What generally happens, at least here in Las Vegas, is that a person is charged and if they are under arrest, there is a probable cause hearing usually the next day and that is when the no-contact order is issued by the Judge. If the person isn't arrested, the person is summoned to court and at that hearing the no-contact order is issued. The defendant can argue against it and I have on behalf of clients, but, the Court will then say that out of an abundance of caution, the order should issue and will remain until the case is resolved.Res Ipsa wrote: ↑Mon Dec 19, 2022 8:21 pmThanks. I have no experience in protective orders at all. So, in a case like Kevin's, the prosecutor simply moves for a TPO based simply on an affidavit from the LEO?Dr Exiled wrote: ↑Mon Dec 19, 2022 7:41 pmOnly post-order remedies. I'm sure it's the same in all jurisdictions, but, it is really easy to get a protection order because they are granted on an ex-parte basis, as domestic violence is a huge problem as all are probably aware. However, you can get a relatively quick hearing to request that the TPO be cancelled and make your case.
Sometimes, unfortunately, the system is abused. I recently had a case where my client's former girl friend made up a bunch of lies and used the TPO to kick my client out of his own property because he broke up with her. He had to live in a hotel and with friends for two weeks prior to our being able to reverse the TPO and get one against her. My client filmed the cops escorting her out of his property. There is justice at times.
In the non-criminal case, where the complaining party contacts the help line, an interview happens and the facts are then presented to a Judge and then a TPO is entered on an ex-parte basis. However, this is where the Defendant can request a hearing and show that the TPO was entered in error. However, as in the case I wrote about above, once a TPO enters, the cops can show up and kick a person out of his home as long as the complaining party has a possessory interest in the home as my client's girlfriend did.