By Orita Keebaugh
Special to The R-C
A temporary protective order is also referred to as a temporary restraining order. The following is a description of what it is and when it possibly may be needed.
The 1985 Nevada Legislature provided a procedure allowing persons in specified circumstances to obtain court protection against domestic violence. Under the law, domestic violence occurs if a person commits a specific unlawful act, and that person has a specific domestic relationship to the victim of the unlawful act.
The following is a list of unlawful acts, threatened acts or committed acts upon or against a victim of domestic violence: battery, assaults, coercion, sexual assaults, false imprisonment or unlawful/forcible entry into the residence of another.
Here is a list of specific relationships protected against such conduct which the justice court judge will take into consideration to approve or deny the temporary protective order: a blood relative, a person related by marriage to the adverse party, a person who either has a child in common with the adverse party or who is or was actually residing with the adverse party; a minor child, or the minor child of the adverse party.
If you feel you are a victim of domestic violence and need protection from your perpetrator/adverse party, go to the Douglas County Justice Court Clerk's window on the second floor of the sheriff's department on Buckeye Road to request a temporary protective order application.
The Family Support Council will be notified and will respond within 15 minutes. The process usually takes about 90 minutes.
If the TPO is approved, officers need an address to serve the adverse party. Necessary information for the order is the physical address of the adverse party's home and work information " address, days/hours. It's a good idea to write down the reasons you need the TPO. If all of the criteria and conditions are met and are approved by the justice court judge, the TPO will be active for 30 days from the day it is approved but does not take effect until the adverse party is served by law enforcement.
If necessary, a modification for extension can be requested by the victim prior to the expiration of the TPO by asking the justice court clerk, in person, for an extension. The court will schedule a hearing where both the victim and adverse party appear before the judge.
Violations of the TPO are: forbid the adverse party from threatening, physically injuring or harassing the victim and/or minor child either directly or through an agent; exclude the adverse party from the applicant's place of residence; prohibit the adverse party from entering the residence, school or place of employment of the applicant or minor child and order the adverse party to stay away from any specified place frequented regularly by them.
If you need protection from someone who is hurting you, perhaps while your children are watching, go to the justice court and ask for help.
For information, call the Family Support Council at 782-8692.
n Orita Keebaugh is temporary court order advocate for the Family Support Council
of Douglas County.
