Domestic Abuse Laws
Nevada
2001
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CHAPTER 33 - INJUNCTIONS
NRS 33.015 Injunction to restrain unlawful act against witness or victim of crime.
NRS 33.019 Masters: Appointment; qualifications; powers and duties.
NRS 33.050 Assessment of court costs and fees; duty of court clerk to assist parties.
NRS 33.070 Inclusion in order of requirement of arrest; verification of notice to adverse party.
NRS 33.080 Expiration, conversion, modification and dissolution of order; hearing.
CHAPTER 171 - PROCEEDINGS
TO COMMITMENT
ARREST: BY WHOM AND HOW MADE (MANDATORY ARREST)
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]
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)
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)
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)
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)
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)
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;
(b) Exclude the adverse party from the applicant’s place 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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
