TEMPORARY ORDER OF PROTECTION
Temporary Protective Orders or TPOs are granted by the Court in cases where the Applicant is in imminent harm of danger from another person. In cases where that danger comes from a family member or former boyfriend or girlfriend, TPOs are filed at the Family Court. If the danger comes from someone else, the TPO is filed in the jurisdiction where the Applicant lives.
TPOs are granted only when the Court feels that the danger to the Applicant is sufficient to warrant the granting of the Order. Accordingly, when applying for a TPO, it is important to be very specific, detailed, and to provide dates of when danger has occurred in the past. TPO applications that are too vague are generally rejected. The Court may also require a Hearing to ensure that a TPO Application that is too vague or otherwise leaning toward deficient is either granted or rejected as is appropriate.
TPOs are generally granted on an Ex-Parte basis. This means that after the Applicant turns in the application for a TPO, the application goes directly to the judge without being served on the other party. Only after the TPO is granted does the other party find out about it after being served with a copy of the TPO. If the TPO is granted by the Court but not yet served, it is not yet considered to be in force. However, after the TPO is served, it is generally valid for thirty (30) days.
In filing a TPO, if the Applicant wishes the TPO to be valid for a period longer than thirty (30) days, the Applicant must so specify in the Application. In Nevada, an Applicant for a TPO may request an extension of the TPO for up to an additional year. However, to have the TPO granted for more than thirty (30) days, the Court must hold a Hearing to determine the merit of a TPO.
In Family Court TPO’s, if an application for a TPO is filed and there is a pending Family Court case, the TPO Court may submit the case to the Judge assigned to the Family Court case. In those cases, it is very important that the allegations in the TPO application match those in the Family Court case.
At Smith Legal Group, we are experienced in filing TPO Applications. More importantly, the majority of TPO Applications that we file get granted. If you are being harassed or feel that you are in danger call Smith Legal Group to discuss the possibility of filing a TPO. We will take the time to evaluate your case and discuss the propriety of filing a TPO case. Once filed, we will represent you at any Hearings that are scheduled so that your chances of obtaining a TPO are maximized.