Is Being Accused of a Protection Order Violation in Las Vegas an Automatic Conviction?
Why does a violation of a Las Vegas restraining order charge have such harsh and long-lasting consequences?
Most people in Las Vegas, Henderson, and North Las Vegas go about their daily lives without ever thinking about a “protection order.” It’s one of those things you hope you never have to deal with. But if you’ve been served with one, or if you’ve been accused of violating one, you already know it’s one of the most stressful things a person can go through.
I’m Attorney Michael Gowdey, and for over 30 years, my firm, The Law Offices of Michael I. Gowdey, Ltd., has been helping people who find themselves in this exact situation. We’ve seen it all, and we know that a single accusation can change your life in a heartbeat. I’ve won multiple awards and am highly rated for one simple reason: I believe in fighting for my clients, no matter what. I’m here to tell you that no, an accusation is not an automatic conviction. But you can’t just hope for the best. You need to understand the rules of the game and get a skilled player on your side.
Let’s talk about what a protection order is, what it means to violate it, and why getting an experienced lawyer on your team is the most important decision you can make.
What Exactly Is a Protection Order, and What Does It Stop You from Doing?
In Nevada, a protection order is a document signed by a judge. It tells you to stay away from a person, a place, or both. The most common type is a Temporary Protective Order, or TPO. The name says it all: it’s temporary, usually lasting about 30 days until a court hearing.
These orders are not just about not touching someone. That’s a huge misunderstanding. A protection order can stop you from doing all sorts of things, like:
Contacting the person
This is the big one. It means no phone calls, no texts, no emails, no DMs on social media. It also means you can’t have someone else call or text for you. If your mom calls the person to “talk some sense into them,” that can be considered a violation.
Going near them
This can be their home, their job, their kids’ school, or even the places they go to for fun. It might say you have to stay 100 or even 500 yards away.
Having a gun
A federal law, known as the “Lautenberg Amendment,” means that if you have a restraining order against you, it’s illegal for you to own or buy a gun. This can have huge consequences for people who own guns for work or for fun.
The order will list all the things you can’t do. The most important thing to remember is that it’s not about how you feel or what you think. It’s about what the paper says. If you get served with a protection order, you have to follow it, period. You can learn more about how protective orders are handled in Nevada’s court system here: Clark County Courts’ Self-Help Center on Protective Orders.
How Serious Are the Penalties for a Protection Order Violation in Las Vegas?
A lot of people think that if you’re accused of violating a protection order, it’s a minor slap on the wrist. I wish that were true. The Nevada Legislature has made these violations very serious. The punishment for a violation depends on a couple of things, like what kind of order it was and if you’ve ever been accused of a violation before.
First Misdemeanor Offense
A first violation of a TPO is usually a misdemeanor. This can still land you in jail for up to six months and cost you up to $1,000 in fines. You might also have to do community service and complete counseling.
Second Offense
If you’ve been convicted of violating an extended protection order before, and you get accused of a second violation, it becomes a gross misdemeanor. This is a bigger deal. It can mean up to a year in jail and a $2,000 fine.
Felony Offenses
If you get a third or more violation of an extended protection order, it’s a category D felony. This is a life-changing charge. A felony conviction can mean a prison sentence of up to four years, plus huge fines. This is no longer a small problem. This will follow you for life and can stop you from getting jobs, getting a loan, and even voting.
You can read more about the Nevada Revised Statutes on this from a trusted legal source here: NRS 33.100 – Penalty for intentional violation of order.
The Stats Nobody Talks About: Why You Should Be Worried
Most people who look up information about protection orders see stats about how many are filed each year. For example, in 2023, there were over 5,000 Temporary Protective Orders for domestic violence filed in Nevada alone. But those are just the starting numbers.
Here’s the scary part that doesn’t make the news:
Violations are common
A study from the Bureau of Justice Statistics found that over 70% of individuals who have a protective order issued against them later violate it. While that’s a national average, my experience in Las Vegas tells me it’s no different here. It’s easy to accidentally violate an order you don’t fully understand or that was served on you incorrectly.
The "Accidental" Violation
Many violations aren’t planned. A person might show up to a grocery store only to find the protected person there, and an accusation is made. Or the protected person might text or call the restrained person, and the restrained person responds, thinking it’s okay. It’s not. The court doesn’t care who started the conversation; the person with the order against them is the one who gets in trouble. This happens more often than you think.
False Accusations
In some cases, a protection order violation is used as a weapon in a divorce or custody battle. A person might make a false claim just to get the other person arrested or to look good in front of a family court judge. As a criminal defense attorney, I have seen this happen over and over again. It is a sad truth that family law disputes often spill over into the criminal justice system. A study by the National Center for State Courts found that in cases with both domestic violence and child custody issues, false allegations are used by one side to gain an advantage in court.
These are the hidden dangers of a protection order. The system is designed to punish and it’s not always easy to tell your side of the story.
How Can an Experienced Lawyer Help with a Protection Order Violation?
When you’re facing a charge like this, you might feel like you’re on an island. But you’re not. This is where having an experienced, award-winning lawyer comes in.
My firm, The Law Offices of Michael I. Gowdey, Ltd., has been successfully defending people against these charges for decades. We know the ins and outs of the Las Vegas, Henderson, and North Las Vegas court systems. We know the judges, and we know the prosecutors. We’ve seen how they handle these cases, and we’ve built strong relationships that can help you.
Here’s a few things we can do that you can’t do on your own:
We can challenge the accusation
We can prove that the order was never properly served to you, which means you can’t be held responsible for violating it. We can show that the contact was a complete accident. Or, if it’s a false accusation, we can gather evidence to show the other person is lying. For example, a text message from them saying “I want to meet up” after they claimed you stalked them could be the key to getting your case dismissed.
We can negotiate with the prosecutor
Prosecutors are busy, and they don’t always know the full story. We can present your side of the story and show them that your case isn’t as simple as they might think. This could lead to the charge being dropped or reduced to something less serious.
We can help you with the underlying issues
Sometimes, a violation charge is tied to a larger problem, like a divorce or a custody battle. We can work with you to make sure your legal strategy in the criminal case doesn’t hurt your chances in family court. This holistic approach is something a less experienced lawyer might miss. You can find more helpful legal information about these types of issues on legal aid websites like this one for Southern Nevada: Legal Aid Center of Southern Nevada.
The bottom line is that a protection order violation is a criminal charge. You need a criminal defense lawyer who has the experience and knowledge to handle it. You need a lawyer who knows how to fight and win.
What Should You Do Right Now?
If you’ve been accused of a protection order violation in Las Vegas, Henderson, or North Las Vegas, the first thing you need to do is take a deep breath and not do anything else.
- Don’t try to contact the person. It doesn’t matter what they say or do. Don’t respond to their calls or texts. Don’t go to their home or work. Don’t try to explain yourself to them. Any contact you have can and will be used against you.
- Don’t talk to the police. You have a right to remain silent. Use it. Anything you say to a police officer, even if you’re just trying to clear things up, can be twisted and used against you.
- Call me immediately. The sooner you get an attorney on your side, the better. We can get to work right away, protecting your rights and building your defense. We’ll listen to your story, explain your options, and fight to protect your future.
Don’t let a moment of fear or a simple misunderstanding turn into a life-altering event. My firm has been here for over 30 years, and we’re here for you. We are ready to help you navigate this tough time. Don’t go through this alone. Contact us today. You can find our phone number and contact information on our website.
FAQS
Top 5 Questions Asked to protection order violations in Las Vegas, Henderson & North Las Vegas
Here are five of the most common questions and answers that criminal lawyers receive about protection order violations in Las Vegas.
1. What counts as a violation of a protection order in Nevada?
Answer: A violation isn’t just about physical contact. In Nevada, it’s any act that goes against the terms of the court order. This can include:
- Direct contact: Calling, texting, emailing, or messaging the protected person on social media.
- Indirect contact: Asking a friend or family member to pass a message to the protected person.
- Coming too close: Going to the person’s home, workplace, or their children’s school, even if you don’t talk to them. The order will specify a minimum distance you must stay away.
- Third-party actions: Having someone else do something for you that the order forbids you from doing, like entering the person’s home.
Even if the other person initiates contact with you, your response can be considered a violation. It’s your responsibility to avoid all contact.
2. What are the penalties for a protection order violation in Las Vegas?
Answer: The penalties depend on if it’s your first offense and the type of order you violated.
- A first-time violation is typically a misdemeanor, which can lead to up to six months in jail and/or a $1,000 fine.
- A second offense is a gross misdemeanor, with a maximum penalty of one year in jail and a $2,000 fine.
- A third or subsequent violation is a Category D felony. This is a serious charge that can result in 1 to 4 years in prison and a fine of up to $5,000.
In addition to these criminal penalties, a violation can also affect your child custody rights, employment, and right to possess a firearm.
3. Can the other person "drop" the violation charges?
Answer: No. Once a law enforcement officer is notified of a violation, it becomes a criminal case against the state of Nevada. The prosecutor, not the person who filed the order, has the sole authority to decide whether to pursue the charges. They can and often will proceed with the case, even if the protected person no longer wants to. The law is designed this way to prevent a protected person from being pressured or intimidated into recanting their statement.
4. What are some common defenses against a violation charge?
Answer: A good defense attorney can challenge the charges in several ways:
- Lack of Intent: The violation was an accident. For example, you unintentionally crossed paths with the person in a public place like a shopping mall.
- Improper Service: You were never properly served with the protective order, so you didn’t know about its terms. Nevada law requires strict procedures for serving these orders.
- False Accusations: The protected person is lying about the violation to gain an advantage in a separate case, like a divorce or a child custody battle. Your attorney can work to gather evidence, like text messages or witness statements, that prove you are being falsely accused.
5. Will this charge affect my ability to own a gun?
Answer: Yes. A misdemeanor conviction for a protection order violation, especially if it involves domestic violence, can result in the permanent loss of your right to own or possess a firearm under federal law. This is a crucial detail that many people facing these charges don’t realize until it’s too late. The law, known as the Lautenberg Amendment, makes this a severe and lasting consequence.