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- 83rd Session (2025)
Assembly Bill No. 309–Assemblymembers Hardy, Hibbetts;
Goulding, Hafen, Koenig, Torres-Fossett and Yurek
Joint Sponsors: Senators Buck and Steinbeck
CHAPTER..........
AN ACT relating to orders for protection; requiring certain
temporary orders for protection against domestic violence to
include certain information; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law: (1) au thorizes a court to grant a temporary order for protection
against domestic violence with or without notice to the adverse party; and (2)
provides that an extended order for protection against domestic violence may only
be granted after notice to the adver se party and a hearing on the application. Under
existing law, if a court grants a temporary order for protection against domestic
violence against an alleged perpetrator of domestic violence who is in custody at
the time the court grants the order: (1) up on approval of the court, the signed order
may be transmitted to the facility holding the alleged perpetrator; and (2) if such an
order is received by the facility holding the alleged perpetrator while the alleged
perpetrator is still in custody, the order must be served upon the alleged perpetrator
before the alleged perpetrator is released from the facility. (NRS 33.020)
Section 1 of this bill requires that certain temporary orders for protection
against domestic violence served upon an alleged perpetra tor who is in custody
advise the person that if the person is still in custody on the date of the hearing on
the application for an extended order for protection against domestic violence, the
person may contest the application by filing a written response with the court which
consists solely of a statement indicating whether the person contests the issuance of
an extended order. Section 1 also requires that such temporary orders notify the
person that if the person does not file a written response within the time specified in
the temporary order and the person is still in custody on the date of the hearing on
the application for an extended order for protection against domestic violence, the
court may: (1) hold the hearing in the absence of the incarcerated person; and (2)
grant the extended order without further input from the incarcerated person.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 33.030 is hereby amended to read as follows:
33.030 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 applica nt’s place of
residence;
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(c) Prohibit the adverse party from entering the residence,
school or place of employment of the applicant or minor child and
order the adverse party to stay away from any specified place
frequented regularly by them;
(d) If it h as jurisdiction under chapter 125A of NRS, grant
temporary custody of the minor child to the applicant;
(e) Enjoin the adverse party from physically injuring,
threatening to injure or taking possession of any animal that is
owned or kept by the applicant or minor child, either directly or
through an agent;
(f) Enjoin the adverse party from physically injuring or
threatening to injure any animal that is owned or kept by the adverse
party, either directly or through an agent; and
(g) Order such other relie f 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 vis itation by a third
party if necessary;
(b) Specify arrangements for the possession and care of any
animal owned or kept by the adverse party, applicant or minor child;
and
(c) Order the adverse party to:
(1) Avoid or limit communication with the applic ant or
minor child;
(2) Pay rent or make payments on a mortgage on the
applicant’s place of residence;
(3) Pay for the support of the applicant or minor child,
including, without limitation, support of a minor child for whom a
guardian has been appoint ed pursuant to chapter 159A of NRS or a
minor child who has been placed in protective custody pursuant to
chapter 432B of NRS, if the adverse party is found to have a duty to
support the applicant or minor child;
(4) Pay all costs and fees incurred by the applicant in
bringing the action; and
(5) Pay monetary compensation to the applicant for lost
earnings and expenses incurred as a result of the applicant attending
any hearing concerning an application for an extended order.
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
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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) Responding to a communication initiated by the applicant
may constitute a violation of the protective order; and
(b) A person who is arrested for violating the order will not be
admitted to bail sooner than 12 hours after the person’s arrest if:
(1) The arresting officer determines that such a violation is
accompanied by a direct or indirect threat of harm;
(2) The person has previously violated a temporary or
extended order for protection; or
(3) At the time of the violation or within 2 hours after the
violation, the person has:
(I) A concentration of alcohol of 0.08 or more in the
person’s blood or breath; or
(II) An amount of a prohibited substance in the person’s
blood or urine, as applicable, that is equal to or greater than the
amount set forth in subsection 3 or 4 of NRS 484C.110.
6. In addition to the requirements prescribed by subsection 5,
if an application for an extended order is filed at the same time as
a temporary order issued pursuant to subsection 8 of NRS 33.020,
the temporary order must:
(a) Advise the incarcerated adverse party that if the
incarcerated adverse party is still in custody on the date of the
hearing on the application for an extended order, th e incarcerated
adverse party may contest the application by filing a written
response with the court. The written response must:
(1) Be filed with the court not later than 14 calendar days
after the date on which the incarcerated adverse party receives
service of the temporary order for protection at the facility where
the incarcerated adverse party is in custody;
(2) Consist solely of a statement indicating whether the
incarcerated adverse party contests the issuance of an extended
order; and
(3) Be filed with the court in accordance with the
procedures established by the facility where the incarcerated
adverse party is in custody.
(b) Notify the incarcerated adverse party that if the
incarcerated adverse party does not file the written response
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described in paragraph (a) within 14 calendar days after the date
on which the incarcerated adverse party receives service of the
temporary order for protection, the court may:
(1) Hold a hearing on the extended order in the absence of
the incarcerated adverse party; and
(2) Grant an extended order without further input from the
incarcerated adverse party.
Sec. 2. The amendatory provisions of this act apply to an order
for protection against domestic violence that is issued on or after
October 1, 2025.
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