I Was in a Fight with my Spouse, the police were called.
The police will interview both parties if they are available and will look for obvious injuries. If they can determine who the aggressor was, that person will be arrested and taken to jail. The victim will be handed a domestic violence card and TPO information.
How come the Judge Issued a TPO against me--I haven't even had a court date, yet?
If there has been an arrest, the judge will almost always issue an "ex-parte TPO" against the person who was arrested. It is a temporary, but valid order that is served upon you before you are released from jail. The court will set a hearing date which you need to attend.
How Do I act in a TPO hearing?
Act politely and respectfully. A Family Court TPO hearing is a "civil proceeding". Anything you say could be used against you in your criminal case if you were arrested and if you are prosecuted for domestic violence. So, be careful what you say.
If you weren't arrested, tell the judge whether you are agreeable to the TPO being "extended" or continued against you or why you think you shouldn't have a TPO against you.
TPO's are very serious. Do not take them lightly. If you do not show up for a TPO hearing and the "victim" does, then a TPO will most likely automatically be issued against you so long as you had notice of the hearing date and time.
What if the victim doesn't show up for the hearing?
In almost every case, if the victim does not show up, the court will dissolve the TPO against you. That means your civil case is over, but if you were arrested, you still have to take care of your criminal case.
The other side started the fight. Why can't I get a TPO against him or her?
Maybe you can. But, you have to file a seperate application for a TPO against that other person. If you can prove to the judge that he or she started the fight, then you may win.
How long are TPO's good for in Nevada?
The maximum time for a TPO in Nevada from Family Court is one year. You can apply, before the year is up, to extend the TPO, and a hearing will be set for you to appear and for the judge to consider your request.
I have a TPO against me, now what?
Follow the orders of the TPO. Usually that means keep a distance of at least 100 feet between you and the other party. That also usually means no calling, e-mailing, texting, stalking, harassing, driving by, etc.
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