Nevada’s Order for Protection Against High-Risk Behavior: A Vital Tool for Safety
An order for protection against high-risk behavior is a measure designed to help an individual in crisis, and the people around them, to stay safe from gun violence.
An order for protection against high-risk behavior is a court order that temporarily restricts a person’s access to guns. It is designed to help law enforcement and concerned family members intervene quickly in dangerous situations.
Nevada Protection Order FAQs
Have a question about Nevada’s order for protection against high-risk behavior?
To seek an order for protection against high-risk behavior, a family or household member can file an application directly with the court or contact a member of law enforcement to discuss any concerns with them. Law enforcement can then investigate any concerns and then request the order from the court.
Under Nevada law, a law enforcement officer or a person’s family or household member may file a petition for an order for protection against high-risk behavior.
A family or household member is defined as:
- A spouse;
- A domestic partner;
- A parent;
- A child;
- Any person who regularly resides in the household;
- Any person who has a child in common with the adverse party;
- Any person who is acting, or who has acted as a guardian to the individual; or
- Anyone related to the person by blood or marriage.
Once the court receives a request (called a “petition”) for an order for protection against high-risk behavior, the court will notify the person and schedule a court hearing to determine whether the order should be issued.
If, at the hearing, a court finds that a person poses a significant risk of suicide or of causing physical injury to another person and that the order is necessary to prevent that harm, the judge can make a court order that requires the person’s firearms to be held by law enforcement for as long as the order is in effect, or transfer the person’s guns to a licensed gun dealer.
The person will not be able to purchase new firearms while the order is in effect.
Concern for the safety of the person, or of the public, may demand that action be taken before the scheduled hearing date, to prevent immediate danger.
To protect a person or public safety during this time, a judge may issue an emergency order that restricts a person’s access to firearms before the person has been notified of the petition, and before a full hearing is held.
Emergency orders last only until the court hearing on a final (one-year) extreme risk protection order.
Because these orders only stay in place for a short period of time—between 7 and 14 days—they balance the urgent need for public safety with the due process rights of all involved.
A final order for protection against high-risk behavior lasts for up to one year.
At the end of a year, the person who petitioned the court—either law enforcement or a family or household member—may ask the court to renew the order. The order can only be extended if another hearing is held and the court determines the risk of harm remains and the renewal order is necessary.
No. An order for protection against high-risk behavior is a civil court order. Its sole purpose is to remove firearms from a person who poses a danger of causing harm to themselves or to others. The court’s decision to issue the order does not cause the person to have a criminal record.
Even if you don’t fall into any of the categories mentioned above, you can still take action in moments of crisis. If you are worried about someone who is showing warning signs that they are at risk of self-harm or harming someone else if they have access to a firearm, you can contact a law enforcement officer, or a family or household member and ask that they seek an order for protection against high-risk behavior.