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A restraining order or protective order can turn your life upside down in an instant. You may suddenly be barred from your own home, restricted from seeing your children, or prohibited from contacting a family member or loved one. These orders are serious, and violating them can lead to criminal charges and jail time.
At The Defense Firm, we provide aggressive and strategic representation for those fighting restraining orders issued under Nevada law. Whether it’s a domestic violence protection order or a temporary protective order (TPO) related to alleged harassment or domestic abuse, our experienced attorneys know how to challenge false allegations and restore your rights.
Understanding Restraining and Protective Orders
A protective order—sometimes called a restraining order—is a court order that prohibits one person from contacting or approaching another. It’s designed to protect victims of alleged domestic violence, sexual assault, or harassment.
There are two main types of protection orders:
- Temporary Orders, which can be granted ex parte (without your presence) based solely on the petitioner’s claims.
- Permanent Protective Orders, which may last for months or years, are issued after a court hearing where both parties can present evidence.
Understanding how these orders are filed, served, and granted is essential to mounting a proper defense.
The Process: From Notice to Court Hearing
Once a petition for a protection order is filed, the court typically issues a temporary order immediately and sets a court date for a full hearing. You will receive notice of this hearing, and it’s critical to act quickly.
As the respondent, you have the right to present evidence, cross-examine witnesses, and challenge the petitioner’s claims. This is your opportunity to prove that the order is unnecessary, based on false allegations, or supported by insufficient proof.
Our defense lawyers guide you through this process step by step—ensuring your legal rights are protected from the moment you’re served.
Common Reasons Protective Orders Are Filed
Protective orders are often filed in emotionally charged situations involving:
- Domestic violence or threats of harm
- Former spouses disputing child custody or child support
- Family members living in the same household
- False claims made during relationship breakdowns
Unfortunately, these orders can be misused to gain leverage in divorce, custody, or property disputes. We’ve seen countless cases where an alleged victim exaggerates or fabricates abuse to manipulate the legal process.
Our job is to expose these tactics and present the necessary evidence that reveals the truth.
What Happens During the Court Hearing
At the court hearing, a judge reviews the petition and determines whether the protective order should remain in place. Both sides may call witnesses, submit witness statements, and introduce text messages, emails, or other forms of evidence.
Our attorneys prepare every detail of your own case—from gathering witness testimony to reviewing police reports and cross-examining the petitioner. We highlight inconsistencies in the petitioner’s claims and demonstrate to the district court that the order lacks merit.
If the judge decides to make the order permanent, we can appeal or request a modification later, depending on new facts.
Fighting False Allegations of Domestic Violence
Many domestic violence protection orders stem from one-sided stories told in the heat of conflict. But under Nevada law, a person can be falsely accused of domestic abuse, harassment, or threats based on minimal evidence.
Our defense attorneys know how to handle domestic violence cases in criminal court and family court alike. We carefully review every document, uncover missing context, and challenge any petitioner’s claims that are unsubstantiated.
If a restraining order has already been granted, we can move to have it dismissed or limited to allow contact where appropriate—especially in matters involving child custody or shared property.
Proving Your Case: Evidence That Matters
To defend against a protection order, our team builds a strong factual record. We collect:
- Text messages, call logs, and social media posts show the true relationship dynamics.
- Witness statements contradicting the petitioner’s claims.
- Evidence that no physical harm or threats occurred.
- Proof of false allegations or motives tied to custody or financial disputes.
Our attorneys know how to present this evidence effectively, following proper legal proceedings and court rules. The goal is always to demonstrate to the judge that the petition was unnecessary or retaliatory.
Consequences of a Protective Order
Even though a protective order isn’t a criminal conviction, violating one can lead to criminal charges, jail, fines, and a criminal record. In addition, these orders can:
- Affect child custody and visitation
- Restrict firearm ownership
- Damage your reputation and career
A permanent protective order can also affect your ability to live or work in certain areas, especially if your job involves security clearance or public trust. That’s why having an experienced attorney is essential before any court hearing.
How Our Law Firm Can Help
At The Defense Firm, we treat every case with urgency and attention to detail. Our criminal defense lawyers understand how restraining orders are weaponized in both civil and criminal cases. We:
- Analyze witness statements and evidence line by line.
- Expose false allegations and inconsistencies.
- Argue effectively in district court to protect your rights.
- Seek to dismiss or modify restrictive court orders.
We also advise clients on related criminal cases—including domestic violence, sexual assault, or aggravated battery—to ensure no parallel charges catch you off guard.
FAQ
What should I do after receiving notice of a restraining order?
Do not contact the petitioner or attempt to explain your side directly. Instead, contact a lawyer immediately to review the allegations and prepare your defense.
What happens if I violate a protective order?
Violating a court order is a criminal offense that can lead to arrest. You must maintain a certain distance and comply until your attorney can request a modification.
Can a protective order affect custody or child support?
Yes, A protection order can influence child custody, child support, and visitation schedules, especially in domestic violence allegations.
Can I fight a permanent protective order?
Absolutely. With proper legal representation, you can present evidence to show the judge that ongoing restrictions are unnecessary or harmful.
Conclusion
A restraining order can alter every part of your life, from where you live to who you see. But with the right legal representation, you can fight back. Our defense attorneys know how to challenge weak petitions, protect your rights, and rebuild your reputation.
If you’ve been served with a protective order, don’t wait for your court hearing to approach—act quickly. Every day matters in these legal proceedings.
Contact The Defense Firm today for a free consultation. Let us help you gather evidence, challenge false allegations, and fight for your future.