If a 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 become void.
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 free consultation, contact our Las Vegas criminal defense attorney at the Law Office of David R. Fischer today.