Nevada Restraining Order Laws (2026): How to Get a Protective Order
Nevada Restraining Order Laws (2026): How to Get a Protective Order
In Nevada, victims of domestic violence can obtain a Protective Order against a spouse, dating partner, household member, or other qualifying person under NRS Chapter 33. A Temporary Protective Order lasts up to 30 days; an Extended Protective Order lasts up to two years. Nevada also offers separate Stalking and Harassment Orders and Sexual Assault Protective Orders for victims who have no domestic relationship with the person harming them.
If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).
Types of restraining orders in Nevada
Nevada operates several distinct civil protective order tracks under different statutes. The Domestic Violence Protective Order (NRS Chapter 33, sections 33.017 through 33.100) is the primary tool for victims in a qualifying domestic or intimate relationship with the respondent. Beyond that order, Nevada provides a Stalking and Harassment Protective Order under NRS 200.591 for victims of stalking or harassment regardless of any relationship, and a Sexual Assault Protective Order under NRS 200.378 for victims of sexual assault regardless of relationship.
Nevada also has a High-Risk Behavior Order, commonly called a Red Flag Order, under NRS 33.500 and following sections. That order is designed to temporarily prevent a person who poses a risk of harm to themselves or others from possessing firearms; it is separate from the domestic violence and stalking tracks. A Workplace Harassment Order and a Harm to Children Order are additional civil tools available in specific circumstances.
Who can get a restraining order in Nevada?
To qualify for a Domestic Violence Protective Order under NRS Chapter 33, the petitioner must have a qualifying relationship with the respondent. Nevada covers spouses and former spouses, persons related by blood or marriage, persons with a child in common, persons in a current or former dating relationship (defined as frequent, intimate associations primarily characterized by an expectation of affectional or sexual involvement, not casual or business interactions), and current or former household members.
Adult siblings or cousins who live separately from the respondent generally do not qualify for the domestic violence track under Nevada law.
Victims who do not share a qualifying domestic relationship with the respondent are not without options. Any person who is a victim of stalking or harassment may petition for a Stalking and Harassment Protective Order under NRS 200.591 without proving a relationship. Any victim of sexual assault may seek a Sexual Assault Protective Order under NRS 200.378. These separate tracks ensure that victims who are harassed or assaulted by acquaintances, coworkers, neighbors, or strangers have a civil remedy.
How to file for a restraining order in Nevada
Most petitions for a Domestic Violence Protective Order are filed in justice court. If a related family law proceeding (such as a divorce or custody case) is already pending, the petition may be filed in district court instead. Filing fees are deferred for all applicants; after the hearing, the court assesses fees against the adverse party if the order is granted. For domestic violence protective orders, the federal Violence Against Women Act prohibits charging any filing or service fee to the petitioner.
To begin, the petitioner completes a petition form and submits it to the court clerk. Court self-help centers at Nevada justice courts provide free assistance with forms. Local domestic violence advocacy organizations offer free, confidential help at every step, including safety planning, form completion, and accompanying petitioners to hearings. The Nevada Domestic Violence Hotline (1-800-500-1556) can connect callers with local programs and legal aid.
After the petition is filed, a judicial officer reviews it, typically within one judicial day, and decides whether to issue a Temporary Protective Order. No hearing is required at that stage.
Temporary vs. final orders: how long they last
Nevada courts can issue a Temporary Protective Order (TPO) on an ex parte basis, meaning without the respondent present, when the petitioner shows immediate danger. Under NRS 33.020, the court must act within one judicial day of the application. A TPO is valid for up to 30 days; it may be extended if needed while the full hearing is being scheduled.
After the respondent is notified and a hearing is held, the court may issue an Extended Protective Order. Under NRS 33.420, an Extended Protective Order lasts up to two years. If the court sets the order to exceed one year, it must state the specific findings that justify the longer period.
| Order stage | Duration |
|---|---|
| Temporary Protective Order (ex parte) | Up to 30 days (NRS 33.020) |
| Extended Protective Order | Up to 2 years; court must state findings if exceeding 1 year (NRS 33.420) |
Both types of orders can include provisions prohibiting contact, requiring the respondent to stay away from specified locations, and addressing firearms.
Firearms and a Nevada protective order
An Extended Protective Order may require the respondent to surrender, sell, or transfer all firearms and may prohibit the respondent from acquiring new firearms while the order is in effect. The court may include these provisions in the order under NRS 33.030.
Violating a Nevada firearms prohibition tied to a protective order is treated as a serious felony. NRS 33.030 provides that a person who possesses a firearm in violation of that prohibition commits a category B felony, which carries one to six years in the Nevada State Prison and a fine of up to $5,000.
Separately, a qualifying Extended Protective Order triggers the federal firearm ban under 18 U.S.C. 922(g)(8). That federal rule prohibits a person subject to a qualifying domestic violence protective order from possessing any firearm or ammunition, regardless of whether the state order specifically addresses firearms. Both the Nevada state prohibition and the federal prohibition may apply simultaneously.
What happens if someone violates the order?
Nevada law distinguishes between violations of a Temporary Protective Order and violations of an Extended Protective Order. Violating a TPO is a misdemeanor. Violating an Extended Protective Order carries escalating penalties under NRS 33.100: the first violation is a misdemeanor, the second violation is a gross misdemeanor, and the third or any subsequent violation is a category D felony.
A category D felony in Nevada carries one to four years in the Nevada State Prison and a fine of up to $5,000. Police may arrest a respondent on probable cause that an order has been violated.
It is important to note that these escalating penalties apply specifically to Extended Protective Orders issued on the domestic-violence track under NRS Chapter 33. Extended Protective Orders issued on the stalking and harassment track (NRS 200.591) or the sexual assault track (NRS 200.378) carry a different penalty structure: a violation of those Extended Protective Orders is a category C felony under NRS 33.100, carrying one to five years in the Nevada State Prison and a fine of up to $10,000. This harsher fixed penalty applies from the first violation and is distinct from the escalating domestic-violence track.
If the respondent contacts you, comes near a protected location, or otherwise violates the order, call 911 immediately. Preserve any evidence of the violation, including messages, call logs, photos, or witness information. You can also report the violation to the court to initiate contempt proceedings. Both avenues, criminal arrest and civil contempt, are available.
This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.
More Nevada Laws
- Nevada AI Meeting Recording Laws
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- Nevada At-Will Employment Laws
- Nevada Car Accident Laws
- Nevada Car Seat Laws
- Nevada Child Custody Laws
- Nevada Child Support Laws
- Nevada Common Law Marriage Laws
- Nevada Data Privacy Laws
- Nevada Divorce Laws
- Nevada Dog Bite Laws
- Nevada Emancipation Laws
- Nevada Expungement Laws
- Nevada Hit and Run Laws
- Nevada Landlord-Tenant Laws
- Nevada Lemon Laws
Sources
- NRS Chapter 33, sections 33.017 through 33.100 (Orders for Protection Against Domestic Violence): https://www.leg.state.nv.us/nrs/nrs-033.html
- NRS 200.591 (Stalking and Harassment Protective Orders): https://www.leg.state.nv.us/nrs/nrs-200.html#NRS200Sec591
- NRS 200.378 (Sexual Assault Protective Orders): https://www.leg.state.nv.us/nrs/nrs-200.html#NRS200Sec378
- Nevada Courts self-help center (forms and guidance): https://www.nevadajudiciary.us/index.php/selfhelp
Related pages
For a full overview of how protective orders work across all 50 states and DC, visit the Restraining Order Laws by State hub. You may also find our pages on Nevada recording laws and Nevada self-defense laws helpful for related legal questions.
