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Vegas Law

OF CHILDREN NRS 33.400 Parent or guardian authorized to petition for order on behalf of child; contents of order; appeal of extended order; penalty for violation of order. NRS 33.410 Petition for order: Deferment of costs and fees; free information concerning order; no fee for serving order. NRS 33.420 Duration of orders; dissolution or modification of temporary order. NRS 33.430 Order to be transmitted to law enforcement agencies; arrest for violation; enforcement of order. NRS 33.440 Parent or guardian to be informed of final disposition of trial upon request; record of restrictions on defendant’s conduct. _________ GENERAL PROVISIONS NRS 33.010 Cases in which injunction may be granted. An injunction may be granted in the following cases: 1. When it shall appear by the complaint that the plaintiff is entitled to the relief demanded, and such relief or any part thereof consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually. 2. When it shall appear by the complaint or affidavit that the commission or continuance of some act, during the litigation, would produce great or irreparable injury to the plaintiff. 3. When it shall appear, during the litigation, that the defendant is doing or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the plaintiff’s rights respecting the subject of the action, and tending to render the judgment ineffectual. [1911 CPA § 195; RL § 5137; NCL § 8693] NRS 33.015 Injunction to restrain unlawful act against witness or victim of crime. Whenever it appears that a defendant or other person is doing, about to do, threatening to do or procuring to be done some act against a victim of a crime or a witness in violation of any provision of NRS 199.230, 199.240 or 199.305, a court of competent jurisdiction may issue an injunction restraining the defendant or other person from the commission or continuance of that act. (Added to NRS by 1983, 1683; A 1985, 225) ORDERS FOR PROTECTION AGAINST DOMESTIC VIOLENCE NRS 33.017 Definitions. As used in NRS 33.017 to 33.100, inclusive, unless the context otherwise requires: 1. “Extended order” means an extended order for protection against domestic violence. 2. “Temporary order” means a temporary order for protection against domestic violence. (Added to NRS by 1985, 2283; A 1997, 1808; 1999, 1372; 2001, 2128; 2003, 1754) NRS 33.018 Acts which constitute domestic violence. 1. Domestic violence occurs when a person commits one of the following acts against or upon his spouse, former spouse, any other person to whom he is related by blood or marriage, a person with whom he is or was actually residing, a person with whom he has had or is having a dating relationship, a person with whom he has a child in common, the minor child of any of those persons or his minor child: (a) A battery. (b) An assault. (c) Compelling the other by force or threat of force to perform an act from which he has the right to refrain or to refrain from an act which he has the right to perform. (d) A sexual assault. (e) A knowing, purposeful or reckless course of conduct intended to harass the other. Such conduct may include, but is not limited to: (1) Stalking. (2) Arson. (3) Trespassing. (4) Larceny. (5) Destruction of private property. (6) Carrying a concealed weapon without a permit. (f) A false imprisonment. (g) Unlawful entry of the other’s residence, or forcible entry against the other’s will if there is a reasonably foreseeable risk of harm to the other from the entry. 2. As used in this section, “dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context. (Added to NRS by 1985, 2283; A 1995, 902; 1997, 1808) NRS 33.019 Masters: Appointment; qualifications; powers and duties. 1. In an action to issue, dissolve, convert, modify, register or enforce a temporary or extended order pursuant to NRS 33.017 to 33.100, inclusive, the court may appoint a master to take testimony and recommend orders. 2. The master must be an attorney licensed to practice in this State. 3. The master shall: (a) Take testimony and establish a record; and (b) Make findings of fact, conclusions of law and recommendations concerning a temporary or extended order. (Added to NRS by 1999, 1372) NRS 33.020 Requirements for issuance of temporary and extended orders; availability of court; court clerk to inform protected party upon transfer of information to Central Repository. 1. If it appears to the satisfaction of the court from specific facts shown by a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence, the court may grant a temporary or extended order. 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 Re

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