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Tuesday, April 15, 2014
Henderson
Protective Orders

Protective Order Hearings are heard on Monday, Tuesday or Wednesday at 10:00 a.m.  

The Henderson Justice Court is only authorized to issue Temporary Protective Orders Against Stalking and Harassment and cannot issue Temporary Protective Orders Against Domestic Violence.

For information on TPO's against domestic violence, please contact the District Court Family Division at 702 455-3400. For information on restraining orders, please contact the District Court Clerk's Office at 702 671-4528.

Guidelines: A Protective Order Against Stalking and Harassment may be filed with the Henderson Justice Court under the following guidelines:

  • The stalking and harassment has occurred within the Henderson township.
  • The stalking and harassment is a repetitive action, occurring more than one time

Filing Fees: The Justices of the Peace have decided NO Fees will be assessed when a person files an application for a TPO. The payment of all costs and official fees will be deferred for any person who petitions for a TPO. If the case proceeds to a hearing before a judge, the jduge will have the discretion to impose the full filing fee, a reduced fee, or no fee against the adverse party. If the case does not proceed to a hearing before a judge, the issue of fees will be considered to be "deferred" indefinitely.

Application: Applicants must complete an application for a temporary order for protection against stalking and harassment. This includes an affidavit and an Information Worksheet.

All forms needed to complete an application for a TPO can be found here.  Please complete ALL sections of the forms with the information needed by the Judge to evaluate the application. If documents are missing or incomplete, review of the application may be delayed or rejected.

The application may be typed or printed as long as the information is readable. Application documents are also available at the Henderson Justice Court Clerk's Office.

To file the application, you must bring your picture ID, the complete address of places you want the person to stay away from, plus any supporting documentation, such as police reports, to be attached to the application. The Information Worksheet is confidential and will not be released. It is important for you to provide the address and other identifying information of the person you want to place the protective order against. The police department or sheriff civil will attempt to serve Defendant with a copy of the Order based on the information provided.  The order is not valid until it has been served on the Defendant. 

You have the right to proceed without legal counsel whenever you are seeking a TPO. 

Stalking and Harassment Orders are NOT approved until they have been reviewed by a Judge. The Judge will review the affidavit and make sure that stalking and/or harassment exists as defined by the statutes. If the Judge grants the protective order, it expires in 30 days.  The protective order ONLY becomes effective WHEN IT IS SERVED on the defendant.

Extended Order of Protection: If you want to request an Extended Order of Protection, it must be made before the expiration of the original order. Upon application for an Extended Order, an Evidentiary Hearing is set for the Judge to hear the facts. If the Extended Order is Granted, the extended order expires within such time, not to exceed 1 year, as the court fixes. To apply for an Extended Order, complete the Motion to Modify, Dissolve, Extend or Enforce Order for Protection Against Stalking, Aggravated Stalking, or Harassment. Check the box marked Extension, and explain why the extension of the TPO Order is needed. Copies of the Motion Form can be accessed below. 

Rescinding an Order of Protection: A Defendant may request the TPO to be rescinded. To apply, complete the Motion to Modify, Dissolve, Extend or Enforce Order for Protection Against Stalking, Aggravated Stalking, or Harassment. Check the box marked Dissolution and explain why the dissolution of the TPO is needed. Copies of the Motion Form can be accessed below. 

Protective Order Forms

 

 

 

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