4.106 Orders for Protection (Restraining Orders) Flashcards
This type of order against domestic violence is available to victims, 24-hours a day, when the suspect has been arrested for a domestic violence related crime.
This order is obtained by telephone through Safe Nest, the domestic crisis
program (702) 646-4981. This information is also available to victims on the domestic violence blue cards. The suspect will be served with notice prior to release from custody. Both parties are required to appear in court at an established time within one week of the date of issue. There is no fee associated with this order.
Emergency TPO
A temporary order for protection against domestic violence may be granted without notice to the adverse party. It is generally valid for thirty days or until the scheduled court appearance indicated on the back side of the order. Applications must be completed in person at the Protective Order Office, Family Court Complex, Room 54, 601 North Pecos, between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday (except holidays). These orders do not have a fee associated with them. The violation of any domestic violence protective order is a misdemeanor, however, for arrest to occur there must be documentation that the adverse party has been notified of and/or served with the order.
TPO
An extended order for protection against domestic violence may only be granted after notice to the adverse party. It is effective for a maximum of one year as indicated on the order itself. Extended orders are issued at the court hearing prior to the expiration of the temporary order.
Extended Protective Order
A restraining order may be obtained for relief regardless of the relationship between the two parties. There is a filing fee associated with this order. It can be completed by an attorney or by an individual who obtains the necessary paperwork from the local law library.
Civil Restraining order
This order is granted to victims requesting relief regardless of the nature of their relationship with the suspect. The victim must file a crime report demonstrating a series of events. These orders are issued by Justice Court. Applications must be completed by the victim, in person, at the Regional Justice Center, 200 South Lewis Avenue. There is a fee associated with this order. Initially, a temporary order will be issued for up to thirty days. The violation of a Temporary Stalking/Harassment Order is a gross misdemeanor. Once the order has been extended for up to one year, the charge for any violation is a felony. The adverse party must be served with this order for the order to be enforceable.
Stalking/Harassment order
Fee
Temporary and extended orders for protection must be served (or adverse party notified) by a ______________.
Commissioned Officer
Any other department member must request a commissioned officer respond to the location to serve it.
It is the policy of this department that when notification is returned (via NCIC, NCJIS, or other source) that a person is the subject of a temporary or extended order for protection, notice and/or service will be made of that order. In addition, an ____________ when there is a violation of a temporary or extended order for protection reference domestic violence, restraining order or stalking/harassment order when determined that the adverse party has been notified/served.
Arrest will be made
If the service is for an Extended Order for Protection issued by Family Court, the officer will advise the adverse party that during the life of the order they are considered a ________________ by Federal and State Law from possessing a firearm and/or ammunition and that if they are in possession of any firearms or ammunition they must surrender all firearms and ammunition immediately. The officer will advise that failure to surrender may subject them to criminal penalties up to and including a felony.
Person prohibited
If during the service of an extended order for protection a weapon is surrendered or in plain view of the officer(s), said firearm(s) will be impounded as evidenced the impounding officer will write on the impound form “Evidence - Prohibited Person.” In the circumstances for of the impound report, what must be written?
“Firearms impounded - prohibited person”
Explain the reason the adverse parry is prohibited from possessing firearms or ammo (ex. adverse party of extended order for protection against domestic violence, or pervious conviction for domestic violence)
Whether providing notification or service of a tpo, extended order for protection, or stalking harassment order ___________ notifies communications bureau _____________ that the order has been served or adverse party has been notified.
Immediately
By voice
Field officers will be required to contact who to receive terms of a stalking harassment order?
Police records
Stalking harassment orders must be served by a commissioned officer
If an officer is serving an actual court order for stalking harassment, the original return of service should be sent to who?
Sheriff’s civil by fax, with a hard copy via 1000 miler.
