USA Statutes : nevada
Title : Title 03 - REMEDIES; SPECIAL ACTIONS AND PROCEEDINGS
Chapter : CHAPTER 33 - INJUNCTIONS
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]
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
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 ; 2001, 2128 ; 2003, 1754 )
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)
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 )
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. A temporary or extended order 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 the court 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. 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 47,000 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 pursuant to subsection 5.
7. In a county whose population is less than 47,000, 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 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 ; 2001, 1214 )
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 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.
5. A temporary or extended order must provide notice that a person
who is arrested for violating the order will not be admitted to bail
sooner than 12 hours after his arrest if the arresting officer determines
that such a violation is accompanied by a direct or indirect threat of
harm.
(Added to NRS by 1985, 2284; A 1995, 219; 2001, 1215 )
1. If a court issues an extended order which includes an order for
the support of a minor child, the court shall order the adverse party to
assign to the party who obtained the extended order that portion of the
income of the adverse party which is due or to become due and is
sufficient to pay the amount ordered by the court for the support, unless
the court finds good cause for the postponement of the assignment. A
finding of good cause must be based upon a written finding by the court
that the immediate assignment of income would not be in the best
interests of the child.
2. An assignment of income ordered pursuant to subsection 1 is
subject to the provisions of chapters 31A
and 125B of NRS.
3. The Division of Welfare and Supportive Services of the
Department of Health and Human Services, in consultation with the Office
of Court Administrator and other interested governmental entities, shall
develop procedures and forms to allow a person to whom an assignment is
ordered to be made to enforce the assignment in an expeditious and safe
manner.
(Added to NRS by 2003, 1753 )
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)
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.
4. The clerk of the court shall not charge an applicant for a
temporary or extended order for providing the applicant with a certified
copy of the temporary or extended order.
(Added to NRS by 1985, 2284; A 1997, 191; 2001, 2128 )
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 shall order the appropriate law enforcement agency to
serve, without charge, the adverse party personally with the temporary
order 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:
(a) Pursuant to the Nevada Rules of Civil Procedure; or
(b) In the manner provided in NRS 33.065 .
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; 2001, 2129 ; 2003, 1754 )
1. If the current address where the adverse party resides is
unknown and the law enforcement agency has made at least two attempts to
personally serve the adverse party at his current place of employment,
the law enforcement agency or a person designated by the law enforcement
agency may serve the adverse party by:
(a) Delivering a copy of the application for an extended order, the
notice of hearing thereon and a copy of the temporary order to the
current place of employment of the adverse party; and
(b) Thereafter, mailing a copy of the application for an extended
order, the notice of hearing thereon and a copy of the temporary order to
the adverse party at his current place of employment.
2. Delivery pursuant to paragraph (a) of subsection 1 must be made
by leaving a copy of the documents specified at the current place of
employment of the adverse party with the manager of the Department of
Health and Human Services or another similar person. Such a person shall:
(a) Accept service of the documents and make a reasonable effort to
deliver the documents to the adverse party;
(b) Identify another appropriate person who will accept service of
the documents and who shall make a reasonable effort to deliver the
documents to the adverse party; or
(c) Contact the adverse party and arrange for the adverse party to
be present at the place of employment to accept service of the documents
personally.
3. After delivering the documents to the place of employment of
the adverse party, a copy of the documents must be mailed to the adverse
party by first-class mail to the place of employment of the adverse party
in care of the employer.
4. The adverse party shall be deemed to have been served 10 days
after the date on which the documents are mailed to the adverse party.
5. Upon completion of service pursuant to this section, the law
enforcement agency or the person designated by the law enforcement agency
who served the adverse party in the manner set forth in this section
shall file with or mail to the clerk of the court proof of service in
this manner.
6. An employer is immune from civil liability for any act or
omission with respect to accepting service of documents, delivering
documents to the adverse party or contacting the adverse party and
arranging for the adverse party to accept service of the documents
personally pursuant to this section, if the employer acts in good faith
with respect to accepting service of documents, delivering documents to
the adverse party or contacting the adverse party and arranging for the
adverse party to accept service of the documents personally.
(Added to NRS by 2003, 1754 )
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. The law enforcement officer may make an
arrest with or without a warrant and regardless of whether the violation
occurs in his presence.
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; 2003, 888 )
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 )
1. Except as otherwise provided in subsection 2, an order for
protection against domestic violence issued by the court of another
state, territory or Indian tribe within the United States, including,
without limitation, any provisions in the order related to custody and
support, is valid and must be accorded full faith and credit and enforced
by the courts of this state as if it were issued by a court in this
state, regardless of whether the order has been registered in this state,
if the court in this state determines that:
(a) The issuing court had jurisdiction over the parties and the
subject matter under the laws of the State, territory or Indian tribe in
which the order was issued; and
(b) 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 within the time required by the laws of the
issuing state, territory or tribe and, in any event, within a reasonable
time after the order was issued.
2. If the order for protection against domestic violence issued by
the court of another state, territory or Indian tribe is a mutual order
for protection against domestic violence and:
(a) No counter or cross-petition or other pleading was filed by the
adverse party; or
(b) A counter or cross-petition or other pleading was filed and the
court did not make a specific finding of domestic violence by both
parties,
Ê the court shall refuse to enforce the order against the applicant and
may determine whether to issue its own temporary or extended order.
3. A law enforcement officer shall enforce an order for protection
against domestic violence issued by the court of another state, territory
or Indian tribe and shall make an arrest for a violation thereof in the
same manner that a law enforcement officer would make an arrest for a
violation of a temporary or extended order issued by a court of this
state unless it is apparent to the officer that the order is not
authentic on its face. An officer shall determine that an order is
authentic on its face if the order contains:
(a) The names of the parties;
(b) Information indicating that the order has not expired; and
(c) Information indicating that the court which issued the order
had legal authority to issue the order as evidenced by a certified copy
of the order, a file-stamped copy of the order, an authorized signature
or stamp of the court which issued the order or another indication of the
authority of the court which issued the order.
Ê An officer may determine that any other order is authentic on its face.
4. In enforcing an order for protection against domestic violence
issued by the court of another state, territory or Indian tribe or
arresting a person for a violation of such an order, a law enforcement
officer may rely upon:
(a) A copy of an order for protection against domestic violence
that has been provided to the officer;
(b) An order for protection against domestic violence that is
included in the Repository for Information Concerning Orders for
Protection Against Domestic Violence pursuant to NRS 33.095 or in any national crime information database;
(c) Oral or written confirmation from a law enforcement agency or
court in the jurisdiction in which the order for protection against
domestic violence was issued that the order is valid and effective; or
(d) An examination of the totality of the circumstances concerning
the existence of a valid and effective order for protection against
domestic violence, including, without limitation, the statement of a
person protected by the order that the order remains in effect.
5. The fact that an order has not been registered or included in
the Repository for Information Concerning Orders for Protection Against
Domestic Violence in the Central Repository for Nevada Records of
Criminal History pursuant to NRS 33.095
or in any national crime information database is not grounds for a law
enforcement officer to refuse to enforce the terms of the order unless it
is apparent to the officer that the order is not authentic on its face.
6. A court or law enforcement officer who enforces an order for
protection against domestic violence issued by the court of another
state, territory or Indian tribe based upon a reasonable belief that the
order is valid or who refuses to enforce such an order based upon a
reasonable belief that the order is not valid and the employer of such a
law enforcement officer are immune from civil and criminal liability for
any action taken or not taken based on that belief.
(Added to NRS by 2001, 2127 )
1. A person may 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.
2. The clerk of the court shall:
(a) Maintain a record of each order registered pursuant to this
section;
(b) Provide the protected party with a certified copy of the order
registered pursuant to this section bearing proof of registration with
the court;
(c) Forward, by the end of the next business day, a copy of an
order registered pursuant to this section 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 protected party or the child of the protected party; and
(d) 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
.
3. The clerk of the court shall not:
(a) Charge a fee for registering an order or for providing a
certified copy of an order pursuant to this section.
(b) Notify the party against whom the order has been made that an
order for protection against domestic violence issued by the court of
another state, territory or Indian tribe has been registered in this
State.
4. A person who registers an order pursuant to this section must
not be charged to have the order served in this State.
(Added to NRS by 1985, 2286; A 1997, 1810; 1999, 2063 ; 2001, 2129 )
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)
A person
who intentionally 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.
(Added to NRS by 1985, 2286; A 1989, 138; 1995, 1014; 1997, 35;
2001 Special Session, 123 ; 2003, 1515 ; 2005, 955 )
ORDERS FOR PROTECTION AGAINST HARASSMENT IN WORKPLACE
As used in NRS 33.200 to 33.360 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 33.210 , 33.220 and 33.230
have the meanings ascribed to them in those sections.
(Added to NRS by 2001, 2843 )
“Employee” means a person who is
employed by an employer, including, without limitation, an independent
contractor.
(Added to NRS by 2001, 2843 )
“Employer” means a public or
private employer in this state, including, without limitation, the State
of Nevada, an agency of this state and a political subdivision of this
state.
(Added to NRS by 2001, 2843 )
“Order for protection against harassment in the
workplace” means an order issued pursuant to NRS 33.270 .
(Added to NRS by 2001, 2843 )
Harassment in the workplace occurs when:
1. A person knowingly threatens to cause or commits an act that
causes:
(a) Bodily injury to himself or another person;
(b) Damage to the property of another person; or
(c) Substantial harm to the physical or mental health or safety of
a person;
2. The threat is made or the act is committed against an employer,
an employee of the employer while the employee performs his duties of
employment or a person present at the workplace of the employer; and
3. The threat would cause a reasonable person to fear that the
threat will be carried out or the act would cause a reasonable person to
feel terrorized, frightened, intimidated or harassed.
(Added to NRS by 2001, 2843 )
1. An employer or an authorized agent of an employer who
reasonably believes that harassment in the workplace has occurred may
file a verified application for a temporary order for protection against
harassment in the workplace against the person who allegedly committed
the harassment.
2. The verified application must include, without limitation:
(a) The name of the employer seeking the order;
(b) The name and address, if known, of the person who allegedly
committed the harassment in the workplace; and
(c) A detailed description of the events that allegedly constituted
harassment in the workplace and the dates on which these events occurred.
(Added to NRS by 2001, 2844 )
If an employer has knowledge that a specific
person is the target of harassment in the workplace and the employer
intends to seek a temporary or extended order for protection against such
harassment, the employer shall make a good faith effort to notify the
person who is the target of the harassment that the employer intends to
seek such an order.
(Added to NRS by 2001, 2848 )
1. The court may issue a temporary order for protection against
harassment in the workplace if it appears to the satisfaction of the
court from specific facts shown by a verified application filed pursuant
to NRS 33.250 that harassment in the
workplace has occurred.
2. Except as otherwise provided in subsection 4, a temporary order
for protection against harassment in the workplace must not be issued
without notice to the person who allegedly committed the harassment. A
temporary order for protection against harassment in the workplace must
not be issued without the giving of security by the employer in an amount
determined by the court to be sufficient to pay for such costs and
damages as may be incurred or suffered by the person who allegedly
committed the harassment if the person who allegedly committed the
harassment is found to have been wrongfully enjoined or restrained.
3. The court may require the employer or the person who allegedly
committed the harassment, or both, to appear before the court before
determining whether to issue the temporary order for protection against
harassment in the workplace.
4. A court may issue a temporary order for protection against
harassment in the workplace without written or oral notice to the person
who allegedly committed the harassment or his attorney only if:
(a) A verified application is accompanied by an affidavit that
contains specific facts which clearly show that immediate and irreparable
injury, loss or damage will result to the employer, an employee of the
employer while the employee performs the duties of his employment or a
person who is present at the workplace of the employer before the person
who allegedly committed the harassment or his attorney can be heard in
opposition; and
(b) The employer and the employer’s attorney, if any, set forth in
the affidavit:
(1) The efforts, if any, that have been made to give notice
to the person who allegedly committed the harassment; and
(2) The facts supporting waiver of notice requirements.
5. A temporary order for protection against harassment in the
workplace that is granted, with or without notice, must expire not later
than 15 days after the date on which the order is issued, unless extended
pursuant to subsections 6 and 7.
6. If a temporary order for protection against harassment in the
workplace is granted, with or without notice, the employer or his
authorized agent may apply for an extended order for protection against
harassment in the workplace by filing a verified application for an
extended order for protection against harassment in the workplace. If
such an application is filed, the temporary order remains in effect until
the hearing on the application for an extended order is held. The
application must:
(a) In addition to the information required by subsection 2 of NRS
33.250 , set forth the facts that
provide the basis for granting an extended order for protection against
harassment in the workplace;
(b) Be filed before the expiration of the temporary order for
protection against harassment in the workplace;
(c) Be heard as soon as reasonably possible and not later than 10
days after the date on which the application is filed with the court
unless the court determines that there are compelling reasons to hold the
hearing at a later date; and
(d) Be dismissed if the court finds that the temporary order for
protection against harassment in the workplace which is the basis of the
application has been dissolved or has expired.
7. At the hearing on an application filed pursuant to subsection
6, the employer must present evidence sufficient to support the granting
of the application for an extended order for protection against
harassment in the workplace. At the hearing, the court may:
(a) Dissolve or modify the temporary order for protection against
harassment in the workplace; or
(b) Grant an extended order for protection against harassment in
the workplace.
8. If granted, an extended order for protection against harassment
in the workplace expires within such time, not to exceed 1 year, as the
court fixes.
9. Upon 2 days’ notice to an employer who obtained a temporary
order for protection against harassment in the workplace without notice
or on such shorter notice to the employer as the court may prescribe, the
person who allegedly committed the harassment may appear and move the
dissolution or modification of the temporary order for protection against
harassment in the workplace. Upon the filing of such a motion, the court
shall proceed to hear and determine the motion as expeditiously as the
ends of justice require. At the hearing, the court may dissolve, modify
or extend the order.
10. The court may award costs and reasonable attorney’s fees to
the prevailing party in a matter brought pursuant to this section.
11. If a court issues an extended order for protection against
harassment in the workplace, 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.
(Added to NRS by 2001, 2844 ; A 2005, 955 )
1. A temporary or extended order for protection against harassment
in the workplace may:
(a) Enjoin the person who allegedly committed the harassment from
contacting the employer, an employee of the employer while the employee
is performing his duties of employment and any person while the person is
present at the workplace of the employer;
(b) Order the person who allegedly committed the harassment to stay
away from the workplace of the employer; and
(c) Order such other relief as the court deems necessary to protect
the employer, the workplace of the employer, the employees of the
employer while performing their duties of employment and any other
persons who are present at the workplace.
2. A court may not issue a temporary or extended order for
protection against harassment in the workplace that is against more than
one person.
3. A temporary or extended order for protection against harassment
in the workplace must:
(a) Specify, as applicable, the county and city, if any, in which
the workplace of the employer is located and in which the employees of
the employer perform their duties of employment;
(b) Include a provision ordering any law enforcement officer to
arrest the person who allegedly committed the harassment, with or without
a warrant, if the officer has probable cause to believe that the person
has been served with a copy of the order and has violated a provision of
the order;
(c) State the reasons for granting the order; and
(d) Include the following statement:
WARNING
This is an official court order. If you disobey this order, you may be
arrested and prosecuted for the crime of violating an order for
protection against harassment in the workplace and any other crime that
you may have committed in disobeying this order.
4. In addition to the requirements of subsection 3, if the court
granted a temporary order for protection against harassment in the
workplace without notice, the order must:
(a) Include a statement that the person who allegedly committed the
harassment is entitled to a hearing on the order pursuant to NRS 33.270
;
(b) Include the name and address of the court in which the petition
for a hearing may be filed;
(c) Contain the date and hour of issuance;
(d) Be immediately filed with the clerk of the court;
(e) Define the irreparable injury, loss or damage resulting from
the harassment and state why it is irreparable; and
(f) Set forth the reasons for granting the order without notice.
(Added to NRS by 2001, 2845 )
A temporary or
extended order for protection against harassment in the workplace is in
addition to and not in lieu of any other available civil or criminal
action. An employer is not barred from seeking an order because of other
pending proceedings.
(Added to NRS by 2001, 2846 )
1. A court shall transmit, by the end of the next business day
after a temporary or extended order for protection against harassment in
the workplace is issued, a copy of the order to the appropriate law
enforcement agency that has jurisdiction over the workplace of the
employer or the areas in which the employees of the employer perform
their duties of employment.
2. The court may order the appropriate law enforcement agency to
serve the person who allegedly committed the harassment personally with
the order if it finds that such service is necessary to avoid an 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 order, the notice of hearing thereon and
the order must be served upon the person who allegedly committed the
harassment pursuant to the Nevada Rules of Civil Procedure.
3. A law enforcement agency shall enforce a temporary or extended
order for protection against harassment in the workplace without regard
to the county in which the order was issued.
4. The clerk of the court that issued a temporary or extended
order for protection against harassment in the workplace shall issue a
copy of the order to the employer who requested the order and the person
who allegedly committed the harassment.
(Added to NRS by 2001, 2846 )
1. An employer or an authorized agent of an employer may register
a temporary or extended order for protection against harassment in the
workplace issued by the court of another state by presenting a certified
copy of the order to the clerk of the court in a judicial district in
which the employer believes that enforcement may be necessary.
2. A temporary or extended order for protection against harassment
in the workplace that is registered has the same effect and must be
enforced in like manner as such an order issued by a court of this state.
3. The clerk of the court shall maintain a record of each order
registered pursuant to this section.
(Added to NRS by 2001, 2847 )
1. Whether or not a violation occurs in the presence of a law
enforcement officer, the officer may, with or without a warrant, arrest
and take into custody a person if the officer has probable cause to
believe that:
(a) An order has been issued pursuant to NRS 33.270 against the person;
(b) The person has been served with a copy of the order; and
(c) The person is acting in violation of the order.
2. If a law enforcement officer cannot verify that the person was
served with a copy of the order and the officer is at the workplace of
the employer, the officer shall serve the person with a copy of the order
if a copy is available.
3. A law enforcement officer who serves a person with a copy of an
order pursuant to subsection 2 shall note the date and time of such
service on the copy of the order that was issued to the employer.
(Added to NRS by 2001, 2847 )
1. A court, a law enforcement officer or any other person who
enforces a temporary or extended order for protection against harassment
in the workplace based upon a reasonable belief that the order is valid
is immune from civil and criminal liability for any action taken based
upon that belief.
2. A court, a law enforcement officer or any other person who
refuses to enforce a temporary or extended order for protection against
harassment in the workplace based upon a reasonable belief that the order
is not valid is immune from civil and criminal liability for any action
taken or not taken based upon that belief.
3. The employer of a law enforcement officer who enforces a
temporary or extended order for protection against harassment in the
workplace based upon a reasonable belief that the order is valid or who
refuses to enforce such an order based upon a reasonable belief that the
order is not valid is immune from civil and criminal liability for any
action taken or not taken by the law enforcement officer based upon that
belief.
(Added to NRS by 2001, 2847 )
1. An employer is immune from civil liability for:
(a) Seeking a temporary or extended order for protection against
harassment in the workplace, if the employer acts in good faith in
seeking the order; or
(b) Failing to seek a temporary or extended order for protection
against harassment in the workplace.
2. An action taken or a statement made by an employer pursuant to
NRS 33.200 to 33.360 , inclusive:
(a) Shall not be deemed an admission by the employer of any fact;
and
(b) May be used for the purposes of impeachment.
(Added to NRS by 2001, 2848 )
A person
who intentionally violates a temporary or extended order for protection
against harassment in the workplace is guilty of a misdemeanor, unless a
more severe penalty is prescribed by law for the act that constitutes the
violation of the order.
(Added to NRS by 2001, 2848 ; A 2005, 956 )
The provisions of
NRS 33.200 to 33.360 , inclusive, do not:
1. Modify the duty of an employer to provide a safe workplace for
the employees of the employer and other persons present at the workplace
of the employer;
2. Prohibit a person from engaging in any constitutionally
protected exercise of free speech, including, without limitation, speech
involving labor disputes concerning organized labor; or
3. Prohibit a person from engaging in any activity which is part
of a labor dispute.
(Added to NRS by 2001, 2848 )
ORDERS FOR PROTECTION OF CHILDREN
1. In addition to any other remedy provided by law, the parent or
guardian of a child may petition any court of competent jurisdiction on
behalf of the child for a temporary or extended order against a person
who is 18 years of age or older and who the parent or guardian reasonably
believes has committed or is committing a crime involving:
(a) Physical or mental injury to the child of a nonaccidental
nature; or
(b) Sexual abuse or sexual exploitation of the child.
2. If such an order on behalf of a child is granted, the court may
direct the person who allegedly committed or is committing the crime to:
(a) Stay away from the home, school, business or place of
employment of the child and any other location specifically named by the
court.
(b) Refrain from contacting, intimidating, threatening or otherwise
interfering with the child and any other person specifically named by the
court, who may include, without limitation, a member of the family or the
household of the child.
(c) Comply with any other restriction which the court deems
necessary to protect the child or to protect any other person
specifically named by the court who may include, without limitation, a
member of the family or the household of the child.
3. If a defendant charged with committing a crime described in
subsection 1 is released from custody before trial or is found guilty
during the trial, the court may issue a temporary or extended order or
provide as a condition of the release or sentence that the defendant:
(a) Stay away from the home, school, business or place of
employment of the child against whom the alleged crime was committed and
any other location specifically named by the court.
(b) Refrain from contacting, intimidating, threatening or otherwise
interfering with the child against whom the alleged crime was committed
and any other person specifically named by the court, who may include,
without limitation, a member of the family or the household of the child.
(c) Comply with any other restriction which the court deems
necessary to protect the child or to protect any other person
specifically named by the court who may include, without limitation, a
member of the family or the household of the child.
4. A temporary order may be granted with or without notice to the
adverse party. An extended order may be granted only after:
(a) Notice of the petition for the order and of the hearing thereon
is served upon the adverse party pursuant to the Nevada Rules of Civil
Procedure; and
(b) A hearing is held on the petition.
5. If an extended order is issued by a Justice 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.
6. Unless a more severe penalty is prescribed by law for the act
that constitutes the violation of the order, any person who intentionally
violates:
(a) A temporary order is guilty of a gross misdemeanor.
(b) An extended order is guilty of a category C felony and shall be
punished as provided in NRS 193.130 .
7. Any court order issued pursuant to this section must:
(a) Be in writing;
(b) Be personally served on the person to whom it is directed; and
(c) Contain the warning that violation of the order:
(1) Subjects the person to immediate arrest.
(2) Is a gross misdemeanor if the order is a temporary order.
(3) Is a category C felony if the order is an extended order.
(Added to NRS by 2003, 806 ; A 2005, 957 )
1. The payment of all costs and official fees must be deferred for
any person who petitions a court for a temporary or extended order
pursuant to NRS 33.400 . After any
hearing and not later than final disposition of such an 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 a person who petitions the
court for a temporary or extended order pursuant to NRS 33.400 and the adverse party, free of cost, with
information about the:
(a) Availability of temporary and extended orders pursuant to NRS
33.400 ;
(b) Procedure for filing an application for such an order; and
(c) Right to proceed without legal counsel.
3. A person who obtains an order pursuant to NRS 33.400 must not be charged any fee to have the order
served in this state.
(Added to NRS by 2003, 807 )
1. A temporary order issued pursuant to NRS 33.400 expires within such time, not to exceed 30
days, as the court fixes. If a petition for an extended order is filed
within the period of a temporary order, 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 2003, 808 )
1. Each court that issues an order pursuant to NRS 33.400 shall transmit, as soon as practicable, a copy
of the order to all law enforcement agencies within its jurisdiction. The
copy must include a notation of the date on which the order was
personally served upon the person to whom it is directed.
2. A peace officer, without a warrant, may arrest and take into
custody a person when the peace officer has probable cause to believe
that:
(a) An order has been issued pursuant to NRS 33.400 to the person to be arrested;
(b) The person to be arrested has been served with a copy of the
order; and
(c) The person to be arrested is acting in violation of the order.
3. Any law enforcement agency in this State may enforce a court
order issued pursuant to NRS 33.400 .
(Added to NRS by 2003, 808 ; A 2005, 958 )
1. Upon the request of the parent or guardian of a child, the
prosecuting attorney in any trial brought against a person for a crime
described in subsection 1 of NRS 33.400
shall inform the parent or guardian of the final disposition of the case.
2. If the defendant is found guilty and the court issues an order
or provides a condition of his sentence restricting the ability of the
defendant to have contact with the child against whom the crime was
committed or witnesses, the clerk of the court shall:
(a) Keep a record of the order or condition of the sentence; and
(b) Provide a certified copy of the order or condition of the
sentence to the parent or guardian of the child and other persons named
in the order.
(Added to NRS by 2003, 808 )
