Experienced Attorneys Helping with Modifications of Protection Orders
Serving These Areas in Nevada: Las Vegas, North Las Vegas, Henderson, Overton, Moapa Valley, Mesquite, Laughlin and Clark County
After the court issues a temporary or extended order of protection (sometimes called a “restraining order” or a “TPO”), Nevada law provides a mechanism to modify or dissolve that order. If the court granted an order of protection against you to prevent you from having any contact with another person, then follow the order exactly until it is modified or dissolved.
A protective order modification attorney can explain the modification to you. If you talk with the adverse party about a modification, that contact itself will be considered a violation of the protective order. For this reason, it is usually better to have an experienced lawyer help you with any modification action.
Whether you are the original petitioner or respondent in the underlying action, if you are interested in modifying or dissolving an order of protection against domestic violence, stalking or harassment and you have good cause for the request, then contact an attorney at Mills & Anderson to discuss your case. Until a restraining order is dissolved or modified or expires by its terms, it must be obeyed. Call (702) 386-0030 today to discuss your case.
Nevada Revised Statute 33.080(2) – Dissolution or Modification of a TPO
In many of these cases, the victim in the case who originally sought the issuance of the TPO will contact us because he or she wants to modify or dissolve the TPO and resume a relationship with the adverse party. In other cases, the respondent will contact us because the petitioner is causing them to violate the order by calling them or going to their home.
Never violate the order under any circumstances. If the petitioner now wants to have contact, the only appropriate response is to continue to follow the letter and spirit of the order and seek a dissolution or modification in front of the judge. In many cases, it is better to have a private attorney help you with this process so that no one can accuse you of violating the order.
NRS 33.080(2) provides:
“On 2 days’ notice to the party who obtained the temporary order, the adverse party may appear and move its dissolution or modification, and in that event, the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.”
Additional Resources
Modifying or Dissolving a Protection Order in Nevada – Visit the website of the Regional Justice Center in Las Vegas, Nevada, to learn more about the process of petitioning the court to modify or dissolve a temporary order of protection against domestic violence, stalking, aggravated stalking or harassment. Find the answers to frequently asked questions about filing a motion to dissolve, sample forms to modify the protection order, and appeals after an extended order for protection. Also find information on extending or enforcing a protection order.
Nevada Protection Order Handbook – The Clark County government website has published a “Nevada Protection Order Handbook” which was written by the Nevada Supreme Court. Find information on the procedure for filing for a protection order and the legal definition of a protection order, stalking, and harassment. The handbook provides information on the criminal penalties that can be imposed by the court after a violation of the protection order. The handbook has a section on legal remedies for the adverse party including the filing of a motion to dissolve, a motion to modify or an appeal to the District Court after an Extended Protection Order is issued.
Protective Orders in Henderson, NV – Learn more about temporary protective orders against harassment and stalking heard by the Henderson Justice Court. The Justice Court in Henderson does not issue Temporary Protective Orders Against Domestic Violence. The application should not be filed in Henderson, NV, unless the harassment or stalking occurred in the Henderson Township, and it was repetitive. The Justice Court in Henderson can also hear applications for an extended order of protection, or a request to modify, dissolve, or rescind the previously entered protection order.
