restraining order—also known as a protective order—has been issued against you
in Nevada, you may attempt to get it either lifted or dissolved. Only
a state court may life or dissolve a restraining order through a motion.
The following are the motion options available to lift a restraining order:
A motion to dissolve the protective order – If you believe the restraining order against you was inadequately
granted or no longer necessary.
A motion to modify the protective order – If you believe that the restraining order issued was too broad
in scope or overly burdensome.
An appeal to District Court – If there was an extended protective order issued. However, you
may not file an appeal if the court denied a motion to extend a protection order.
As far as filing a motion is concerned, the court will determine whether
or not to schedule a hearing. The party who requested the protective order
may appear at the hearing to oppose your motion. If the court grants your
motion at the conclusion of the hearing, the restraining order will instantly
In regard to appeals, the District Court will review your documentation
and other related information that was presented in the lower court. Keep
in mind, the Court will not hear any new evidence on an appeal. The Court
will then determine whether or not the Justice of the Peace mad any mistake
regarding law in granting the extended protection order. The Court may
issue an order to hear an oral argument, which you and the opposing party
may be required to submit written briefs. In the end, the District Court
may confirm, modify, or remove the restraining order.
The process of lifting or dissolving a Nevada restraining order can be
complicated. It is in your best interest to hire an experienced
criminal defense lawyer to file a motion or appeal on your behalf.
To schedule a
contact our Las Vegas criminal defense attorney at the
Law Office of David R. Fischer today.