Order for prot.pdf

LAS VEGAS METROPOLITAN POLICE DEPARTMENT POLICY AND PROCEDURE Policy: Volume: Chapter: Revised: 4.106, Orders for Protection (Restraining Orders) 4 - Field Operations 1 - Patrol 2/2013, 7/2015 4.106 ORDERS FOR PROTECTION (RESTRAINING ORDERS) 4.106.1 4.106.2 4.106.3 4.106.4 Definitions Policy N...

LAS VEGAS METROPOLITAN POLICE DEPARTMENT POLICY AND PROCEDURE Policy: Volume: Chapter: Revised: 4.106, Orders for Protection (Restraining Orders) 4 - Field Operations 1 - Patrol 2/2013, 7/2015 4.106 ORDERS FOR PROTECTION (RESTRAINING ORDERS) 4.106.1 4.106.2 4.106.3 4.106.4 Definitions Policy Notice and Service of Temporary and Extended Orders for Protection, Against Domestic Violence (Does not apply to Stalking/Harassment Orders) Notice and Service of Stalking Harassment Orders 4.106.1 Definitions There are several types of orders for protection that victims may apply for. The types of orders for protection include: Emergency Temporary Protective Order (ETPO) 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. Temporary Protective Order (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. Extended Protective Order (EPO) 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. Civil Restraining 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. Stalking/Harassment Order (SHO) 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. LAS VEGAS METROPOLITAN POLICE DEPARTMENT 4.106 POLICY AND PROCEDURE Orders for Protection (Restraining Orders) 4.106.2 Effective: 7/2015 Policy 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 arrest will be made 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. 4.106.3 Notice and Service of Temporary and Extended Orders for Protection, Against Domestic Violence (Does not apply to Stalking/Harassment Orders) Service This is the process of serving the actual court order. Notification This is the process of notifying an adverse party that a court order has been issued against him/her and requiring him/her to obtain a copy of the court order. State law requires a commissioned officer serve/notify the adverse party of temporary and extended orders for protection against domestic violence when they become aware that such orders exist and have not yet been served/noticed. Employees may become aware of this situation when receiving a NCIC or NCJIS return on a subject. This return will indicate the conditions which are present in the order and must be provided to the subject being served or notified. These procedures do not apply to the Civil Section. Employee 1. Becomes aware of the existence of a temporary or extended order for protection which has not been served or notified on an individual. 2. Notes the conditions indicated in the NCIC or NCJIS “hit”. a. Field officers will be notified of the conditions by the Communications Bureau and/or MDT. b. All other personnel receiving a “hit” will determine the conditions by viewing the NCIC or NCJIS “hit”. NOTE: Temporary and extended orders for protection must be served (or adverse party notified) by a commissioned officer. Any other department member becoming aware of an un-served order must request a commissioned officer respond to the location to serve/notify the adverse party in accordance with the instructions below. Page 2 of 5 LAS VEGAS METROPOLITAN POLICE DEPARTMENT 4.106 POLICY AND PROCEDURE Orders for Protection (Restraining Orders) Effective: 7/2015 Page 3 of 5 LAS VEGAS METROPOLITAN POLICE DEPARTMENT 4.106 POLICY AND PROCEDURE Orders for Protection (Restraining Orders) 4.106.4 Effective: 7/2015 Notice and Service of Stalking Harassment Orders Member 1. Becomes aware of the existence of a Stalking Harassment Order through SCOPE. a. Notes the status of the order in the “PP” line in SCOPE. b. If order shows “Not Svd” and is within the date range entered in SCOPE, the order is valid and must be served on the individual. c. The expiration date of the order is shown on the far right of the information in the SCOPE record. If this date has already passed, the order is no longer valid, but this should be confirmed with Records. NOTE: Stalking Harassment Orders must be served (or adverse party notified) by a commissioned officer. Any other department member becoming aware of an unserved order must request a commissioned officer respond to the location to serve/notify the adverse party in accordance with the instructions below. Page 4 of 5 LAS VEGAS METROPOLITAN POLICE DEPARTMENT 4.106 POLICY AND PROCEDURE Orders for Protection (Restraining Orders) Effective: 7/2015 Page 5 of 5