What Happens If You Violate a Protective Order in Nevada?

A protective order is not a mere technicality. Anyone subject to one in Nevada and who violates its terms, even once and even unintentionally, could be looking at a separate criminal charge that can make their legal situation significantly worse.

Understanding exactly what counts as a violation, and what the consequences are, isn’t optional if you’re operating under a protective order.

What Does a Protective Order Require?

Nevada courts issue two main types of protective orders in domestic violence cases: a temporary protective order (TPO), which can be granted quickly and often without the restrained party present, and an extended protective order, which follows a hearing and can last up to two years.

Most protective orders prohibit the restrained person from contacting the protected party in any form (in person, by phone, by text, through email, or through a third party). Many also require the restrained person to stay a certain physical distance from the protected party’s home, workplace, school, etc.. Some orders restrict firearm possession and even spell out living arrangements.

What Counts as a Violation?

A violation doesn’t require a confrontation or a threat, and it doesn’t require the other party to feel harassed or endangered. It just requires that you did something the order prohibits.

That means a single text message is a violation. Showing up at a location you were ordered to stay away from is a violation. Asking a mutual friend to pass along a message is a violation. Even if the protected party initiates contact, responding can still violate the order, because the order restricts your conduct, not theirs.

The Consequences of Violating a Protective Order

Violating a protective order in Nevada is a criminal offense under NRS 33.100. A first violation is a misdemeanor and can carry up to six months in jail and fines up to $1,000. However, a second violation within seven years is a gross misdemeanor, and a third violation is a Category C felony with a potential prison sentence of one to five years.

If the violation involves physical force, the threat of physical force, or a crime against the protected party, the charge can be elevated even higher, even if it’s a first offense.

Nevada is a mandatory arrest state for domestic violence-related offenses; law enforcement doesn’t have much discretion when a violation is reported. If there’s probable cause, an arrest follows.

How Does a Violation Affect the Underlying Case?

For anyone already facing domestic violence charges, a protective order violation damages the existing case. Prosecutors can argue that the violation shows consciousness of guilt, intent to intimidate, or a pattern of behavior. Judges can use a violation to make bail and sentencing decisions, too.

The Defense Options

Protective order violations don’t have to damage a legal case. An attorney can determine whether the order was properly served, whether the alleged contact actually meets the definition of a violation, and whether there are credibility issues with the complainant.

If you’ve been charged with violating a protective order in Las Vegas, contact CEGA Criminal Law Group today.