In Nevada, the document most people know as a restraining order is technically called a “protective order.” It is a set of requirements ordered by a judge that mandate how an individual may or may not interact with another individual. If you find yourself the target of a protective order, you are in danger of accidentally violating it and facing the possibility of fines or even time in jail. Weiner Law Group can help you explain your situation to the court and avoid paying penalties and incurring a criminal record (see “Sealing Criminal Records“) over a misunderstanding.
Why Protective Orders Happen
If a person feels threatened by another person, he or she can ask the court for a protective order against them. The person seeking the order must show that they have good reason to be afraid of some kind of criminal action, ranging from harassment to assault. Each protective order is unique; the requirements that the judge sets are tailored to match the nature and level of the perceived threat.
As you can see, it can be very difficult to adhere to the specifics of a protective order. Especially if you work with the person in question or live near them, you might accidentally violate an item on the order and find yourself the target of criminal charges. Without an attorney to get your charges dismissed, you could suffer a conviction for doing hardly anything at all.
Fortunately, in Nevada the court understands that it is easy to violate a restraining order without intending to do so. The problem is that a prosecutor knows how to build up testimony and evidence to make it look as if you acted deliberately and wanted to hurt someone. We help you oppose those efforts by showing that:
- You had no intention of violating the order, and perhaps didn’t even know the person in question was in the area. No matter what your history with the person was in the past, if you didn’t approach them on purpose in this instance, you should not be convicted for doing so.
- The court did not correctly communicate the requirements of the protective order to you. There are many strict guidelines for the court when issuing an order, and failing to follow those guidelines excuses you from violating them.
- You did not violate the order at all. Sensitive or vindictive people often claim that someone violated a protective order when they didn’t, just to get them in trouble. We will make sure that a lie by someone else doesn’t result in a conviction for you.
If you need the help of a criminal defense attorney or information about restraining orders, call the Weiner Law Group at 702-202-0500 or fill out our contact form.