Intentionally violating these types of protective orders will result in a misdemeanor charge, which is punishable by:
- Incarceration in county jail for up to 6 months; and/or
- Fines up to $1,000
- Incarceration in county jail for up to 1 year; and/or
- Fines up to $2,000
- Incarceration in state prison for 1 to 5 years; and
- Fines up to $10,000
- Order was not served properly. Nevada law has clear-cut rules dictating how a protective order must be served to an individual. If the restraining order was improperly served to the defendant, their attorney could argue that the defendant is not liable under the law.
- Defendant did not intend to violate the order. If the defendant unknowingly violated the terms of their protective order – because of a misunderstanding or by accident, for example – the court may dismiss the charges.
- Defendant was falsely accused. In some cases the person protected by the order lies and claims that the defendant violated the order in some way, hoping to get the defendant into trouble with the court.
- Prosecution lacks sufficient evidence of guilt. If the prosecutor cannot prove beyond a reasonable doubt that the defendant intentionally violated a protective order, then the defendant should be cleared of the charges.