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pository for Nevada Records of Criminal History as required pursuant 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 Contents of 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 directly or through an agent;
(b) Exclude the adverse party from the applicant’s place of residence;
(c) Prohibit the adverse party from entering the residence, school or place of employment of the applicant or minor child and order 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 of the minor child to the applicant; and
(e) Order such other relief 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 visitation by a third party if necessary; and
(b) Order the adverse party to:
(1) Avoid or limit communication with the applicant or minor child;
(2) Pay rent or make payments on a mortgage on the applicant’s place of residence or pay for the support of the applicant or minor child if he is found to have a duty to support the applicant or minor child; and
(3) Pay all costs and fees incurred by the applicant 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 or vacate the order in question. The appeal may be taken 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 person who is arrested for violating the order will not be admitted to bail sooner than 12 hours after his arrest if the arresting officer determines that 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 Extended order to include assignment of income for support of child in certain circumstances.
1. If a court issues an extended order which includes an order for the support of a minor child, the court shall order the adverse party to assign to the party who obtained the extended order that portion of the income of the adverse party which is due or to become due and is sufficient to pay the amount ordered by the court for the support, unless the court finds good cause for the postponement of the assignment. A finding of good cause must be based upon a written finding by the court that the immediate assignment of income would not be in the best interests of the child.
2. An assignment of income ordered pursuant to subsection 1 is subject to the provisions of chapters 31A and 125B of NRS.
3. The Division of Welfare and Supportive Services of the Department of Health and Human Services, in consultation with the Office of Court Administrator and other interested governmental entities, shall develop procedures and forms to allow a person to whom an assignment is ordered to be made to enforce the assignment in an expeditious and safe manner.
(Added to NRS by 2003, 1753)
NRS 33.040 No requirement of action for dissolution of marriage; order does not preclude other action; consolidation with other action.
1. A temporary or extended order may be granted under NRS 33.020 without regard to whether an action for divorce, annulment of marriage or separate maintenance has been filed respecting the applicant and the adverse party.
2. A temporary or extended order is in addition to and not in lieu of any other available civil or criminal action. An applicant is not barred from seeking an order because of other pending proceedings.
3. An application for a temporary or extended order may be consolidated with another civil action if it would prevent an act of domestic violence.
(Added to NRS by 1985, 2286)
NRS 33.050 Assessment of court costs and fees; duty of court clerk to assist parties; no charge for certified copy of order for applicant.
1. The payment of all costs and official fees must be deferred for any applicant for a temporary or extended order. After any hearing and no later than final disposition of the application or order, the court shall assess the costs and fees against the adverse party, except that the court 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 designated by the court shall assist any party in completing and filing the application, affidavit and any other paper or pleading necessary to initiate or respond to an application for a temporary or extended order. This assistance does not constitute the practice of law, but the clerk shall not render any advice or service that requires the professional judgment of an attorney.
4. The clerk of the court shall not charge an applicant for a temporary or extended order for providing the applicant with a certified copy of the temporary or extended order.
(Added to NRS by 1985, 2284; A 1997, 191; 2001, 2128)
NRS 33.060 Notice of order to law enforcement agency; duty to serve and enforce order without charge; no charge for copy of order for applicant and adverse party.
1. The court shall transmit, by the end of the next business day after the order is issued, a copy of the temporary or extended order to the appropriate law enforcement agency which has jurisdiction over the residence, school, child care facility or other provider of child care, or place of employment of the applicant or the minor child.
2. The court shall order the appropriate law enforcement agency to serve, without charge, the adverse party personally with the temporary order and to file with or mail to the clerk of the court proof of service by the end of the next business day after service is made. Service of an application for an extended order and the notice of hearing thereon must be served 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 temporary or extended order without regard to the county in which the order was issued.
4. The clerk of the court shall issue, without fee, a copy 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 Alternative method for serving adverse party at current place of employment; when adverse party deemed served; immunity from liability for employer.
1. If the current address where the adverse party resides is unknown and the law enforcement agency has made at least two attempts to personally serve the adverse party at his current place of employment, the law enforcement agency or a person designated by the law enforcement agency may serve the adverse party by:
(a) Delivering a copy of the application for an extended order, the notice of hearing thereon and a copy of the temporary order to the current place of employment of the adverse party; and
(b) Thereaft
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