Temporary Protective Orders Are Easy To Get

When a person feels threatened by another person and does not want to interact with that person any longer, one thing they can do is ask a court for an order making it a crime for that scary person to interact with them.  This court order is call a protective order in Nevada.  In some other jurisdictions, it is called a restraining order.  Protective orders are easy to get.  As a matter of public policy, our lawmakers have made protective orders easy to receive because we have determined that it is better for a protective order to be granted in a situation where it is truly not needed than the opposite.
When we talk about the ease in which a Protective Order can be obtained, we must discuss burdens of proof.  There are different amounts of evidence which must be shown to the Court in different legal situations for courts to take action.  In criminal cases, law enforcement must present evidence which shows that a crime was committed "beyond a reasonable doubt."  Reasonable doubt is defined by NRS § 175.211 as shown below.
"A reasonable doubt is one based on reason. It is not mere possible doubt, but is such a doubt as would govern or control a person in the more weighty affairs of life. If the minds of the jurors, after the entire comparison and consideration of all the evidence, are in such a condition that they can say they feel an abiding conviction of the truth of the charge, there is not a reasonable doubt. Doubt to be reasonable must be actual, not mere possibility or speculation."  There is a vast amount of law and legal theory on this concept, and any further discussion of this burden is beyond the scope of this blog. 
In civil litigation, the burden is normally a "preponderance of the evidence" which is defined by Nevada Civil Jury Instruction 3.00.  Preponderance of the evidence "means such evidence as, when weighed with that opposed to it, has more convincing force, and from which it appears that the greater probability of truth lies therein."  More simply, more likely than not.
For a Protective Order to be issued in a situation where there is an allegation of Domestic Violence, the applicant must show to the "satisfaction of the court from specific facts shown by a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence."  NRS § 33.020(1).
This "satisfaction of the court" burden is not well defined, but it is clearly low.  Definitely lower than preponderance of the evidence.  Therefore, the Court has great latitude in issuing Protective Orders.  This makes Protective Orders very easy to obtain, especially temporary protective orders because they are issued without a hearing. 
One problem with the ease of obtaining a Protective Order in the modern world of information sharing is that the world can find out that a Protective Order was issued against you.  This can have a significant effect on a person's life, both personally and professionally.  It is possible to defend against the issuance of some Protective Orders like Extended Orders, but it is difficult, especially without an attorney.
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.