This is the next post in a series of articles discussing temporary protective orders filed by Las Vegas, Nevada fathers against their child’s mother. My previous post discussed the importance of consulting with an attorney prior to initiating the TPO process. Doing so can help determine whether a protective order is appropriate based on the facts and evidence of the threat. Seeking a TPO when not warranted may have negative consequences on ongoing or future legal proceedings. In this article, I will explain the process involved in presenting a protective order request to the court. An experienced attorney can assist you in navigating the legal process and getting the protection you need. If you need assistance, contact my office today to speak with a fathers’ rights lawyer.
When a Las Vegas father files a petition for a temporary protective order against his child’s mother, the judge will make a decision quickly based on the paperwork filed with the court. The judge will do one of three things. They may grant the temporary order immediately and schedule a future evidentiary hearing, deny the TPO based on a lack of evidence, or take no immediate action and schedule a hearing to determine if a protective order is appropriate. The purpose of the future hearing is to determine whether a previously issued TPO should be extended or whether a protective order should be granted in the first place. At the hearing, each side will have the opportunity to present objective evidence to the court either in support of or opposing the TPO. The father must demonstrate that the child’s mother is engaged in a pattern of threatening, stalking, or harassing behavior that is dangerous to himself or the child. The mother will be given the opportunity to defend herself against the accusations. At the conclusion of the hearing, the judge will either grant or extend an existing TPO, dissolve the TPO or modify the existing protective order as needed.
A TPO hearing is different from a traditional trial in that neither party will call witnesses to testify. Instead, the attorneys representing both sides will be required to quickly present their respective cases directly to the judge. A lawyer’s ability to identify meaningful objective evidence and concisely explain the reasons a TPO is necessary will be essential to successfully obtaining a TPO. Using evidence such as text messages, phone records, security footage, etc., counsel will communicate effectively with the judge on your behalf. For these reasons, it is imperative to retain an experienced lawyer to represent your interests.
If you are the victim of harassment, stalking or other threatening behavior at the hands of your child’s mother, it is important to consult with an attorney to help you navigate the legal process. My office has experience in a variety of family law matters, including protective order issues. Contact us today to speak with a Las Vegas fathers’ rights attorney.