Nevada Remedies; Special Actions and Proceedings

Sec. § 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.

1.

In addition to any other remedy provided by law, the parent or guardian of a child may petition any court of competent jurisdiction on behalf of the child for a temporary or extended order against a person who is 18 years of age or older and who the parent or guardian reasonably believes has committed or is committing a crime involving:

(a)

Physical or mental injury to the child of a nonaccidental nature; or

(b)

Sexual abuse or sexual exploitation of the child.

2.

If such an order on behalf of a child is granted, the court may direct the person who allegedly committed or is committing the crime to:

(a)

Stay away from the home, school, business or place of employment of the child and any other location specifically named by the court.

(b)

Refrain from contacting, intimidating, threatening or otherwise interfering with the child and any other person specifically named by the court, who may include, without limitation, a member of the family or the household of the child.

(c)

Comply with any other restriction which the court deems necessary to protect the child or to protect any other person specifically named by the court, who may include, without limitation, a member of the family or the household of the child.

3.

If a defendant charged with committing a crime described in subsection 1 is released from custody before trial or is found guilty or guilty but mentally ill during the trial, the court may issue a temporary or extended order or provide as a condition of the release or sentence that the defendant:

(a)

Stay away from the home, school, business or place of employment of the child against whom the alleged crime was committed and any other location specifically named by the court.

(b)

Refrain from contacting, intimidating, threatening or otherwise interfering with the child against whom the alleged crime was committed and any other person specifically named by the court, who may include, without limitation, a member of the family or the household of the child.

(c)

Comply with any other restriction which the court deems necessary to protect the child or to protect any other person specifically named by the court, who may include, without limitation, a member of the family or the household of the child.

4.

A temporary order may be granted with or without notice to the adverse party. An extended order may be granted only after:

(a)

Notice of the petition for the order and of the hearing thereon is served upon the adverse party pursuant to the Nevada Rules of Civil Procedure; and

(b)

A hearing is held on the petition.

5.

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.

6.

Unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order, any person who intentionally violates:

(a)

A temporary order is guilty of a gross misdemeanor.

(b)

An extended order is guilty of a category C felony and shall be punished as provided in NRS 193.130.

7.

Any court order issued pursuant to this section must:

(a)

Be in writing;

(b)

Be personally served on the person to whom it is directed; and

(c)

Contain the warning that violation of the order:

(1)

Subjects the person to immediate arrest.

(2)

Is a gross misdemeanor if the order is a temporary order.

(3)

Is a category C felony if the order is an extended order.
Source

Last accessed
Feb. 5, 2021

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