2005 Nevada Revised Statutes - Chapter 33 — Injunctions

CHAPTER 33 - INJUNCTIONS

GENERAL PROVISIONS

NRS 33.010 Casesin which injunction may be granted.

NRS 33.015 Injunctionto restrain unlawful act against witness or victim of crime.

ORDERS FOR PROTECTION AGAINST DOMESTIC VIOLENCE

NRS 33.017 Definitions.

NRS 33.018 Actswhich constitute domestic violence.

NRS 33.019 Masters:Appointment; qualifications; powers and duties.

NRS 33.020 Requirementsfor issuance of temporary and extended orders; availability of court; courtclerk to inform protected party upon transfer of information to CentralRepository.

NRS 33.030 Contentsof order; interlocutory appeal.

NRS 33.035 Extendedorder to include assignment of income for support of child in certaincircumstances.

NRS 33.040 Norequirement of action for dissolution of marriage; order does not precludeother action; consolidation with other action.

NRS 33.050 Assessmentof court costs and fees; duty of court clerk to assist parties; no charge forcertified copy of order for applicant.

NRS 33.060 Noticeof order to law enforcement agency; duty to serve and enforce order withoutcharge; no charge for copy of order for applicant and adverse party.

NRS 33.065 Alternativemethod for serving adverse party at current place of employment; when adverseparty deemed served; immunity from liability for employer.

NRS 33.070 Inclusionin order of requirement of arrest; verification of notice to adverse party.

NRS 33.080 Expiration,conversion, modification and dissolution of order; hearing.

NRS 33.085 Orderfrom another jurisdiction: Accorded full faith and credit under certaincircumstances; effect of mutual orders; enforcement; effect of not registeringorder or including order in repository or database; immunity.

NRS 33.090 Orderfrom another jurisdiction: Registration in this State; duties of court clerk;prohibition against notification of adverse party by clerk; no charge forregistration, certified copy or service.

NRS 33.095 Dutyto transmit information concerning temporary or extended order to CentralRepository.

NRS 33.100 Penaltyfor intentional violation of order.

ORDERS FOR PROTECTION AGAINST HARASSMENT IN WORKPLACE

NRS 33.200 Definitions.

NRS 33.210 Employeedefined.

NRS 33.220 Employerdefined.

NRS 33.230 Orderfor protection against harassment in the workplace defined.

NRS 33.240 Actsthat constitute harassment in workplace.

NRS 33.250 Verifiedapplication for temporary order; contents of application.

NRS 33.260 Noticeof intent to seek order to be provided to known target of harassment.

NRS 33.270 Requirementsfor issuance of temporary or extended order; expiration; right to challengetemporary order; award of costs and attorneys fees to prevailing party;interlocutory appeal of extended order.

NRS 33.280 Effectof temporary or extended order; court may not issue order against more than oneperson; contents of order.

NRS 33.290 Orderdoes not preclude other action.

NRS 33.300 Transmittalof copy of order to law enforcement agency; service and enforcement of order;issuance of copies of order.

NRS 33.310 Registrationof order; effect of registration; duty of court clerk to maintain record ofregistered order.

NRS 33.320 Arrestof person who violates order; service of order; duty to note date and time ofservice on copy of order issued to employer.

NRS 33.330 Immunityfor certain persons who enforce or refuse to enforce order.

NRS 33.340 Employerimmune from civil liability under certain circumstances; use of actions takenand statements made by employer.

NRS 33.350 Penaltyfor intentional violation of order.

NRS 33.360 Limitationson effect of provisions.

ORDERS FOR PROTECTION OF CHILDREN

NRS 33.400 Parentor guardian authorized to petition for order on behalf of child; contents oforder; appeal of extended order; penalty for violation of order.

NRS 33.410 Petitionfor order: Deferment of costs and fees; free information concerning order; nofee for serving order.

NRS 33.420 Durationof orders; dissolution or modification of temporary order.

NRS 33.430 Orderto be transmitted to law enforcement agencies; arrest for violation;enforcement of order.

NRS 33.440 Parentor guardian to be informed of final disposition of trial upon request; recordof restrictions on defendants conduct.

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GENERAL PROVISIONS

NRS 33.010 Casesin which injunction may be granted. Aninjunction may be granted in the following cases:

1. When it shall appear by the complaint that theplaintiff is entitled to the relief demanded, and such relief or any partthereof consists in restraining the commission or continuance of the actcomplained of, either for a limited period or perpetually.

2. When it shall appear by the complaint or affidavitthat the commission or continuance of some act, during the litigation, wouldproduce great or irreparable injury to the plaintiff.

3. When it shall appear, during the litigation, thatthe defendant is doing or threatens, or is about to do, or is procuring orsuffering to be done, some act in violation of the plaintiffs rightsrespecting the subject of the action, and tending to render the judgmentineffectual.

[1911 CPA 195; RL 5137; NCL 8693]

NRS 33.015 Injunctionto restrain unlawful act against witness or victim of crime. Whenever it appears that a defendant or other person isdoing, about to do, threatening to do or procuring to be done some act againsta 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 jurisdictionmay issue an injunction restraining the defendant or other person from thecommission 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 33.017to 33.100, inclusive, unless the contextotherwise requires:

1. Extended order means an extended order forprotection against domestic violence.

2. Temporary order means a temporary order forprotection against domestic violence.

(Added to NRS by 1985, 2283; A 1997, 1808; 1999, 1372; 2001, 2128; 2003, 1754)

NRS 33.018 Actswhich constitute domestic violence.

1. Domestic violenceoccurs when a person commits one of the following acts against or upon hisspouse, former spouse, any other person to whom he is related by blood ormarriage, a person with whom he is or was actually residing, a person with whomhe has had or is having a dating relationship, a person with whom he has achild 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 toperform an act from which he has the right to refrain or to refrain from an actwhich he has the right to perform.

(d) A sexual assault.

(e) A knowing, purposeful or reckless course of conductintended 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 apermit.

(f) A false imprisonment.

(g) Unlawful entry of the others residence, orforcible entry against the others will if there is a reasonably foreseeablerisk of harm to the other from the entry.

2. As used in this section, dating relationshipmeans frequent, intimate associations primarily characterized by theexpectation of affectional or sexual involvement. The term does not include acasual relationship or an ordinary association between persons in a business orsocial 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 amaster to take testimony and recommend orders.

2. The master must be an attorney licensed to practicein this State.

3. The master shall:

(a) Take testimony and establish a record; and

(b) Make findings of fact, conclusions of law andrecommendations concerning a temporary or extended order.

(Added to NRS by 1999, 1372)

NRS 33.020 Requirementsfor issuance of temporary and extended orders; availability of court; courtclerk to inform protected party upon transfer of information to CentralRepository.

1. If it appears to the satisfaction of the court fromspecific facts shown by a verified application that an act of domestic violencehas occurred or there exists a threat of domestic violence, the court may granta temporary or extended order. A temporary or extended order must not begranted to the applicant or the adverse party unless he has requested the orderand has filed a verified application that an act of domestic violence hasoccurred or there exists a threat of domestic violence.

2. The court may require the applicant or the adverseparty, or both, to appear before the court before determining whether to grantthe temporary or extended order.

3. A temporary order may be granted with or withoutnotice to the adverse party. An extended order may only be granted after noticeto the adverse party and a hearing on the application. A hearing on anapplication for an extended order must be held within 45 days after the date onwhich the application for the extended order is filed.

4. The court shall rule upon an application for atemporary order within 1 judicial day after it is filed.

5. If it appears to the satisfaction of the court fromspecific facts communicated by telephone to the court by an alleged victim thatan act of domestic violence has occurred and the alleged perpetrator of thedomestic violence has been arrested and is presently in custody pursuant to NRS 171.137, the court may grant atemporary order. Before approving an order under such circumstances, the courtshall confirm with the appropriate law enforcement agency that the applicant isan alleged victim and that the alleged perpetrator is in custody. Upon approvalby the court, the signed order may be transmitted to the facility where thealleged perpetrator is in custody by electronic or telephonic transmission to afacsimile machine. If such an order is received by the facility holding thealleged perpetrator while he is still in custody, the order must be personallyserved by an authorized employee of the facility before the alleged perpetratoris released. The court shall mail a copy of each order issued pursuant to thissubsection to the alleged victim named in the order and cause the original orderto 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, thecourt shall be available 24 hours a day, 7 days a week, including nonjudicialdays and holidays, to receive communications by telephone and for the issuanceof 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 nonjudicialdays and holidays, to receive communications by telephone and for the issuanceof a temporary order pursuant to subsection 5.

8. The clerk of the court shall inform the protectedparty upon the successful transfer of information concerning the registrationto the Central Repository for Nevada Records of Criminal History as requiredpursuant to NRS 33.095.

(Added to NRS by 1979, 946; A 1985, 2286; 1993, 810;1995, 902; 1997, 1808; 1999,1372; 2001, 1214)

NRS 33.030 Contentsof 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 directlyor through an agent;

(b) Exclude the adverse party from the applicantsplace of residence;

(c) Prohibit the adverse party from entering theresidence, school or place of employment of the applicant or minor child andorder 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 ofthe minor child to the applicant; and

(e) Order such other relief as it deems necessary in anemergency situation.

2. The court by an extended order may grant any reliefenumerated in subsection 1 and:

(a) Specify arrangements for visitation of the minorchild by the adverse party and require supervision of that visitation by athird party if necessary; and

(b) Order the adverse party to:

(1) Avoid or limit communication with theapplicant or minor child;

(2) Pay rent or make payments on a mortgage onthe applicants place of residence or pay for the support of the applicant orminor child if he is found to have a duty to support the applicant or minorchild; and

(3) Pay all costs and fees incurred by theapplicant 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 orvacate the order in question. The appeal may be taken without bond, but itstaking does not stay the effect or enforcement of the order.

4. A temporary or extended order must specify, asapplicable, the county and city, if any, in which the residence, school, childcare facility or other provider of child care, and place of employment of theapplicant or minor child are located.

5. A temporary or extended order must provide noticethat a person who is arrested for violating the order will not be admitted tobail sooner than 12 hours after his arrest if the arresting officer determinesthat such a violation is accompanied by a direct or indirect threat of harm.

(Added to NRS by 1985, 2284; A 1995, 219; 2001, 1215)

NRS 33.035 Extendedorder to include assignment of income for support of child in certaincircumstances.

1. If a court issues an extended order which includesan order for the support of a minor child, the court shall order the adverseparty to assign to the party who obtained the extended order that portion ofthe income of the adverse party which is due or to become due and is sufficientto pay the amount ordered by the court for the support, unless the court findsgood cause for the postponement of the assignment. A finding of good cause mustbe based upon a written finding by the court that the immediate assignment ofincome would not be in the best interests of the child.

2. An assignment of income ordered pursuant tosubsection 1 is subject to the provisions of chapters31A and 125B of NRS.

3. The Division of Welfare and Supportive Services ofthe Department of Health and Human Services, in consultation with the Office ofCourt Administrator and other interested governmental entities, shall developprocedures and forms to allow a person to whom an assignment is ordered to bemade to enforce the assignment in an expeditious and safe manner.

(Added to NRS by 2003, 1753)

NRS 33.040 Norequirement of action for dissolution of marriage; order does not precludeother action; consolidation with other action.

1. A temporary or extended order may be granted under NRS 33.020 without regard to whether anaction for divorce, annulment of marriage or separate maintenance has beenfiled respecting the applicant and the adverse party.

2. A temporary or extended order is in addition to andnot in lieu of any other available civil or criminal action. An applicant isnot barred from seeking an order because of other pending proceedings.

3. An application for a temporary or extended ordermay be consolidated with another civil action if it would prevent an act ofdomestic violence.

(Added to NRS by 1985, 2286)

NRS 33.050 Assessmentof court costs and fees; duty of court clerk to assist parties; no charge forcertified copy of order for applicant.

1. The payment of all costs and official fees must bedeferred for any applicant for a temporary or extended order. After any hearingand no later than final disposition of the application or order, the courtshall assess the costs and fees against the adverse party, except that thecourt 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 designatedby the court shall assist any party in completing and filing the application,affidavit and any other paper or pleading necessary to initiate or respond toan application for a temporary or extended order. This assistance does notconstitute the practice of law, but the clerk shall not render any advice orservice that requires the professional judgment of an attorney.

4. The clerk of the court shall not charge anapplicant for a temporary or extended order for providing the applicant with acertified copy of the temporary or extended order.

(Added to NRS by 1985, 2284; A 1997, 191; 2001, 2128)

NRS 33.060 Noticeof order to law enforcement agency; duty to serve and enforce order withoutcharge; no charge for copy of order for applicant and adverse party.

1. The court shall transmit, by the end of the nextbusiness day after the order is issued, a copy of the temporary or extendedorder to the appropriate law enforcement agency which has jurisdiction over theresidence, school, child care facility or other provider of child care, or placeof employment of the applicant or the minor child.

2. The court shall order the appropriate lawenforcement agency to serve, without charge, the adverse party personally withthe temporary order and to file with or mail to the clerk of the court proof ofservice by the end of the next business day after service is made. Service ofan application for an extended order and the notice of hearing thereon must beserved 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 temporaryor extended order without regard to the county in which the order was issued.

4. The clerk of the court shall issue, without fee, acopy 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)

NRS 33.065 Alternativemethod for serving adverse party at current place of employment; when adverseparty deemed served; immunity from liability for employer.

1. If the current address where the adverse partyresides is unknown and the law enforcement agency has made at least twoattempts to personally serve the adverse party at his current place ofemployment, the law enforcement agency or a person designated by the lawenforcement agency may serve the adverse party by:

(a) Delivering a copy of the application for anextended order, the notice of hearing thereon and a copy of the temporary orderto the current place of employment of the adverse party; and

(b) Thereafter, mailing a copy of the application foran extended order, the notice of hearing thereon and a copy of the temporaryorder to the adverse party at his current place of employment.

2. Delivery pursuant to paragraph (a) of subsection 1must be made by leaving a copy of the documents specified at the current placeof employment of the adverse party with the manager of the Department of Healthand Human Services or another similar person. Such a person shall:

(a) Accept service of the documents and make areasonable effort to deliver the documents to the adverse party;

(b) Identify another appropriate person who will acceptservice of the documents and who shall make a reasonable effort to deliver thedocuments to the adverse party; or

(c) Contact the adverse party and arrange for theadverse party to be present at the place of employment to accept service of thedocuments personally.

3. After delivering the documents to the place ofemployment of the adverse party, a copy of the documents must be mailed to theadverse party by first-class mail to the place of employment of the adverse partyin care of the employer.

4. The adverse party shall be deemed to have beenserved 10 days after the date on which the documents are mailed to the adverseparty.

5. Upon completion of service pursuant to thissection, the law enforcement agency or the person designated by the lawenforcement agency who served the adverse party in the manner set forth in thissection shall file with or mail to the clerk of the court proof of service inthis manner.

6. An employer is immune from civil liability for anyact or omission with respect to accepting service of documents, deliveringdocuments to the adverse party or contacting the adverse party and arrangingfor the adverse party to accept service of the documents personally pursuant tothis section, if the employer acts in good faith with respect to acceptingservice of documents, delivering documents to the adverse party or contactingthe adverse party and arranging for the adverse party to accept service of thedocuments personally.

(Added to NRS by 2003, 1754)

NRS 33.070 Inclusionin order of requirement of arrest; verification of notice to adverse party.

1. Every temporary or extended order must include aprovision ordering any law enforcement officer to arrest an adverse party ifthe officer has probable cause to believe that the adverse party has violatedany provision of the order. The law enforcement officer may make an arrest withor without a warrant and regardless of whether the violation occurs in hispresence.

2. If a law enforcement officer cannot verify that theadverse party was served with a copy of the application and order, he shall:

(a) Inform the adverse party of the specific terms andconditions of the order;

(b) Inform the adverse party that he now has notice ofthe provisions of the order and that a violation of the order will result inhis arrest; and

(c) Inform the adverse party of the location of thecourt that issued the original order and the hours during which the adverseparty may obtain a copy of the order.

3. Information concerning the terms and conditions ofthe order, the date and time of the notice provided to the adverse party andthe name and identifying number of the officer who gave the notice must beprovided in writing to the applicant and noted in the records of the lawenforcement agency and the court.

(Added to NRS by 1985, 2285; A 1997, 1809; 2003, 888)

NRS 33.080 Expiration,conversion, modification and dissolution of order; hearing.

1. A temporary order expires within such time, not toexceed 30 days, as the court fixes. If an application for an extended order isfiled within the period of a temporary order or at the same time that anapplication for a temporary order is filed, the temporary order remains ineffect until the hearing on the extended order is held.

2. On 2 days notice to the party who obtained thetemporary order, the adverse party may appear and move its dissolution ormodification, and in that event the court shall proceed to hear and determinesuch motion as expeditiously as the ends of justice require.

3. An extended order expires within such time, not toexceed 1 year, as the court fixes. A temporary order may be converted by thecourt, upon notice to the adverse party and a hearing, into an extended ordereffective for not more than 1 year.

(Added to NRS by 1985, 2285; A 1999, 1373)

NRS 33.085 Orderfrom another jurisdiction: Accorded full faith and credit under certaincircumstances; effect of mutual orders; enforcement; effect of not registeringorder or including order in repository or database; immunity.

1. Except as otherwise provided in subsection 2, anorder for protection against domestic violence issued by the court of anotherstate, territory or Indian tribe within the United States, including, withoutlimitation, any provisions in the order related to custody and support, is validand must be accorded full faith and credit and enforced by the courts of thisstate as if it were issued by a court in this state, regardless of whether theorder has been registered in this state, if the court in this state determinesthat:

(a) The issuing court had jurisdiction over the partiesand the subject matter under the laws of the State, territory or Indian tribein which the order was issued; and

(b) The adverse party was given reasonable notice andan opportunity to be heard before the order was issued or, in the case of an exparte order, the adverse party was given reasonable notice and an opportunityto 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 orderwas issued.

2. If the order for protection against domesticviolence issued by the court of another state, territory or Indian tribe is amutual order for protection against domestic violence and:

(a) No counter or cross-petition or other pleading wasfiled by the adverse party; or

(b) A counter or cross-petition or other pleading wasfiled and the court did not make a specific finding of domestic violence byboth parties,

the courtshall refuse to enforce the order against the applicant and may determinewhether to issue its own temporary or extended order.

3. A law enforcement officer shall enforce an orderfor 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 thesame manner that a law enforcement officer would make an arrest for a violationof a temporary or extended order issued by a court of this state unless it isapparent to the officer that the order is not authentic on its face. An officershall 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 notexpired; and

(c) Information indicating that the court which issuedthe order had legal authority to issue the order as evidenced by a certifiedcopy of the order, a file-stamped copy of the order, an authorized signature orstamp of the court which issued the order or another indication of theauthority of the court which issued the order.

An officermay determine that any other order is authentic on its face.

4. In enforcing an order for protection againstdomestic violence issued by the court of another state, territory or Indiantribe or arresting a person for a violation of such an order, a law enforcementofficer may rely upon:

(a) A copy of an order for protection against domesticviolence that has been provided to the officer;

(b) An order for protection against domestic violencethat is included in the Repository for Information Concerning Orders forProtection Against Domestic Violence pursuant to NRS 33.095 or in any national crimeinformation database;

(c) Oral or written confirmation from a law enforcementagency or court in the jurisdiction in which the order for protection againstdomestic violence was issued that the order is valid and effective; or

(d) An examination of the totality of the circumstancesconcerning the existence of a valid and effective order for protection againstdomestic violence, including, without limitation, the statement of a personprotected by the order that the order remains in effect.

5. The fact that an order has not been registered orincluded in the Repository for Information Concerning Orders for ProtectionAgainst Domestic Violence in the Central Repository for Nevada Records ofCriminal History pursuant to NRS 33.095or in any national crime information database is not grounds for a lawenforcement officer to refuse to enforce the terms of the order unless it isapparent to the officer that the order is not authentic on its face.

6. A court or law enforcement officer who enforces anorder for protection against domestic violence issued by the court of anotherstate, territory or Indian tribe based upon a reasonable belief that the orderis valid or who refuses to enforce such an order based upon a reasonable beliefthat the order is not valid and the employer of such a law enforcement officerare immune from civil and criminal liability for any action taken or not takenbased on that belief.

(Added to NRS by 2001, 2127)

NRS 33.090 Orderfrom another jurisdiction: Registration in this State; duties of court clerk;prohibition against notification of adverse party by clerk; no charge forregistration, certified copy or service.

1. A person may register an order for protectionagainst domestic violence issued by the court of another state, territory orIndian tribe within the United States by presenting a certified copy of theorder to the clerk of the court in a judicial district in which the personbelieves that enforcement may be necessary.

2. The clerk of the court shall:

(a) Maintain a record of each order registered pursuantto this section;

(b) Provide theprotected party with a certified copy of the order registered pursuant to thissection bearing proof of registration with the court;

(c) Forward, bythe end of the next business day, a copy of an order registered pursuant tothis section to the appropriate law enforcement agency which has jurisdictionover the residence, school, child care facility or other provider of childcare, or place of employment of the protected party or the child of theprotected party; and

(d) Inform the protected party upon the successfultransfer of information concerning the registration to the Central Repositoryfor Nevada Records of Criminal History as required pursuant to NRS 33.095.

3. The clerkof the court shall not:

(a) Charge afee for registering an order or for providing a certified copy of an orderpursuant to this section.

(b) Notify theparty against whom the order has been made that an order for protection againstdomestic violence issued by the court of another state, territory or Indiantribe has been registered in this State.

4. A personwho registers an order pursuant to this section must not be charged to have theorder served in this State.

(Added to NRS by 1985, 2286; A 1997, 1810; 1999, 2063; 2001, 2129)

NRS 33.095 Dutyto transmit information concerning temporary or extended order to CentralRepository. Any time that a court issues atemporary 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 actionpursuant to NRS 33.017 to 33.100, inclusive, he shall cause to betransmitted, in the manner prescribed by the Central Repository for NevadaRecords of Criminal History, any information required by the Central Repositoryin a manner which ensures that the information is received by the CentralRepository by the end of the next business day.

(Added to NRS by 1997, 1807)

NRS 33.100 Penaltyfor intentional violation of order. A personwho intentionally violates a temporary or extended order is guilty of amisdemeanor, unless a more severe penalty is prescribed by law for the act thatconstitutes the violation of the order.

(Added to NRS by 1985, 2286; A 1989, 138; 1995, 1014;1997, 35; 2001Special Session, 123; 2003, 1515; 2005, 955)

ORDERS FOR PROTECTION AGAINST HARASSMENT IN WORKPLACE

NRS 33.200 Definitions. As used in NRS 33.200to 33.360, inclusive, unless the contextotherwise requires, the words and terms defined in NRS 33.210, 33.220 and 33.230 have the meanings ascribed to themin those sections.

(Added to NRS by 2001, 2843)

NRS 33.210 Employeedefined. Employee means a person who is employedby an employer, including, without limitation, an independent contractor.

(Added to NRS by 2001, 2843)

NRS 33.220 Employerdefined. Employer means a public or privateemployer in this state, including, without limitation, the State of Nevada, anagency of this state and a political subdivision of this state.

(Added to NRS by 2001, 2843)

NRS 33.230 Orderfor protection against harassment in the workplace defined. Order for protection against harassment in the workplacemeans an order issued pursuant to NRS 33.270.

(Added to NRS by 2001, 2843)

NRS 33.240 Actsthat constitute harassment in workplace. Harassmentin the workplace occurs when:

1. A person knowingly threatens to cause or commits anact 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 healthor safety of a person;

2. The threat is made or the act is committed againstan employer, an employee of the employer while the employee performs his dutiesof employment or a person present at the workplace of the employer; and

3. The threat would cause a reasonable person to fearthat the threat will be carried out or the act would cause a reasonable personto feel terrorized, frightened, intimidated or harassed.

(Added to NRS by 2001, 2843)

NRS 33.250 Verifiedapplication for temporary order; contents of application.

1. An employer or an authorized agent of an employerwho reasonably believes that harassment in the workplace has occurred may filea verified application for a temporary order for protection against harassmentin the workplace against the person who allegedly committed the harassment.

2. The verified application must include, withoutlimitation:

(a) The name of the employer seeking the order;

(b) The name and address, if known, of the person whoallegedly committed the harassment in the workplace; and

(c) A detailed description of the events that allegedlyconstituted harassment in the workplace and the dates on which these eventsoccurred.

(Added to NRS by 2001, 2844)

NRS 33.260 Noticeof intent to seek order to be provided to known target of harassment. If an employer has knowledge that a specific person is thetarget of harassment in the workplace and the employer intends to seek atemporary or extended order for protection against such harassment, theemployer shall make a good faith effort to notify the person who is the targetof the harassment that the employer intends to seek such an order.

(Added to NRS by 2001, 2848)

NRS 33.270 Requirementsfor issuance of temporary or extended order; expiration; right to challengetemporary order; award of costs and attorneys fees to prevailing party;interlocutory appeal of extended order.

1. The court may issue a temporary order forprotection against harassment in the workplace if it appears to thesatisfaction of the court from specific facts shown by a verified applicationfiled pursuant to NRS 33.250 thatharassment in the workplace has occurred.

2. Except as otherwise provided in subsection 4, atemporary order for protection against harassment in the workplace must not beissued without notice to the person who allegedly committed the harassment. Atemporary order for protection against harassment in the workplace must not beissued without the giving of security by the employer in an amount determinedby the court to be sufficient to pay for such costs and damages as may beincurred or suffered by the person who allegedly committed the harassment ifthe person who allegedly committed the harassment is found to have beenwrongfully enjoined or restrained.

3. The court may require the employer or the personwho allegedly committed the harassment, or both, to appear before the courtbefore determining whether to issue the temporary order for protection againstharassment in the workplace.

4. A court may issue a temporary order for protectionagainst harassment in the workplace without written or oral notice to theperson who allegedly committed the harassment or his attorney only if:

(a) A verified application is accompanied by an affidavitthat contains specific facts which clearly show that immediate and irreparableinjury, loss or damage will result to the employer, an employee of the employerwhile the employee performs the duties of his employment or a person who ispresent at the workplace of the employer before the person who allegedlycommitted the harassment or his attorney can be heard in opposition; and

(b) The employer and the employers attorney, if any,set forth in the affidavit:

(1) The efforts, if any, that have been made togive notice to the person who allegedly committed the harassment; and

(2) The facts supporting waiver of noticerequirements.

5. A temporary order for protection against harassmentin the workplace that is granted, with or without notice, must expire not laterthan 15 days after the date on which the order is issued, unless extendedpursuant to subsections 6 and 7.

6. If a temporary order for protection againstharassment in the workplace is granted, with or without notice, the employer orhis authorized agent may apply for an extended order for protection againstharassment in the workplace by filing a verified application for an extendedorder for protection against harassment in the workplace. If such anapplication is filed, the temporary order remains in effect until the hearingon the application for an extended order is held. The application must:

(a) In addition to the information required bysubsection 2 of NRS 33.250, set forththe facts that provide the basis for granting an extended order for protectionagainst harassment in the workplace;

(b) Be filed before the expiration of the temporaryorder for protection against harassment in the workplace;

(c) Be heard as soon as reasonably possible and notlater than 10 days after the date on which the application is filed with thecourt unless the court determines that there are compelling reasons to hold thehearing at a later date; and

(d) Be dismissed if the court finds that the temporaryorder for protection against harassment in the workplace which is the basis ofthe application has been dissolved or has expired.

7. At the hearing on an application filed pursuant tosubsection 6, the employer must present evidence sufficient to support thegranting of the application for an extended order for protection againstharassment in the workplace. At the hearing, the court may:

(a) Dissolve or modify the temporary order forprotection against harassment in the workplace; or

(b) Grant an extended order for protection againstharassment in the workplace.

8. If granted, an extended order for protectionagainst harassment in the workplace expires within such time, not to exceed 1year, as the court fixes.

9. Upon 2 days notice to an employer who obtained atemporary order for protection against harassment in the workplace withoutnotice or on such shorter notice to the employer as the court may prescribe,the person who allegedly committed the harassment may appear and move thedissolution or modification of the temporary order for protection againstharassment in the workplace. Upon the filing of such a motion, the court shallproceed to hear and determine the motion as expeditiously as the ends ofjustice require. At the hearing, the court may dissolve, modify or extend theorder.

10. The court may award costs and reasonableattorneys fees to the prevailing party in a matter brought pursuant to thissection.

11. If a court issues an extended order for protectionagainst harassment in the workplace, an interlocutory appeal lies to thedistrict court, which may affirm, modify or vacate the order in question. Theappeal may be taken without bond, but its taking does not stay the effect orenforcement of the order.

(Added to NRS by 2001, 2844; A 2005, 955)

NRS 33.280 Effectof temporary or extended order; court may not issue order against more than oneperson; contents of order.

1. A temporary or extended order for protectionagainst harassment in the workplace may:

(a) Enjoin the person who allegedly committed theharassment from contacting the employer, an employee of the employer while theemployee is performing his duties of employment and any person while the personis present at the workplace of the employer;

(b) Order the person who allegedly committed theharassment to stay away from the workplace of the employer; and

(c) Order such other relief as the court deemsnecessary to protect the employer, the workplace of the employer, the employeesof the employer while performing their duties of employment and any otherpersons who are present at the workplace.

2. A court may not issue a temporary or extended orderfor protection against harassment in the workplace that is against more thanone person.

3. A temporary or extended order for protectionagainst harassment in the workplace must:

(a) Specify, as applicable, the county and city, ifany, in which the workplace of the employer is located and in which theemployees of the employer perform their duties of employment;

(b) Include a provision ordering any law enforcementofficer to arrest the person who allegedly committed the harassment, with orwithout a warrant, if the officer has probable cause to believe that the personhas been served with a copy of the order and has violated a provision of theorder;

(c) State the reasons for granting the order; and

(d) Include the following statement:

 

WARNING

This is an official court order. Ifyou disobey this order, you may be arrested and prosecuted for the crime ofviolating an order for protection against harassment in the workplace and anyother crime that you may have committed in disobeying this order.

 

4. In addition to the requirements of subsection 3, ifthe court granted a temporary order for protection against harassment in theworkplace without notice, the order must:

(a) Include a statement that the person who allegedlycommitted 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 whichthe 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 damageresulting from the harassment and state why it is irreparable; and

(f) Set forth the reasons for granting the orderwithout notice.

(Added to NRS by 2001, 2845)

NRS 33.290 Orderdoes not preclude other action. A temporary orextended order for protection against harassment in the workplace is inaddition to and not in lieu of any other available civil or criminal action. Anemployer is not barred from seeking an order because of other pendingproceedings.

(Added to NRS by 2001, 2846)

NRS 33.300 Transmittalof copy of order to law enforcement agency; service and enforcement of order;issuance of copies of order.

1. A court shall transmit, by the end of the nextbusiness day after a temporary or extended order for protection againstharassment in the workplace is issued, a copy of the order to the appropriatelaw enforcement agency that has jurisdiction over the workplace of the employeror the areas in which the employees of the employer perform their duties ofemployment.

2. The court may order the appropriate law enforcementagency to serve the person who allegedly committed the harassment personallywith the order if it finds that such service is necessary to avoid an act ofviolence and to file with or mail to the clerk of the court proof of service bythe end of the next business day after service is made. Service of anapplication for an order, the notice of hearing thereon and the order must beserved upon the person who allegedly committed the harassment pursuant to theNevada Rules of Civil Procedure.

3. A law enforcement agency shall enforce a temporaryor extended order for protection against harassment in the workplace withoutregard to the county in which the order was issued.

4. The clerk of the court that issued a temporary orextended order for protection against harassment in the workplace shall issue acopy of the order to the employer who requested the order and the person whoallegedly committed the harassment.

(Added to NRS by 2001, 2846)

NRS 33.310 Registrationof order; effect of registration; duty of court clerk to maintain record ofregistered order.

1. An employer or an authorized agent of an employermay register a temporary or extended order for protection against harassment inthe workplace issued by the court of another state by presenting a certifiedcopy of the order to the clerk of the court in a judicial district in which theemployer believes that enforcement may be necessary.

2. A temporary or extended order for protectionagainst harassment in the workplace that is registered has the same effect andmust be enforced in like manner as such an order issued by a court of thisstate.

3. The clerk of the court shall maintain a record ofeach order registered pursuant to this section.

(Added to NRS by 2001, 2847)

NRS 33.320 Arrestof person who violates order; service of order; duty to note date and time ofservice on copy of order issued to employer.

1. Whether or not a violation occurs in the presenceof 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 tobelieve 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 theorder; and

(c) The person is acting in violation of the order.

2. If a law enforcement officer cannot verify that theperson was served with a copy of the order and the officer is at the workplaceof the employer, the officer shall serve the person with a copy of the order ifa copy is available.

3. A law enforcement officer who serves a person witha copy of an order pursuant to subsection 2 shall note the date and time ofsuch service on the copy of the order that was issued to the employer.

(Added to NRS by 2001, 2847)

NRS 33.330 Immunityfor certain persons who enforce or refuse to enforce order.

1. A court, a law enforcement officer or any otherperson who enforces a temporary or extended order for protection againstharassment in the workplace based upon a reasonable belief that the order isvalid is immune from civil and criminal liability for any action taken basedupon that belief.

2. A court, a law enforcement officer or any otherperson who refuses to enforce a temporary or extended order for protectionagainst harassment in the workplace based upon a reasonable belief that theorder is not valid is immune from civil and criminal liability for any actiontaken or not taken based upon that belief.

3. The employer of a law enforcement officer whoenforces a temporary or extended order for protection against harassment in theworkplace based upon a reasonable belief that the order is valid or who refusesto enforce such an order based upon a reasonable belief that the order is notvalid is immune from civil and criminal liability for any action taken or nottaken by the law enforcement officer based upon that belief.

(Added to NRS by 2001, 2847)

NRS 33.340 Employerimmune from civil liability under certain circumstances; use of actions takenand statements made by employer.

1. An employer is immune from civil liability for:

(a) Seeking a temporary or extended order forprotection against harassment in the workplace, if the employer acts in goodfaith in seeking the order; or

(b) Failing to seek a temporary or extended order forprotection against harassment in the workplace.

2. An action taken or a statement made by an employerpursuant to NRS 33.200 to 33.360, inclusive:

(a) Shall not be deemed an admission by the employer ofany fact; and

(b) May be used for the purposes of impeachment.

(Added to NRS by 2001, 2848)

NRS 33.350 Penaltyfor intentional violation of order. A personwho intentionally violates a temporary or extended order for protection againstharassment in the workplace is guilty of a misdemeanor, unless a more severepenalty is prescribed by law for the act that constitutes the violation of theorder.

(Added to NRS by 2001, 2848; A 2005, 956)

NRS 33.360 Limitationson effect of provisions. The provisions of NRS 33.200 to 33.360, inclusive, do not:

1. Modify the duty of an employer to provide a safeworkplace for the employees of the employer and other persons present at theworkplace of the employer;

2. Prohibit a person from engaging in anyconstitutionally protected exercise of free speech, including, without limitation,speech involving labor disputes concerning organized labor; or

3. Prohibit a person from engaging in any activitywhich is part of a labor dispute.

(Added to NRS by 2001, 2848)

ORDERS FOR PROTECTION OF CHILDREN

NRS 33.400 Parentor guardian authorized to petition for order on behalf of child; contents oforder; appeal of extended order; penalty for violation of order.

1. In addition to any other remedy provided by law,the parent or guardian of a child may petition any court of competentjurisdiction on behalf of the child for a temporary or extended order against aperson who is 18 years of age or older and who the parent or guardianreasonably believes has committed or is committing a crime involving:

(a) Physical or mental injury to the child of anonaccidental 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 thecrime to:

(a) Stay away from the home, school, business or placeof employment of the child and any other location specifically named by thecourt.

(b) Refrain from contacting, intimidating, threateningor otherwise interfering with the child and any other person specifically namedby the court, who may include, without limitation, a member of the family orthe household of the child.

(c) Comply with any other restriction which the courtdeems necessary to protect the child or to protect any other personspecifically named by the court who may include, without limitation, a memberof the family or the household of the child.

3. If a defendant charged with committing a crimedescribed in subsection 1 is released from custody before trial or is foundguilty during the trial, the court may issue a temporary or extended order orprovide as a condition of the release or sentence that the defendant:

(a) Stay away from the home, school, business or placeof employment of the child against whom the alleged crime was committed and anyother location specifically named by the court.

(b) Refrain from contacting, intimidating, threateningor otherwise interfering with the child against whom the alleged crime wascommitted and any other person specifically named by the court, who mayinclude, without limitation, a member of the family or the household of thechild.

(c) Comply with any other restriction which the courtdeems necessary to protect the child or to protect any other personspecifically named by the court who may include, without limitation, a memberof the family or the household of the child.

4. A temporary order may be granted with or withoutnotice to the adverse party. An extended order may be granted only after:

(a) Notice of the petition for the order and of thehearing thereon is served upon the adverse party pursuant to the Nevada Rulesof 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 orvacate the order in question. The appeal may be taken without bond, but itstaking does not stay the effect or enforcement of the order.

6. Unless a more severe penalty is prescribed by lawfor the act that constitutes the violation of the order, any person whointentionally violates:

(a) A temporary order is guilty of a gross misdemeanor.

(b) An extended order is guilty of a category C felonyand shall be punished as provided in NRS193.130.

7. Any court order issued pursuant to this sectionmust:

(a) Be in writing;

(b) Be personally served on the person to whom it isdirected; 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 atemporary order.

(3) Is a category C felony if the order is anextended order.

(Added to NRS by 2003, 806; A 2005, 957)

NRS 33.410 Petitionfor order: Deferment of costs and fees; free information concerning order; no feefor serving order.

1. The payment of all costs and official fees must bedeferred for any person who petitions a court for a temporary or extended orderpursuant to NRS 33.400. After anyhearing and not later than final disposition of such an application or order,the court shall assess the costs and fees against the adverse party, exceptthat the court may reduce them or waive them, as justice may require.

2. The clerk of the court shall provide a person whopetitions the court for a temporary or extended order pursuant to NRS 33.400 and the adverse party, free ofcost, with information about the:

(a) Availability of temporary and extended orderspursuant to NRS 33.400;

(b) Procedure for filing an application for such anorder; 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 tohave the order served in this state.

(Added to NRS by 2003, 807)

NRS 33.420 Durationof orders; dissolution or modification of temporary order.

1. A temporary order issued pursuant to NRS 33.400 expires within such time, not toexceed 30 days, as the court fixes. If a petition for an extended order isfiled within the period of a temporary order, the temporary order remains ineffect until the hearing on the extended order is held.

2. On 2 days notice to the party who obtained the temporaryorder, 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 asexpeditiously as the ends of justice require.

3. An extended order expires within such time, not toexceed 1 year, as the court fixes. A temporary order may be converted by thecourt, upon notice to the adverse party and a hearing, into an extended ordereffective for not more than 1 year.

(Added to NRS by 2003, 808)

NRS 33.430 Orderto be transmitted to law enforcement agencies; arrest for violation;enforcement of order.

1. Each court that issues an order pursuant to NRS 33.400 shall transmit, as soon aspracticable, a copy of the order to all law enforcement agencies within itsjurisdiction. The copy must include a notation of the date on which the orderwas personally served upon the person to whom it is directed.

2. A peace officer, without a warrant, may arrest andtake into custody a person when the peace officer has probable cause to believethat:

(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 acopy of the order; and

(c) The person to be arrested is acting in violation ofthe order.

3. Any law enforcement agency in this State may enforcea court order issued pursuant to NRS 33.400.

(Added to NRS by 2003, 808; A 2005, 958)

NRS 33.440 Parentor guardian to be informed of final disposition of trial upon request; recordof restrictions on defendants conduct.

1. Upon the request of the parent or guardian of a child,the prosecuting attorney in any trial brought against a person for a crimedescribed in subsection 1 of NRS 33.400shall inform the parent or guardian of the final disposition of the case.

2. If the defendant is found guilty and the courtissues an order or provides a condition of his sentence restricting the abilityof the defendant to have contact with the child against whom the crime wascommitted or witnesses, the clerk of the court shall:

(a) Keep a record of the order or condition of thesentence; and

(b) Provide a certified copy of the order or conditionof the sentence to the parent or guardian of the child and other persons namedin the order.

(Added to NRS by 2003, 808)

 

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