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Domestic Violence Definition limits who gets protection orders
Domestic violence has many faces. While many think of the stereotypical "battered wife," the general terms refers to many types of abuse, such as child abuse, family violence, intimate partner abuse, elder abuse and sibling abuse.
It also has many characteristics, including, but not limited to, physical, sexual, emotional, verbal and financial abuse.
Yet, in Nevada, domestic protection orders are issued only to those who meet the definition of domestic violence under Nevada Revised Statute 33.018
"Although emotional, verbal and financial abuse is a very real and significant form of abuse, it's not in the definition as what is described as domestic violence by the Nevada Statute," said April Green, directing attorney of the Family Justice Project at Legal Aid Center of Southern Nevada, 725 E. Charleston Blvd. "For that reason, if your application and narrative of harm only speaks to the kind of domestic violence that's not defined as domestic under our law, then it's not likely to be granted unless it can be linked with some kind of force or threat of force."
Green stated an example: "If a perpetrator were to say, 'Give me your check,' but you don't want to - that's a kind of financial violence, but it doesn't meet the definition of domestic violence under NRS 33.018. But if a person says, 'Give me your check or I will beat you up,' that's a threat that meets the statute and many get a protection order extended."
While threats are taken seriously, emotional abuse is not mentioned under NRS 33.018
"Unfortunately, because emotional, verbal, and financial abuse don't fall under T.P.O. (temporary protection order), it can oftentimes put someone in a situation when there are not enough resources to leave the abusive spouse or partner,"said Hannah Brook, director of community and donor relations at the Safe Nest shelter. "I had a victim say before that physical scars can go away, but it takes much longer for emotional scars to heal."
In simple terms, a domestic protection order is issued by a court to allow an applicant to use the court's power to require an adverse party to do, or not do, certain things.
A protection order may cause the adverse party to stay away from the home, school, business and workplace of the victim and any other person, including and without limitation, a family member or household of the victim. It may also restrain the adverse party from contacting the victim and any other person, including, without limitation, a family member or household of the victim.
"Any person who believes they've been victimized by what they consider to be domestic violence can and should file for a domestic protection order," Green said. "In order for a court to grant a protection order, whatever harm occurred to the person applying must be consistent to what we consider to be domestic violence under the law."
If a perpetrator is arrested for domestic violence, a domestic protection order is automatically issued to the victim within 12 hours of the arrest, and a hearing is set for the extension of the protection order, Green said.
The family Violence Intervention program (commonly called the TPO office) of the District Court / Family Division accepts and processes applications for protection orders at 601 N Pecos Rd. There is no fee to file.
"Victims should be careful to describe the most recent and serious incidences of violence in great detail at the beginning of their narrative," Green said. "They should include in the narrative other major incidences of violence in chronological order, (from) most recent first. They should describe in great detail the harm caused by the violence, most especially injuries and other consequences."