(b) The standard of proof for the issuance of a temporary (TPO) or extended protection order pursuant to NRS 33.020(1) is “to the satisfaction of the court.” This contemplates a lesser standard than a preponderance of the evidence and is equivalent to a reasonable cause or probable cause standard. (c) Due to the exigent nature of the TPO, the application and order for the extension of the TPO must be served no later than 24 hours prior to the scheduled hearing date. (d) An application requesting an extended protection order must be based upon an affidavit setting forth specific facts within the affiant’s personal knowledge which justify the issuance of such an order. (e) If the application for an extended protection order contains a request for spousal or child support, the applicant must file a financial affidavit on a form approved by the court. (f) No extended protection order may be renewed beyond the statutory maximum period nor may a new extended protection order be granted based upon the filing of a new application which does not contain a new and distinct factual basis for the issuance of an order. (g) The court may appoint one or more full-time or part-time family division masters and alternates to serve as domestic violence commissioners. Interim orders signed by the domestic violence commissioner are effective upon issuance subject to approval by the assigned district court judge. A duly-appointed domestic violence commissioner has the authority to: (1) Review applications for temporary and extended protection orders against domestic violence. (2) Schedule and hold contempt hearings for alleged violations of temporary and extended protection orders; recommend a finding of contempt; and recommend the appropriate sanction subject to approval by the assigned district court judge. (3) Recommend a sanction upon a finding of contempt in the presence of the court subject to approval of the assigned district court judge. (4) Issue, extend, modify, or dissolve protection orders against domestic violence under NRS 33.030. (5) Perform other duties as directed by the assigned district court judge. (h) A Family Division Master or domestic violence alternate shall have the power to issue TPO’s against domestic violence pursuant to NRS 33.020(5). However, any emergency temporary protection order issued by telephone by a Family Division Master or domestic violence alternate, under this section, must be set for hearing within one week of issuance by the Family Division Master or domestic violence alternate on the court’s calendar. (i) The interim orders, modifications or dissolutions, and recommendations pursuant to decision by the domestic violence commissioner shall be in full force and effect until further order of the assigned district court judge irrespective of any post decision motion which may be filed between the rendering of the decision and further order of the court. (j) In determining whether or not to issue an ex parte TPO pursuant to NRS 33.020, the assigned district court judge or the domestic violence commissioner may take steps to verify the written information provided by the applicant. This verification may include contacting Child Protective Services to determine whether a case is under investigation by that agency and involving either party. Child Protective Services or other agencies may be requested to attend the protection order hearing. Prior domestic violence history of either party may also be researched using criminal justice resources. (k) When a TPO case and a domestic case have been filed, the domestic violence commissioner will hear the extended protection order matter and related issues, unless a motion has been filed in the domestic case. After a motion is filed and heard by the assigned judge of record, all subsequent protection order filings and all other issues will be heard by that judge until final determination of the domestic case. After the final resolution of the domestic case, the judge of record will determine whether to hear any subsequent protection order filings. If a domestic case is active, an interim order made by the domestic violence commissioner, other than the protection order determination, will remain in effect for 60 days subject to approval by the assigned judge of record. If there has not been a domestic case filed, any interim order may remain in effect for the life of the protection order unless a subsequent modification is made by the assigned judge. Exception: When a motion is filed in a domestic case after the initial TPO has been granted and a hearing has already been set in the TPO court, the domestic violence commissioner may make interim orders on “emergency” matters at the time set for the extended protection order hearing. Exception: The domestic violence commissioner must bring all TPO cases to the attention of the assigned judge of record before taking any action. The assigned judge may then decide to hear any temporary protection order or extended protection order matter. The assigned judge may also direct that the domestic violence commissioner hear any temporary protection order or extended protection order matter and related issues, if there has been little or no recent activity in the domestic case. (l) The assigned district court judge or domestic violence commissioner may, pursuant to its discretion, waive the requirements of Rule 5.02 sua sponte or at the request of either party. (m) A party may object to the domestic violence commissioner’s recommendation, in whole or in part, by filing a written objection within 10 days after the decision in the matter. (1) If the objecting party was not present at the hearing, the 10 day objection period will begin upon the written or personal service of the extended protection order on that party. (2) The domestic violence commissioner’s recommendation would remain in effect until the objection is heard. A copy of the written objection must be served on the other party. If the other party’s address is confidential, service may be made on the protection order office for service on the other party. At the hearing on the objection, the assigned district court judge will review the matter and set aside only those recommendations that are found to be “clearly erroneous.” (n) The applicant may be ordered to pay all costs and fees incurred by the adverse party if by clear and convincing evidence it is proven that the applicant knowingly filed a false or intentionally misleading affidavit. [Amended; effective August 21, 2000.] Rule 5.23. Reserved. Rule 5.24. Reserved. Rule 5.25. Motions; contents; responses and replies. (a) Rule 2.20 applies to motions and responses filed in the family division. (b) Factual contentions involved in any family matter must be presented to the judge or master as provided in Rule 2.21. (c) Visitation issues raised in a paternity case may be considered at the paternity hearing immediately following a recommendation of paternity. Any custody dispute, or visitation dispute arising after the hearing when paternity is established, must be brought by written motion and randomly assigned for hearing by a trial judge designated to hear such matters. Paternity cases brought by private parties with the assistance of private counsel or in proper person will be randomly assigned to a trial judge upon being filed and thereafter all issues in the proceedings, including the establishment of paternity, will be the responsibility of the assigned trial judge. (d) A courtesy copy of all pleadings and papers shall be delivered to the court by dropping the copies into the departmental drop box provided by the court on the same date the document is filed. (e) Subject to the provisions of Rule 5.11, family motions may be set for hearing before a judge Monday through Thursday at 10:00 a.m. or 11:00 a.m. subject to time availability. Family motions may also be set for hearing at other times at the discretion of the judge. (f) If all the trial judges in this district are disqualified from hearing a case, a notice of motion must state: “Please take notice that the undersigned will bring the above motion on for hearing before a visiting or senior judge at such time as shall be prescribed by the court administrator.” [Amended; effective August 21, 2000.] Rule 5.26. Affidavits on motions. Affidavits in family division motions must comply with Rule 2.21. [Amended; effective August 21, 2000.] Rule 5.27. Motions; appearance of counsel and stipulations for extension of time. Rule 2.22 applies to vacating hearings, continuing hearings, removing motions from the court calendar, and stipulations to vacate or continue hearings in the family division. [Amended; effective August 21, 2000.] Rule 5.28. Withdrawal of attorney in limited services (“unbundled services”) contract. (a) An attorney who contracts with a client to limit the scope of representation shall state that limitation in the first paragraph of the first paper or pleading filed on behalf of that client. Additionally, if the attorney appears at a hearing on behalf of a client pursuant to a limited scope contract, the attorney shall notify the court of that limitation at the beginning of that hearing. (b) An attorney who contracts with a client to limit the scope of representation shall be permitted to withdraw from representation before the court by filing a Substitution of Attorney with the clerk’s office. The Substitution of Attorney shall state that the attorney is withdrawing from the case because the attorney was hired to perform a limited service, that service has been completed, and shall include a copy of the limited services retainer agreement between the attorney and the client. The Substitution of Attorney shall also state that the client will be representing himself or herself in proper person unless another attorney agrees to represent the client and shall contain the client’s address, or last known address, and telephone number at which the client may be served with notice of further proceedings taken in the case. The attorney must serve a copy of the Substitution of Attorney upon the client and all other parties to the action or their attorneys. [Added; effective August 21, 2000.] Rule 5.29. Rehearing of motions. Rule 2.24 applies to rehearing of motions in the family division. [Amended; effective August 21, 2000.] Rule 5.30. Extending time. Rule 2.25 applies to motions for extension of time in the family division. [Amended; effective August 21, 2000.] Rule 5.31. Shortening time. Rule 2.26 applies to motions to shorten time in the family division. [Amended; effective August 21, 2000.]

Vegas Law