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Nevada Ex Parte Motion For Mutual Restraining Order

Category:
Local County - Washoe - District Court - Family
State:
Nevada
Control #:
NV-SKU-0914
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Description

Ex Parte Motion For Mutual Restraining Order
A Nevada Ex Parte Motion For Mutual Restraining Order is a court order that is requested in the state of Nevada when someone is in immediate danger of being harmed by another person. The motion is filed by one party, without the knowledge of the other party, and seeks to protect both parties from any further harm. This type of restraining order is usually granted without a hearing or notice to the other party, and is granted immediately. There are two types of Nevada Ex Parte Motion For Mutual Restraining Orders: Temporary and Permanent. Temporary restraining orders are granted for a period of time, usually between 10 and 20 days, and are used to keep the parties away from each other until a hearing can be held. Permanent restraining orders are more long-term, and provide protection against the other party for a longer period of time, up to one year.

A Nevada Ex Parte Motion For Mutual Restraining Order is a court order that is requested in the state of Nevada when someone is in immediate danger of being harmed by another person. The motion is filed by one party, without the knowledge of the other party, and seeks to protect both parties from any further harm. This type of restraining order is usually granted without a hearing or notice to the other party, and is granted immediately. There are two types of Nevada Ex Parte Motion For Mutual Restraining Orders: Temporary and Permanent. Temporary restraining orders are granted for a period of time, usually between 10 and 20 days, and are used to keep the parties away from each other until a hearing can be held. Permanent restraining orders are more long-term, and provide protection against the other party for a longer period of time, up to one year.

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FAQ

?Ex parte? means ?from one side only.? In this hearing, only you are in front of the judge, not the abuser. You will explain to the judge why you fear the abuser and feel that you need a temporary order for protection.

Only a Nevada court may lift or dissolve a Nevada restraining order, often referred to as a protection order in the state court system. A Nevada restraining order can only be lifted by petitioning the court through a motion.

The party filing a motion for a protective order must include a certificate stating that the parties met and conferred, or, if the moving party is unable to get opposing parties to meet and confer regarding the dispute, indicating the moving party's efforts in attempting to arrange such a meeting.

A TPO hearing is like a mini-trial where the judge or commissioner listens to evidence and determines whether to grant a temporary restraining order. Depending on the case, the alleged abuser may be permitted to attend the TPO hearing and present his/her side of the case.

If an Order for Protection Against Domestic Violence is issued against you, you are entitled to challenge the TPO by filing an ex parte motion to dissolve the order for protection. You can file the motion either with or without an attorney. You can also file an Ex Parte Motion to modify the order for protection.

If you're served with a restraining order, you can ask the court to modify it or terminate it. You can request a hearing where you tell the judge your side of the story. If the judge agrees with you, they may change the conditions of the protective order, or they might cancel it altogether.

If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to ?dissolve? (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.

(9) What is the criminal penalty for violating a protection order? Unless a more severe penalty is provided by law, any person who intentionally violates a Temporary Protection Order is guilty of a gross misdemeanor, which is punishable by not more than 1 year in jail and/or up to a $2,000 fine.

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More info

All ex parte applications must comply with CPLR 2217(b). An ex parte notice asks for a court order before the other party has an opportunity to be heard on your request.An ex parte restraining order in Norwalk can be applied for and granted without input from the individual for whom it is brought against. Mutual restraining orders can arise when an initial, ex parte petition isn't rejected because a cross-petition has already been granted. A mutual restraining order is a document prohibiting parties from disposing or hiding the parties' assets. An ex parte restraining order in Norwalk can be applied for and granted without input from the individual for whom it is brought against. Ex Parte Mutual Restraining Order Regarding Property (Divorce). Currently there is no fill-in-the blank ex parte motion form or ex parte order form for custody, parenting time, or child support. In January 2012, M.F. filed a motion to set aside the restraining order. NOTE: If a petition for protection order is based solely on allegations of harassment, an order may NOT be granted ex parte.

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