Thank youCustomerfor your reply and response to my information request.
I am very sorry to hear what you and your children are going through. This can be a very difficult and tiring time for you all.
To answer your question. Nevada requires an element of domestic violence before you have the legal standing to obtain a restraining order. In Nevada, domestic violence is defined as follows:
What is the legal definition of domestic violence in Nevada?
Domestic violence includes:
- Acts of physical violence (slapping, punching, choking, etc.)
- Threatening, coercive or harassing conduct
- Interference with the personal liberty of the victim
- Forcible entry into the victim’s residence without victim’s consent
- Destruction of private property
- Carrying a concealed weapon without a permit
- False imprisonment
- Sexual assault
So absent any such behavior as required by the Nevada Statute you will not be able to get a restraining order.
So the restraining order at the present time is not a legal option you can exercise. If she were to engage in any behavior as defined as domestic violence then you would be able to proceed with getting the restraining order. Unfortunately her behavior does not amount to the definition to qualify for the protective order. You do have the option of pressing charges for the driving under the influence with your children in the vehicle and then request a criminal no contact order
this way. However, if this event happened a few weeks ago, the evidence to charge her with the criminal offense are murky,
Now I asked whether you were ready to file for divorce
or legal separation
, because you are given the opportunity to make the request that she be ordered out of the house, through the petition. In addition as she lacks the ability to parent your children, you can seek sole custody
of your children.
Unfortunately these are your legal options at the present time.
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