Enforcing A Protection Order
Violation of a protection order is a crime punishable by fines and imprisonment. Violation of a protection order is also a civil contempt of court.
If the protection order you obtained from the court is violated by the “adverse party” (the person the order was issued against), you should call the police and report the incident immediately!
- Call 911 if the situation is an emergency that requires immediate assistance, the fire department, or an ambulance.
- Call 311 if there is no immediate threat to life or property.
Keep a written record of any contact, harassment, or abuse by the adverse party, including the date and time of the incidents and the names of witnesses. If the police do not respond to your call, go to the local police station and make a voluntary statement concerning the violation. Save answering machine recordings, caller ID reports, or any other evidence of telephone calls or e-mails that violate the order. Get medical treatment for injuries right away.
TIP! Keep a copy of your protection order with you at all times. Give copies to your employer, your school, and your landlord.
Q&A – Enforcing Your Protection Order
Should I file something with the court to notify it that my protection order was violated?
In addition to calling the police, you should file a motion with the court to request that the adverse party be held in contempt of court for violating your protection order. The court will review your motion and decide whether a hearing should be scheduled.
- If you obtained a protection order and wish to request the court enforce it, click under the form title below:
MOTION TO ENFORCE ORDER FOR PROTECTION
For general tips and instructions on how to fill out and file your documents, click to re-read Protection from Harm to Children; Protection from Sexual Assault; Protection from Stalking, Aggravated Stalking, or Harassment; or Protection from Workplace Harassment.
If the court holds the adverse party in contempt, what is the penalty?
If the judge holds the adverse party in contempt of court, the adverse party can be punished by a fine of up to $500 and imprisoned for up to twenty-five days.
Criminal contempt can also be prosecuted as a misdemeanor criminal case, punishable by imprisonment in jail for up to six months and a fine of up to $1,000.
Are there other penalties if the adverse party violates my order?
A person who intentionally violates a temporary order is guilty of a gross misdemeanor, which is punishable by not more than one year in jail and a fine up to $2,000. A person who intentionally violates a TPO against workplace harassment is guilty of a misdemeanor, unless the law provides for a more severe penalty.
A person who intentionally violates an extended order is guilty of a category C felony, which is punishable by not less than one year or more than five years in Nevada State Prison and a fine up to $10,000.
If the act that constitutes the violation of the order is itself a felony, the adverse party will be punished by imprisonment in the state prison for a minimum term of not less than one year and a maximum term of not more than twenty years, in addition to whatever prison term is prescribed for the crime.