ATTORNEYS FOR THE ADVERSE PARTY IN A TPO CASE
Serving the Areas of Clark County: Las Vegas, North Las Vegas, Henderson, Overton, Moapa Valley, Mesquite, and Laughlin
If false or exaggerated claims were made against you in a petition for a temporary protective order (TPO) case in Las Vegas, Clark County, NV, then you have come to the right place. We are experienced in representing the adverse party (often called the “respondent”) who wishes to respond to the petition for a temporary or extended protection order. In many of these cases, protection orders are being utilized in oppressive ways never envisioned by the Nevada Legislature.
Many of our clients wish to contest the issuance or continuance of a protective order at every stage. The adverse party can file a motion to dissolve the temporary protective order and present evidence at a hearing on the motion to dissolve. The adverse party is also entitled to be hearing at any hearing to extend the protective order. As a last resort, the adverse party can appeal the decision of the court to extend the protective order. No new evidence is heard on the appeal, so it is important to have a protective order lawyer present your side of the case during any hearing.
A motion to modify the Protective Order might also be filed and heard if the terms of the protective order are overly broad or oppressive. in the Motion to Modify the Protective Order, the adverse party is typically asking the court to keep the order in effect but change one or more of the terms.
Nevada law provides for three types of protective orders that are issued on a temporary or permanent basis:
- Protection Order Against Domestic Violence;
- Protection Order Against Stalking, Aggravated Stalking or Harassment;
- Protection Order Against Workplace Harassment; or
- Protection Order Against Sexual Assault.
If you were served with either a temporary or an extended protective order from a court in Las Vegas, Nevada, or throughout Clark County, then contact an experienced attorney at Mills & Anderson. We are experienced in filing and litigating motions to dissolve, rescind, or modify protective orders. We can help you fight against false or exaggerated claims. Call (702) 386-0030 today to discuss your case.
Filing the Motion to Dissolve the Protection Order in Las Vegas
If an Order for Protection Against Domestic Violence is issued against you, you are entitled to challenge the TPO by filing an ex parte motion to dissolve the order for protection. You can file the motion either with or without an attorney. You can also file an Ex Parte Motion to modify the order for protection. The Motion to Dissolve the Order for Protection allows you to contest any of the provisions or the issuance of the Protection Order. After the Motion to Dissolve the Order for Protection is file, the motion to contest will be set for an expedited hearing, usually within 10 days.
If false or exaggerated allegations were made, or of the allegations are insufficient then the adverse party (often called the “respondent”) should file a Motion to Dissolve the Temporary Protection Order. After the Motion to Dissolve the Protection Order is filed, the Court will schedule a hearing on the Motion.
The Court will provide at least two days notice to the applicant. The applicant is then permitted to appear at the hearing to oppose the Motion to Dissolve the Protection Order. If the Motion is granted after the hearing, then the Protection Order will become immediately void and unenforceable. In some jurisdictions, this is called rescinding an order of protection or moving to rescind a protection order.
Appeal from an Extended Protective Order
If the court issues an extended order for protection, then the adverse party can file an appeal to the district court. No appeal is allowed if the court denies an application to extend a protection order. In other words, the appeal is only allowed if the court grants the extension and the adverse party wishes to appeal that decision.
During the appeal, the district court will typically not hear new evidence that was not already presented during the hearing. Therefore, it is important to be properly represented at the hearing so that your side of the story and favorable evidence can be properly presented and admitted into the record.
On appeal, the district court will review the documentation and other information that was presented to the justice court during the hearing in order to decide whether the justice of the peace made any error of law in granting the extended protection order. On appeal, the district court can affirm, modify, or vacate the justice court’s order. This means that the district court can keep the protection order in place or the court can change the order or rescind it completely.
If the hearing on the extended protection order was recorded, the adverse party must order a copy of the hearing transcript from the court reporter and deposit a minimum of $100 with the court unless the estimate for the transcript is higher. See JCRCP 74(b). If the hearing was not recorded, then the adverse party must fill out and file the Statement of Evidence or Proceedings. After filing the notice of appeal, your attorney will also file a statement of points on appeal. Your attorney will also file the appellate brief that contains a statement of issues presented for review, a statement of the car, argument, and the conclusion. The brief will direct the District Court to the legal authority that supports the arguments in the brief.
The court requires a $97 filing fee to file an appeal. No bond needs to be posted. Filing the appeal paperwork does not change the validity or enforceability of the extended order.
Additional Resources on Responding to a Protection Order
What to do is Someone has Obtained a Protection Order Against You – Visit the website of the Clark County Courts to find what you should do if someone has obtained a protection order against you. The only way to have the protection order dissolved by the court is to file a Motion to Dissolve the protection order. If the court grants the motion after a hearing, then the protection order becomes immediately void and unenforceable. Also find the sample form used to file the Motion to Dissolve the protection order for stalking and harassment, workplace harassment, harm to minors and sexual assault. Also find miscellaneous information on enforcement of the order, responding to the protection order and additional laws, rules, and resources.
Mills & Anderson | Attorneys to Represent the Adverse Party in a Protection Order Case
If an extended protection order is issued, then the adverse party may file an appeal to the District Court and the District Court may affirm, modify or vacate the order. The extended protection order remained in effect during any appeal, unless the court orders otherwise. The law does require fees for an appeal.
The attorneys at Mills & Anderson or experienced in helping the person labeled as the “adverse party” fight to protect their rights after an Order for Protection Against Domestic Violence is issued by the court. We also represent clients in hearing for a protective order against stalking, aggravated stalking or harassment, workplace harassment, or sexual assault.
The attorneys at Mills & Anderson are experienced in filing the proper legal paperwork. These attorneys understand the laws and rules that govern these case as set out in the Nevada Revised Statutes, the Rules of Civil Procedure and the local rules governing the jurisdiction where your case will be heard. Call (702) 386-0030 to discuss your case today.
