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Abuse Laws
Nevada
2001
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Nevada
Revised Statutes
CHAPTER 33 - INJUNCTIONS
CHAPTER
171 - PROCEEDINGS TO COMMITMENT
ARREST: BY WHOM AND HOW MADE (MANDATORY ARREST)
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NRS
33.010 Cases in which injunction may be granted.
An
injunction may be granted in the following cases:
1. When it shall appear by the complaint that the plaintiff
is entitled to the relief demanded, and such relief or any part
thereof consists in restraining the commission or continuance
of the act complained of, either for a limited period or perpetually.
2. When it shall appear by the complaint or affidavit that the
commission or continuance of some act, during the litigation,
would produce great or irreparable injury to the plaintiff.
3. When it shall appear, during the litigation, that the defendant
is doing or threatens, or is about to do, or is procuring or
suffering to be done, some act in violation of the plaintiff’s
rights respecting the subject of the action, and tending to
render the judgment ineffectual.
[1911 CPA § 195; RL § 5137; NCL § 8693]
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NRS 33.015 Injunction to restrain unlawful act against witness
or victim of crime.
Whenever
it appears that a defendant or other person is doing, about
to do, threatening to do or procuring to be done some act against
a victim of a crime or a witness in violation of any provision
of NRS
199.230, 199.240
or 199.305,
a court of competent jurisdiction may issue an injunction restraining
the defendant or other person from the commission or continuance
of that act.
(Added to NRS by 1983, 1683; A 1985, 225)
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ORDERS
FOR PROTECTION AGAINST DOMESTIC VIOLENCE
NRS
33.017 Definitions.
As
used in NRS
33.017 to 33.100,
inclusive, unless the context otherwise requires:
1. “Extended order” means an extended order for protection
against domestic violence.
2. “Temporary order” means a temporary order for protection
against domestic violence.
(Added to NRS by 1985, 2283; A 1997, 1808; 1999, 1372)
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NRS
33.018 Acts which constitute domestic violence.
1. Domestic violence occurs when a person commits one of the
following acts against or upon his spouse, former spouse, any
other person to whom he is related by blood or marriage, a person
with whom he is or was actually residing, a person with whom
he has had or is having a dating relationship, a person with
whom he has a child in common, the minor child of any of those
persons or his minor child:
(a)
A battery. (b)
An assault.
(c)
Compelling the other by force or threat of force to perform
an act from which he has the right to refrain or to refrain
from an act which he has the right to perform.
(d) A sexual assault.
(e)
A knowing, purposeful or reckless course of conduct intended
to harass the other. Such conduct may include, but is not
limited to:
(1) Stalking.
(2) Arson.
(3) Trespassing.
(4) Larceny.
(5) Destruction of private property.
(6) Carrying a concealed weapon without a permit.
(f) A false imprisonment. (g) Unlawful entry of the other’s residence, or forcible
entry against the other’s will if there is a reasonably
foreseeable risk of harm to the other from the entry.
2. As used in this section, “dating relationship”
means frequent, intimate associations primarily characterized
by the expectation of affectional or sexual involvement. The
term does not include a casual relationship or an ordinary association
between persons in a business or social context.
(Added to NRS by 1985, 2283; A 1995, 902; 1997, 1808)
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NRS
33.019 Masters: Appointment; qualifications; powers and duties.
1. In an action to issue, dissolve, convert, modify, register
or enforce a temporary or extended order pursuant to NRS
33.017 to 33.100,
inclusive, the court may appoint a master to take testimony
and recommend orders.
2. The master must be an attorney licensed to practice in this
state.
3. The master shall:
(a) Take testimony and establish a record; and
(b) Make findings of fact, conclusions of law and recommendations
concerning a temporary or extended order.
(Added to NRS by 1999, 1372)
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NRS
33.020 Requirements for issuance of temporary and extended
orders; availability of court; court clerk to inform protected
party upon transfer of information to central repository.
1. If it appears to the satisfaction of the court from specific
facts shown by a verified application that an act of domestic
violence has occurred or there exists a threat of domestic violence,
the court may grant a temporary or extended order for protection
against domestic violence. A temporary or extended order for
protection against domestic violence must not be granted to
the applicant or the adverse party unless he has requested the
order and has filed a verified application that an act of domestic
violence has occurred or there exists a threat of domestic violence.
2. The court may require the applicant or the adverse party,
or both, to appear before it before determining whether to grant
the temporary or extended order.
3. A temporary order may be granted with or without notice to
the adverse party. An extended order may only be granted after
notice to the adverse party and a hearing on the application.
A hearing on an application for an extended order must be held
within 45 days after the date on which the application for the
extended order is filed.
4. The court shall rule upon an application for a temporary
order within 1 judicial day after it is filed.
5. If it appears to the satisfaction of the court from specific
facts communicated by telephone to the court by an alleged victim
that an act of domestic violence has occurred and the alleged
perpetrator of the domestic violence has been arrested and is
presently in custody pursuant to NRS
171.137, the court may grant a temporary order for protection
against domestic violence. Before approving an order under such
circumstances, the court shall confirm with the appropriate
law enforcement agency that the applicant is an alleged victim
and that the alleged perpetrator is in custody. Upon approval
by the court, the signed order may be transmitted to the facility
where the alleged perpetrator is in custody by electronic or
telephonic transmission to a facsimile machine. If such an order
is received by the facility holding the alleged perpetrator
while he is still in custody, the order must be personally served
by an authorized employee of the facility before the alleged
perpetrator is released. The court shall mail a copy of each
order issued pursuant to this subsection to the alleged victim
named in the order and cause the original order to be filed
with the court clerk on the first judicial day after it is issued.
6. In a county whose population is 400,000 or more, the court
shall be available 24 hours a day, 7 days a week, including
nonjudicial days and holidays, to receive communications by
telephone and for the issuance of a temporary order for protection
against domestic violence pursuant to subsection 5.
7. In a county whose population is less than 400,000, the court
may be available 24 hours a day, 7 days a week, including nonjudicial
days and holidays, to receive communications by telephone and
for the issuance of a temporary order for protection against
domestic violence pursuant to subsection 5.
8. The clerk of the court shall inform the protected party upon
the successful transfer of information concerning the registration
to the central repository for Nevada records of criminal history
as required pursuant to NRS
33.095.
(Added to NRS by 1979, 946; A 1985, 2286; 1993, 810; 1995, 902;
1997, 1808; 1999, 1372)
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NRS
33.030 Contents of order; interlocutory appeal.
1. The court by a temporary order may:
(a) Enjoin the adverse party from threatening, physically
injuring or harassing the applicant or minor child, either
directly or through an agent;
of residence;
(c) Prohibit the adverse party from entering the residence,
school or place of employment of the applicant or minor child
and order him to stay away from any specified place frequented
regularly by them;
(d) If it has jurisdiction under chapter
125A of NRS, grant temporary custody of the minor child
to the applicant; and
(e) Order such other relief as it deems necessary in an emergency
situation.
2. The court by an extended order may grant any relief enumerated
in subsection 1 and:
(a) Specify arrangements for visitation of the minor child
by the adverse party and require supervision of that visitation
by a third party if necessary; and
(b) Order the adverse party to:
(1) Avoid or limit communication with the applicant or minor
child; (2) Pay rent or make payments on a mortgage on the applicant’s
place of residence or pay for the support of the applicant
or minor child if he is found to have a duty to support
the applicant or minor child; and
(3) Pay all costs and fees incurred by the applicant in
bringing the action.
3. If an extended order is issued by a justice’s court,
an interlocutory appeal lies to the district court, which may
affirm, modify or vacate the order in question. The appeal may
be taken without bond, but its taking does not stay the effect
or enforcement of the order.
4. A temporary or extended order must specify, as applicable,
the county and city, if any, in which the residence, school,
child care facility or other provider of child care, and place
of employment of the applicant or minor child are located.
(Added to NRS by 1985, 2284; A 1995, 219)
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NRS
33.040 No requirement of action for dissolution of marriage;
order does not preclude other action; consolidation with other
action.
1. A temporary or extended order may be granted under NRS
33.020 without regard to whether an action for divorce,
annulment of marriage or separate maintenance has been filed
respecting the applicant and the adverse party.
2. A temporary or extended order is in addition to and not in
lieu of any other available civil or criminal action. An applicant
is not barred from seeking an order because of other pending
proceedings.
3. An application for a temporary or extended order may be consolidated
with another civil action if it would prevent an act of domestic
violence.
(Added to NRS by 1985, 2286)
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NRS
33.050 Assessment of court costs and fees; duty of court clerk
to assist parties.
1. The payment of all costs and official fees must be deferred
for any applicant for a temporary or extended order. After any
hearing and no later than final disposition of the application
or order, the court shall assess the costs and fees against
the adverse party, except that the court may reduce them or
waive them, as justice may require.
2. The clerk of the court shall provide each party, free of
cost, with information about the:
(a) Availability of temporary and extended orders;
(b) Procedure for filing an application for an order; and
(c) Right to proceed without legal counsel.
3. The clerk of the court or other person designated by the
court shall assist any party in completing and filing the application,
affidavit and any other paper or pleading necessary to initiate
or respond to an application for a temporary or extended order.
This assistance does not constitute the practice of law, but
the clerk shall not render any advice or service that requires
the professional judgment of an attorney.
(Added to NRS by 1985, 2284; A 1997, 191)
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>NRS
33.060 Notice of order to law enforcement agency; service
of order; duty to enforce order; copy of order for applicant
and adverse party.
1. The court shall transmit, by the end of the next business
day after the order is issued, a copy of the temporary or extended
order to the appropriate law enforcement agency which has jurisdiction
over the residence, school, child care facility or other provider
of child care, or place of employment of the applicant or the
minor child.
2. The court may order the appropriate law enforcement agency
to serve the adverse party personally with the temporary order
if it finds that such service is necessary to avoid any act
of violence and to file with or mail to the clerk of the court
proof of service by the end of the next business day after service
is made. Service of an application for an extended order and
the notice of hearing thereon must be served upon the adverse
party pursuant to the Nevada Rules of Civil Procedure.
3. A law enforcement agency shall enforce a temporary or extended
order without regard to the county in which the order was issued.
4. The clerk of the court shall issue, without fee, a copy of
the temporary or extended order to the applicant and the adverse
party.
(Added to NRS by 1985, 2285; A 1995, 219)
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NRS
33.070 Inclusion in order of requirement of arrest; verification
of notice to adverse party.
1. Every temporary or extended order must include a provision
ordering any law enforcement officer to arrest an adverse party
if the officer has probable cause to believe that the adverse
party has violated any provision of the order.
2. If a law enforcement officer cannot verify that the adverse
party was served with a copy of the application and order, he
shall:
(a) Inform the adverse party of the specific terms and conditions
of the order;
(b) Inform the adverse party that he now has notice of the
provisions of the order and that a violation of the order
will result in his arrest; and
(c) Inform the adverse party of the location of the court
that issued the original order and the hours during which
the adverse party may obtain a copy of the order.
3. Information concerning the terms and conditions of the order,
the date and time of the notice provided to the adverse party
and the name and identifying number of the officer who gave
the notice must be provided in writing to the applicant and
noted in the records of the law enforcement agency and the court.
(Added to NRS by 1985, 2285; A 1997, 1809)
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NRS
33.080 Expiration, conversion, modification and dissolution
of order; hearing.
1. A temporary order expires within such time, not to exceed
30 days, as the court fixes. If an application for an extended
order is filed within the period of a temporary order or at
the same time that an application for a temporary order is filed,
the temporary order remains in effect until the hearing on the
extended order is held.
2. On 2 days’ notice to the party who obtained the temporary
order, the adverse party may appear and move its dissolution
or modification, and in that event the court shall proceed to
hear and determine such motion as expeditiously as the ends
of justice require.
3. An extended order expires within such time, not to exceed
1 year, as the court fixes. A temporary order may be converted
by the court, upon notice to the adverse party and a hearing,
into an extended order effective for not more than 1 year.
(Added to NRS by 1985, 2285; A 1999, 1373)
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NRS
33.090 Order from another jurisdiction: Accorded full faith
and credit; may be registered in this state; enforcement; immunity;
no fee for application or registration; court clerk to inform
protected party upon transfer of information to central repository.
1. A valid order for protection against domestic violence issued
by a court of another state, territory or Indian tribe within
the United States must be accorded full faith and credit by
the courts of this state and enforced as if it were issued by
a court in this state, regardless of whether the order has been
registered in this state.
2. A person may apply to a court of this state to register an
order for protection against domestic violence issued by the
court of another state, territory or Indian tribe within the
United States by presenting a certified copy of the order to
the clerk of the court in a judicial district in which the person
believes that enforcement may be necessary.
3. Except as otherwise provided in subsection 5, upon application
by the protected party pursuant to subsection 2, a court of
competent jurisdiction in this state shall register such an
order if:
(a) The court determines that the issuing court had proper
jurisdiction over the parties and the subject matter under
the laws of the state, territory or tribe; and
(b) The court determines that the adverse party was given
reasonable notice and an opportunity to be heard before the
order was issued or, in the case of an ex parte order, the
adverse party was given reasonable notice and an opportunity
to be heard as soon as possible after the order was issued.
4. An order that is registered has the same effect and must
be enforced in like manner as an order for protection against
domestic violence issued by a court of this state.
5. If the order for protection against domestic violence issued
by the court of another state, territory or Indian tribe was
a mutual order for protection against domestic violence and:
(a) No counter or cross-petition was filed seeking such protection
order;
(b) A counter or cross-petition was filed and the court did
not make a specific finding of domestic violence by both parties;
or
(c) The person who is applying to register the order has violated
a law of the State of Nevada relating to a different protection
order issued against him,
the
court may refuse to register and enforce the order and may determine
whether to issue its own temporary or extended order.
6. A temporary or extended order of another state, territory
or Indian tribe presented pursuant to this section which appears
authentic on its face must be presumed valid.
7. A court, law enforcement officer or any other person who
enforces an order for protection against domestic violence based
upon a reasonable belief that the order is valid is immune from
civil liability for any action taken based on that belief.
8. The clerk of the court shall maintain a record of each order
registered pursuant to this section.
9. The clerk shall not charge a fee for an application to register
or for registering an order pursuant to this section.
10. The clerk shall inform the protected party upon the successful
transfer of information concerning the registration to the central
repository for Nevada records of criminal history as required
pursuant to NRS
33.095.
(Added to NRS by 1985, 2286; A 1997, 1810; 1999, 2063)
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NRS
33.095 Duty to transmit information concerning temporary
or extended order to central repository.
Any
time that a court issues a temporary or extended order and any
time that a person serves such an order, registers such an order
or receives any information or takes any other action pursuant
to NRS
33.017 to 33.100,
inclusive, he shall cause to be transmitted, in the manner prescribed
by the central repository for Nevada records of criminal history,
any information required by the central repository in a manner
which ensures that the information is received by the central
repository by the end of the next business day.
(Added to NRS by 1997, 1807)
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NRS
33.100 Penalties for violation of order.
1. A person who violates a temporary or extended order is guilty
of a misdemeanor, unless a more severe penalty is prescribed
by law for the act that constitutes the violation of the order.
If the violation is accompanied by a violent physical act by
the adverse party against a person protected by the order, the
court shall:
(a) Impose upon the adverse party a fine of $1,000 or require
him to perform a minimum of 200 hours of work for the community;
(b) Sentence him to imprisonment for not fewer than 5 days
nor more than 6 months;
(c) Order him to reimburse the applicant, in an amount determined
by the court, for all costs and attorney’s fees incurred
by the applicant in seeking to enforce the temporary or extended
order, and for all medical expenses of the applicant and any
minor child incurred as a result of the violent physical act;
and
(d) Order him to participate in and complete a program of
professional counseling, at his own expense, if such counseling
is available.
2. The adverse party shall comply with the order for reimbursement
of the applicant before paying a fine imposed pursuant to this
section.
(Added to NRS by 1985, 2286;A 1989, 138; 1995, 1014; 1997, 35)
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CHAPTER
171 - PROCEEDINGS TO COMMITMENT
ARREST:
BY WHOM AND HOW MADE (MANDATORY ARREST)
NRS
171.137 Arrest required for suspected battery constituting domestic
violence; exceptions.
1.
Except as otherwise provided in subsection 2, whether or not
a warrant has been issued, a peace officer shall, unless mitigating
circumstances exist, arrest a person when he has probable cause
to believe that the person to be arrested has, within the preceding
24 hours, committed a battery upon his spouse, former spouse,
any other person to whom he is related by blood or marriage,
a person with whom he is or was actually residing, a person
with whom he has had or is having a dating relationship, a person
with whom he has a child in common, the minor child of any of
those persons or his minor child.
2. If the peace officer has probable cause to believe that a
battery described in subsection 1 was a mutual battery, he shall
attempt to determine which person was the primary physical aggressor.
If the peace officer determines that one of the persons who
allegedly committed a battery was the primary physical aggressor
involved in the incident, the peace officer is not required
to arrest any other person believed to have committed a battery
during the incident. In determining whether a person is a primary
physical aggressor for the purposes of this subsection, the
peace officer shall consider:
(a) Prior domestic violence involving either person;
(b) The relative severity of the injuries inflicted upon the
persons involved;
(c) The potential for future injury;
(d) Whether one of the alleged batteries was committed in self-defense;
and
(e) Any other factor that may help the peace officer decide
which person was the primary physical aggressor.
3. A peace officer shall not base his decision regarding whether
to arrest a person pursuant to this section on his perception
of the willingness of a victim or a witness to the incident
to testify or otherwise participate in related judicial proceedings.
4. As used in this section, “dating relationship”
means frequent, intimate associations primarily characterized
by the expectation of affectional or sexual involvement. The
term does not include a casual relationship or an ordinary association
between persons in a business or social context.
(Added to NRS by 1985, 2170; A 1989, 23; 1995, 901; 1997, 1533,
1802; 1999, 486)
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