STALKING

Stalking involves actions that would cause a reasonable person to be intimidated, harassed, frightened, terrorized or otherwise fearful for his or her safety. This can include actions such as following someone over several blocks with the intent to make them feel uncomfortable or continually calling or texting someone. Stalking does not need to include any verbal threats, physical actions and "body language" can be enough to cause a person to fear for his or her safety. If the actions taken by someone are enough for another person to believe that his or her life may be in danger, this is known as aggravated stalking and carries a more severe penalty.

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A first offense stalking is charged as a Misdemeanor and is punishable by six (6) months in jail and a fine not to exceed $1,000. Subsequent offenses are charged as a Gross Misdemeanor and is punishable by 364 days in jail and a fine not to exceed $2,000. If, in conjunction, with the crime of stalking a person also places a person in reasonable fear of death or substantial bodily harm, the crime is charged as aggravated stalking, which is a Category B Felony, and is punishable by two (2) to fifteen (15) years imprisonment and a fine not to exceed $5,000. If the crime of stalking occurs through the use of the internet or through electronic means, the crime is charged as a Category C Felony, and is punishable by one (1) to five (5) years imprisonment and a fine not to exceed $10,000. In addition to the potential criminal penalties, a person convicted of stalking is prohibited from owning or possessing a handgun. Furthermore, the Court may also require a protective order against the person convicted of stalking. (NRS 200.575, NRS 193.140, NRS 193.150)

HARRASMENT

Harassment occurs when a person threatens to either: (1) cause bodily injury to the person threatened or to any other person; (2) damage the threatened person's property; (3) confine or restrain the threatened person; or (4) harm the threatened person with respect to his or her physical or mental health. Although a person may threaten to take any of these actions against a someone, a charge of harassment requires the threaten person to have a reasonable fear that the actions will actually be carried out. Furthermore, the Court may also require a protective order against the person convicted of harassment.

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A first offense charge of harassment is charged as a Misdemeanor and is punishable by six (6) months in jail and a fine not to exceed $1,000. Subsequent offenses are charged as a Gross Misdemeanor and is punishable by 364 days in jail and fine not to exceed $2,000. (NRS 200.571, NRS 193.140, NRS 193.150)

TEMPORARY PROTECTIVE ORDER (TPO)

A protective order is a court order which restricts a particular party in his or her actions. A protective order is requested by the applicant against an adverse party. A protective order can be requested when an applicant reasonably believes that he or she is the victim of domestic violence, stalking, harassment, or sexual assault. A protective order can also be obtained on behalf of a minor child, if there is reasonable belief the child has been a victim of a crime that is harmful to that child.

A temporary protective order or TPO is granted for a period of up to 30 days after it is signed and served. A TPO can be granted with or without notice to the adverse party and may be granted without a hearing. An applicant for a TPO must only show a need for a protective order by a preponderance of the evidence.

An extended protective order or EPO extends a protective order for up to one (1) year. A hearing before the court is required before granting an EPO and is attended by both parties. The hearing must be within 45 days of filing an application for the EPO.

A protective order can require an adverse party to stay away from: The victim, family members of the victim, or others as ordered by the court; the home of the victim; the school of the victim; the business of the victim; the place of employment of the victim; specific places as ordered by the court.

An adverse party to a protective order has several rights. The party can file a motion to dissolve, a motion to modify, or can appeal the protective order to district court. If the adverse party believes that the protective order was improperly granted or if it is no longer necessary, he or she can move to dissolve the order. If the adverse party believes the protective order is too restrictive in its scope, it can file a motion for the court to modify the restrictions of the order. If an EPO is granted, the adverse party can appeal the decision to district court. The protective order remains in effect as granted until the district court rules on the matter. On an appeal, the district court does not review new evidence, but rather determines if any errors of law were made by the granting judge. (NRS 33.020)

Violation of a temporary protective order is charged as a Gross Misdemeanor and is punishable by 364 days in jail and a fine not to exceed $2,000. Violation of an extended protective order is charged as a Category C Felony and is punishable by a term of one (1) to five (5) years imprisonment and a fine not to exceed $10,000. (NRS 33.400, NRS 193.130, NRS 193.140).

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9.0Brian Vasek









Vasek Law, PLLC, Attorneys, Henderson, NV