What Happens If You Violate a Restraining Order in Nevada: Key Facts

Imagine this: you open your phone and realize a simple message or accidental “pocket dialing” could be interpreted as a violation of a restraining order. In Nevada, that small action can spiral into a criminal offense, leading to arrest, jail time, and long-term consequences for your record, family, and future.

A protective order, also known as a restraining order, is not just a piece of paper; it’s a court order with strict rules that legally bind the person it’s issued against, called the adverse party. Violating even one term, intentionally or accidentally, can place you at risk of being found criminally liable and facing up to six months in jail or, in more serious cases, years in Nevada State Prison.

These orders are meant to protect individuals who may be at risk of domestic violence, harassment, stalking, or sexual assault. But when the adverse party violates the terms, whether through direct contact, social media, or showing up at an ex-girlfriend’s house, the penalties can escalate quickly.

Understanding what happens if you violate a restraining order in Nevada can mean the difference between protecting your freedom and facing a life-changing criminal record.

Overview: How Nevada Law Defines a Protective Order

Under Nevada law, a protective order is a court order designed to prevent harassment, abuse, or contact between two parties. Once a temporary order is issued, local law enforcement is empowered to enforce it immediately.

These orders can arise from domestic abuse, workplace harassment, or conflicts involving family members or dependent adults with mental or physical disabilities. Regardless of the situation, once the order is properly served, the adverse party must comply with every condition until the judge’s decision modifies or dismisses it.

Types of Restraining and Protective Orders in Nevada

Nevada offers several forms of protection depending on the relationship, urgency, and severity of the alleged threat.

Temporary Protective Order (TPO)

A temporary protective order is often issued in emergencies to prevent immediate danger. Judges can issue one based on limited evidence—sometimes the same day it’s requested. A TPO typically lasts up to 45 days and remains in effect until a court hearing determines whether an extended order should replace it.

Extended Protective Order

After a hearing, the judge may issue an extended protective order, which can last up to one year. These orders often impose stricter rules, such as prohibiting all contact, avoiding specific locations, and surrendering firearms. If an adverse party intentionally violates these terms, it may lead to category C or category D felony charges.

Civil Harassment Restraining Order

A civil harassment restraining order protects people outside domestic or family relationships. Commonly used in workplace harassment or neighbor disputes, these orders carry the same legal force as domestic orders.

Dependent Adult or Vulnerable Adult Restraining Order

A dependent adult restraining order safeguards elderly individuals or those with physical or mental disabilities from exploitation, neglect, or abuse. Violations can result in severe penalties, including felony charges and years in prison.

What Constitutes a Violation of a Restraining Order

A protection order violation occurs when the adverse party violates any restriction outlined by the court. Common forms include:

• Contacting the protected person by phone, text, e-mail, or social media.
• Visiting restricted areas, such as the applicant’s home, school, or place of work.
• Possessing weapons or firearms after the court has ordered their surrender.
• Continuing harassment or stalking, whether in person or through third parties.

Even indirect or unintentional contact—like a “like” on social media or a call made by mistake—can lead to arrest if the court finds the action intentional or negligent. Once properly served, the adverse party must strictly follow every term of the court order.

Immediate Consequences of a Violation

When local law enforcement receives a police report about a possible protection order violation, officers can arrest the adverse party on the spot without a warrant.
In most cases:

• Police investigate the alleged victim’s complaint.
• If probable cause exists, the person is arrested and detained.
• A court hearing is scheduled to determine if the violation occurred.

Suppose the judge finds the adverse party intentionally violated the protection order. In that case, penalties can range from a gross misdemeanor for a first offense to a category C felony punishable by one to six years in Nevada State Prison.

Misdemeanor vs. Felony Penalties Under Nevada Law

The penalties depend on the nature and intent of the violation, the person’s criminal history, and whether violence or threats were involved.

Gross Misdemeanor (First Offense)

A first violation is generally classified as a gross misdemeanor and may result in:

• Up to six months in jail,
• Fines up to $1,000, and
• Mandatory counseling or probation.

Category C or D Felony (Repeat or Severe Violations)

If the adverse party intentionally violates the order again, or if the conduct includes threats, weapons, or physical violence, the charge can escalate to a category C or D felony.
These charges carry:

• One to six years in state prison,
• Higher fines, and
• A permanent criminal record.

Repeat offenders, especially in cases tied to domestic violence, can face more severe penalties and loss of custody rights.

Civil vs. Criminal Violations and Standards of Proof

Violations may lead to civil contempt or criminal charges, each with different standards of proof:

• Civil Contempt: Used to compel compliance. The standard is a preponderance of the evidence, meaning it’s more likely than not that a violation occurred.
• Criminal Contempt: Reserved for willful or intentional violations. Here, prosecutors must prove guilt beyond a reasonable doubt.

This distinction matters because civil contempt focuses on enforcing the conduct orders, while criminal contempt punishes disobedience of a court order as a separate charge.

Law Enforcement, Courts, and Legal Procedures

Once a report is filed, police officers investigate, gather statements, review digital evidence, and submit their police report to the prosecutor.
During the court hearing, the judge will evaluate:

• Whether the order was properly served,
• The clarity of the court order,
• The intent behind the violation, and
• The credibility of witnesses and legal references.

Judges in Las Vegas and across Nevada handle these cases seriously because restraining orders often involve family members or domestic abuse allegations. A violation, even a minor one, can persuade the higher court to impose a more severe penalty or extend a protective order.

Defense Strategies for Restraining Order Violations

An experienced defense attorney can challenge the charges by examining every aspect of the case:

• Improper Service: If the order wasn’t properly served, the person cannot be held criminally liable.
• Lack of Intent: Demonstrating that the violation was accidental, such as pocket dialing or incidental public contact.
• Reasonable Doubt: Challenging the prosecution’s evidence, showing inconsistencies, or revealing that the order initially applies only under specific circumstances.
• Ambiguous Terms: Highlighting unclear or overly broad restrictions that are confusing.

Each of these defenses can prevent escalation to a felony and may help reduce or dismiss the charges entirely.

Collateral Consequences: How a Violation Affects Your Life

A protection order violation can ripple through every aspect of daily life:

• Child Custody Rules: Family courts prioritize child safety. Violations can result in restricted child visitation or loss of custody.
• Employment: A record of domestic violence or harassment can disqualify you from sensitive jobs or public service roles.
• Housing: Landlords often deny applicants with active criminal charges or gross misdemeanor convictions.
• Reputation: Beyond legal penalties, a violation can harm relationships with family members, employers, and your community.

Even if you’re falsely accused, the social stigma can persist long after the case is resolved.

Extending or Modifying Protective Orders

Protective orders can be modified, extended, or even dismissed. A temporary protection order may evolve into an extended protective order following a formal hearing.
If the adverse party believes conditions are unfair or impractical, their defense attorney can petition the court for a modification.

However, violating the order during its active period almost guarantees a higher court will impose stricter conditions or longer waiting periods for modification.

What to Do If You Are Accused of Violating a Restraining Order

If you’ve been falsely accused or believe the violation was accidental, take immediate action:

1. Contact a defense attorney who understands Nevada’s protective order laws.
2. Preserve all evidence—texts, e-mails, GPS logs, and messages that prove your compliance.
3. Avoid any contact with the protected person or their family members.
4. Document everything related to your movements and communications.
5. Attend all court hearings with your attorney to present a clear and factual defense.

Quick, strategic action can minimize the damage and help establish reasonable doubt in your case.

FAQ

What happens if you violate a restraining order in Nevada?

You may face arrest, a gross misdemeanor for a first offense, and up to six months in jail. Repeat or violent violations can lead to felony charges and years in prison.

Can accidental contact still be a violation?

Yes, even accidental contact, such as pocket dialing or replying to an e-mail thread, can be seen as a violation. Your attorney can argue lack of intent as a defense.

What’s the difference between a temporary and an extended protective order?

A temporary protective order lasts about 45 days. An extended protective order can last up to a year and often includes stricter conduct orders.

 How can a defense attorney help if I’m falsely accused?

Your defense attorney can collect evidence, challenge the police report, and create reasonable doubt in court to avoid a more severe penalty or a criminal conviction.

Conclusion

Violating a restraining order in Nevada is not a technical mistake—it’s a criminal offense that courts treat with utmost seriousness. Whether the issue stems from a domestic abuse case, workplace harassment, or a dependent adult restraining order, the stakes are high.

A first offense might bring a gross misdemeanor and up to six months in jail, but repeat or intentional violations can escalate to category C or D felonies, resulting in one to six years in Nevada State Prison and a permanent mark on your criminal record.

Even if you believe the court order is unfair or that the alleged victim exaggerated the situation, compliance is non-negotiable until the order is lifted or modified by a judge. Disobeying the strict rules—even through a misunderstood e-mail or accidental contact—can expose you to devastating legal, financial, and emotional consequences.

If you’re facing allegations that you intentionally violated a protective order, you need to act fast. A skilled defense attorney can review the police report, challenge weak evidence, and present a strong defense based on reasonable doubt.

At The Defense Firm, we understand how quickly a misunderstanding can turn into a situation that is criminally liable. Our experienced attorneys in Las Vegas and across Nevada are ready to fight for your rights, clear your name, and protect your future.

Don’t face the court alone. Contact The Defense Firm today for a confidential consultation and take the first step toward reclaiming your peace of mind.