New filing fee for harassment victims draws complaints

Bill Gang

Thursday, July 22, 1999 | 10:01 a.m.

Harassed? Stalked? Need a temporary protective order from the Las Vegas Justice Court?

Sure, no problem. Just fill out the paperwork and, oh yes, there is a new filing fee of $36.

Of course, if the temporary protective order is aimed at a relative or seeks to protect against domestic violence, the orders at Family Court are still free.

And they will be until Nevada law is changed, according to Family Court Administrator Christina Chandler.

But Las Vegas Justice Court initiated the fee effective July 1 for their protective orders.

Chief Justice of the Peace Nancy Oesterle said, however, that the fee will be waived for anyone who claims they don't have the money. She said the judges would process the applications and make decisions based on the facts and not the filing fee.

"The (seven Las Vegas Township) judges agreed that's the most important thing," Oesterle said.

But both North Las Vegas and Henderson Justice Courts have declined to impose the fee.

In a July 13 letter, Oesterle said that the Las Vegas JPs have determined that the orders are classified as "civil actions" and that the new fee is the same as for the filing of any civil case that falls within the Justice Court jurisdiction.

But North Las Vegas Justice of the Peace Steve Dahl said he considers the orders to be "quasi-criminal" because the violation of such an order results in criminal charges being filed.

In true civil cases, those who ignore a judge's order can only be held in contempt of court, which can result in a 25-day jail stay.

Dahl said that people who are in situations that have pushed them to seek the orders "shouldn't have to worry about the money."

Henderson Justice of the Peace Rodney Burr said he recalls that when stalking and harassment protective orders were first legislated, "there were not supposed to be any impediments to the filing of applications."

"I think things are working pretty good the way they are," Burr said. "We're not charging for TPOs and have no plans to charge for them."

"In this day and age of domestic violence and stalking, I hate to put any impediment in the way of people trying to get them," Burr said. "Frankly, I don't want to charge for them."

But Oesterle said that legal research done by her court showed the filing fee should be collected.

In Las Vegas Township, where 706 applications were filed in the first half of the year, collecting the fee could have brought in more than $25,000.

While the township is on track for a record year, protective order applications have been near 1,200 for the last three years. In 1996, there were 1,266 applications, 1,144 in 1997 and 1,162 in 1998.

Of the $36 fee, $28 goes to the county general fund while $7 is sent to fund the Neighborhood Justice Centers that solve small disputes through mediation. The remaining $1 goes to the state to fund the census studies that determine the size of the townships and when they are eligible for new judges.

Defendants in protective order cases, however, won't get away free.

When a person named in an order files the first response challenging the order -- if a contested hearing is sought -- that person will be required to pay a $20 fee.