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- 83rd Session (2025)
Assembly Bill No. 369–Assemblymember Backus
CHAPTER..........
AN ACT relating to domestic violence; revising provisions
governing certain orders for protection against domestic
violence; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law provides that an order for protection against domestic viole nce
issued by the court of another state, territory or Indian tribe within the United States
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. In enforcing such an or der, a law
enforcement officer is required to make an arrest for a violation of the order in the
same manner that an 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. In enforcing such an order, a law enforcement
officer is authorized to rely on certain evidence. (NRS 33.085) This bill expands the
type of evidence upon which a law enforcement officer may rely to inclu de: (1) a
hard copy or digital image of an order for protection against domestic violence that
has been provided to the officer; and (2) any statement by the person against whom
the order is being enforced. This bill also creates a process for a law enforcement
officer of this State, when an otherwise valid order for protection against domestic
violence is issued by the court of another state, territory or Indian tribe within the
United States but the officer cannot confirm that the respondent has been notified or
served with the order, to provide notice, attempt service and give reasonable
opportunity for compliance before enforcing the order.
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 33.085 is hereby amended to read as follows:
33.085 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 i n 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
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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 tri be 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,
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 o fficer 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 ano ther
indication of the authority of the court which issued the order.
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 hard copy or digital image 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 pursuant to NRS 33.095 or in any national crime
information database;
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(c) Oral or written confirmation from a law enforcement age ncy
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 [.] and any statement by the person against whom the
order is being enforced.
5. If a law enforc ement officer of this State determines that
an otherwise valid order for protection against domestic violence
was issued by the court of another state, territory or Indian tribe
within the United States but cannot confirm that the respondent
has been notified or served with the order, the officer shall:
(a) Inform the respondent of the order, including, without
limitation, by providing verbal notice of the terms of the order,
which shall be deemed sufficient notice;
(b) Make a reasonable effort to serve the order upon the
respondent; and
(c) Allow the respondent a reasonable opportunity to comply
with the order before enforcing the order.
6. A law enforcement officer shall document any actions
taken pursuant to subsection 5 and cooperate with the cour t in the
jurisdiction in which the order was issued for proof of service.
7. The fact that an order has not been registered or included in
the Repository for Information Concerning Orders for Protection in
the Central Repository for Nevada Records of Cri minal 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.] 8. 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.
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