Thursday, June 21, 2012

Violating TPOs and Contempt Orders

If a Court issues a protective order pursuant to NRS 33.020, which states:
"If it appears 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, the court may grant a temporary or extended order." 


The Court has the power to hold the adverse party in contempt pursuant to NRS 22.010 if the Court feels that the order has been violated pursuant to section 3 below.  


Acts or omissions constituting contempts.
  The following acts or omissions shall be deemed contempts:
   1. Disorderly, contemptuous or insolent behavior toward the judge while the judge is holding court, or engaged in judicial duties at chambers, or toward masters or arbitrators while sitting on a reference or arbitration, or other judicial proceeding.
   2. A breach of the peace, boisterous conduct or violent disturbance in the presence of the court, or in its immediate vicinity, tending to interrupt the due course of the trial or other judicial proceeding.
   3. Disobedience or resistance to any lawful writ, order, rule or process issued by the court or judge at chambers.
   4. Disobedience of a subpoena duly served, or refusing to be sworn or answer as a witness.
   5. Rescuing any person or property in the custody of an officer by virtue of an order or process of such court or judge at chambers.
   6. Disobedience of the order or direction of the court made pending the trial of an action, in speaking to or in the presence of a juror concerning an action in which the juror has been impaneled to determine, or in any manner approaching or interfering with such juror with the intent to influence the verdict.
   7. Abusing the process or proceedings of the court or falsely pretending to act under the authority of an order or process of the court.



The potential civil penalties for the disobedience of the Court's order (TPO) are below.  


NRS 22.100.  Penalty for contempt.
1. Upon the answer and evidence taken, the court or judge or jury, as the case may be, shall determine whether the person proceeded against is guilty of the contempt charged.
2. Except as otherwise provided in NRS 22.110, if a person is found guilty of contempt, a fine may be imposed on the person not exceeding $500 or the person may be imprisoned not exceeding 25 days, or both.
3. In addition to the penalties provided in subsection 2, if a person is found guilty of contempt pursuant to subsection 3 of NRS 22.010, the court may require the person to pay to the party seeking to enforce the writ, order, rule or process the reasonable expenses, including, without limitation, attorney's fees, incurred by the party as a result of the contempt.


This is only one of the potential punishments for the violation of a protective order.  This punishment is civil, and can be imposed by the Court immediately after the above steps are taken in section 1.  Other punishments are criminal in nature and would be prosecuted by a governmental entity.
protective orders are very serious, and counsel should be consulted in regards to them. 


If you have been charged with BatteryBattery Domestic Violence, or any crime related to a Domestic incident; or if a TPO has been issued against you, please visit georgeforjustice.com.

georgeforjustice links


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