In order to extend a Protective Order past the initial 30 day temporary period, a hearing must be held in which the Applicant has to affirm the facts alleged in the application under oath. At this hearing, the Adverse Party may present testimony to the contrary. Unlike most criminal actions where Defendants have the right to counsel and are protected, there is no right in this context. Adverse Parties must be very careful as to what they present because statements made at the hearing regarding the protective order are admissible at subsequent hearings, like criminal or civil trials. The relevant part of the evidentiary code is stated below. "Hearsay" means a statement offered in evidence to prove the truth of the matter asserted unless:
1. The statement is one made by a witness while testifying at the trial or hearing;
2. The declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is:
(a) Inconsistent with the declarant's testimony;
(b) Consistent with the declarant's testimony and offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive;
(c) One of identification of a person made soon after perceiving the person; or
(d) A transcript of testimony given under oath at a trial or hearing or before a grand jury; ...
NRS § 51.035
Many times non-lawyers do not realize that they are making admissions to criminal acts or civil liability when they are under oath at these hearings. This is another reason to retain counsel before the hearing to extend a protective order.
If you have been charged with Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.
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