including protective order assistance
• Legal Aid Center of Southern Nevada: Offers free legal representation for domestic violence survivors at the extended order hearing
• SafeNest (702-646-4981): Nevada's largest domestic violence organization offers support, advocacy, and referrals to legal resources
• Nevada Coalition to End Domestic and Sexual Violence: Maintains a directory of local resources and hotlines

NevadaAttorneyFinder.com also lists experienced family law attorneys in Las Vegas who handle protective orders and domestic violence cases — many offer free initial consultations.

Special Situations: Children, Firearms, and Cross-Petitions

Protective Orders When Children Are Involved

When children are part of your household, the stakes in a protective order case are higher. Under NRS 33.030(1)(e), the court may grant temporary custody of the minor children to the petitioner as part of the protective order. This provision is especially important if you fear the adverse party may attempt to take the children, use the children to contact you, or endanger the children.

Note that the custody granted in a protective order is temporary — it is not a final custody determination. Permanent custody arrangements are addressed separately in family court divorce or custody proceedings. However, the protective order's temporary custody provision is enforceable by law enforcement during its duration.

Firearms and Nevada Protective Orders

Once a protective order is granted, the adverse party is legally prohibited from possessing firearms under both Nevada state law and federal law. Under NRS 33.031, the court order must require the adverse party to surrender all firearms to law enforcement within 24 hours of service of the order. This is not optional — it is a mandatory requirement.

If you know or suspect the adverse party possesses firearms, make sure to note this in your petition. Law enforcement will follow up on surrender compliance. If the adverse party fails to surrender firearms, this is an additional criminal violation.

If the Adverse Party Files a Counter-Petition

In some contentious situations, the adverse party may respond to your protective order by filing their own petition (a "cross-petition") against you. This is a tactic sometimes used to complicate the proceedings. If this happens:

• Do not panic — counter-petitions do not automatically cancel your petition
• The court will review both petitions at the extended order hearing
• The judge will evaluate the evidence presented by both parties
• Nevada courts are experienced at identifying retaliatory petitions

If you face a cross-petition, this is one of the clearest situations where having legal representation is critical. Contact an attorney as soon as possible.

After the Order: Staying Safe and Enforcing the Order

Obtaining the order is an important step, but your safety planning does not stop there. Here are practical steps to take once your protective order is in place:

• Serve copies widely: Give certified copies to your employer's security, your children's school and daycare, your building management, and anyone else the adverse party might approach to contact you
• Register the order: Nevada participates in the National Crime Information Center (NCIC) database. Ask the clerk to ensure your order is entered into NCIC so that law enforcement anywhere in the country can verify it
• Document all violations immediately: If the adverse party contacts you in any way, save and screenshot every message. Call 911 for any in-person approach. Write down dates, times, and exactly what happened
• Review your digital security: Change passwords on all accounts, especially email, banking, and social media. Check whether any shared devices or accounts might allow the adverse party to track your location
• Update your address with the court: If you move, notify the court so you continue to receive hearing notices. Use a P.O. Box to keep your new address confidential
• Plan for the renewal: As the EPO approaches its expiration date (up to 2 years), you can petition the court to renew it. File the renewal petition before the order expires

Frequently Asked Questions