Las Vegas judge says protection orders can help in some domestic violence situations but escalate others

While a survivor is fleeing a domestic violence situation or in the process of restarting their life, sometimes a temporary protection order can help.

“For many women, this provides a little bit of reassurance and peace of mind,” said Athar Haseebullah, a staff attorney with the Legal Aid Center of Southern Nevada.

A temporary protection order is a court-mandated document that prevents people from making contact with other people, even through a third party, and from visiting their home, work or other places.

Clark County Court Judge Frank P. Sullivan said when an abuser is in jail or has been arrested, and a victim applies for a protection order, it’s usually processed within 24 hours. “Even if it’s at night or (the) weekend, there is always a judge on call,” he added.

Emergency protection orders last 30 days and can be extended for up to a year, he said.

“Other states allow you to do it for longer,” Sullivan added. “Here in Nevada, it’s just up to one year.”

When that year is up, a person can apply for another protection order if another incident occurred during that period. If denied, people can reapply if another incident occurs, whether it’s physical or psychological abuse.

Sometimes, this leads to a court hearing to determine if a protection order is needed.

“Here, I’m looking for a pattern of behavior,” Sullivan said, adding that doesn’t always mean violence, though past abuse is a good indicator.

At the hearing, survivors are asked to bring evidence of the abuse from voicemails, texts and photos. Even when those don’t exist, Sullivan said there are other ways to determine abuse.

“Sometimes, they will just admit it,” he said.

It’s not always easy, especially if a victim has to face the abuser in court.

“I’ve seen cases where they (the accused abuser) will send (the victim) one look, and they will get intimidated,” Sullivan said.

Oftentimes, Sullivan will have the accused leave the courtroom so the victim can speak without fear or even instruct the person not to make any eye contact with the victim when they speak.

“Not every judge agrees with that method,” he added.

Even if a protection order is granted, it doesn’t mean the survivor is safe.

Brooks, who withheld her full name for safety reasons, said a protection order is just a piece of paper.

Her abuser warned her that he would walk right through a protection order and kill her before she had a chance to call the police.

“It would have just made him angry,” she said. “There was no point in getting one.”

Sullivan doesn’t recommend all people seek protection orders, at least not as the only means to escape abuse.

“Leaving is the most dangerous time for a victim,” he said. “If an abuser is served a temporary protection order, that could escalate the violence.”

To reach Henderson View reporter Michael Lyle, email mlyle@viewnews.com or call 702-387-5201. Find him on Twitter: @mjlyle.