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Is It Possible to Get a Restraining Order Removed?

If a restraining order (protective order) was recently issued against you in Nevada, there is a chance that you can get it either lifted or dissolved. Depending on the circumstances of your case, a restraining order can only be lifted if you petition a Nevada court through a motion.

You have the following options to deal with a protective order:

  • File a motion to dissolve the restraining order
  • File a motion to modify the restraining order
  • File an appeal to District Court

Dissolving or Modifying a Restraining Order

If you believe that the protective order against you was granted in an improper fashion, or is no longer necessary, you can file a motion to dissolve it. On the other hand, if you think that the restraining order issued is too ambiguous in scope, or overly burdensome, you may file a motion to modify the order.

It is up to the court to determine whether or not to schedule a hearing on your motion. The party who requested the protective order may appear at the hearing in order to oppose your motion. After the hearing, if the court grants your motion, the order will become void immediately.

Appealing a Restraining Order

If there was an extended restraining order issued, you may file an appeal to the District Court. The court will review your documents and other information which was presented in the lower court, but will not hear any new evidence.

The District Court will then determine whether or not the Justice of the Peace made any type of mistake of law in granting the extended protection order. As part of the proceedings, an order for an oral argument can be issued, requiring both parties to submit written briefs.

In conclusion, the District Court may affirm, modify, or denounce the restraining order. However, an extended restraining order will remain in effect during the appeal.

If you are interested in dissolving, modifying, or appealing a restraining order against you in Nevada, contact the Law Office of David R. Fischer and schedule a free consultation with our Las Vegas criminal defense lawyer today.

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