(Reprinted with amendments adopted on April 21, 2025)
FIRST REPRINT A.B. 309
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ASSEMBLY BILL NO. 309–ASSEMBLYMEMBERS HARDY, HIBBETTS;
GOULDING, HAFEN, KOENIG, TORRES-FOSSETT AND YUREK
FEBRUARY 27, 2025
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JOINT SPONSORS: SENATORS BUCK AND STEINBECK
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Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to certain orders for
protection against domestic violence. (BDR 3-885)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to orders for protection; requiring certain
temporary orders for protection against domestic violence
to include certain information; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law: (1) authorizes a court to grant a temporary order for protection 1
against domestic violence with or without notice to the adverse party; and (2) 2
provides that an extended order for protection against domestic violence may only 3
be granted after notice to the adverse party and a hearing on the application. Under 4
existing law, if a court grants a temporary order for protection against domestic 5
violence against an alleged perpetrator of domestic violence who is in custody at 6
the time the court grants the order: (1) upon approval of the court, the signed order 7
may be transmitted to the facility holding the alleged perpetrator; and (2) if such an 8
order is received by the facility holding the alleged perpetrator while the alleged 9
perpetrator is still in custody, the order must be served upon the alleged perpetrator 10
before the alleged perpetrator is released from the facility. (NRS 33.020) 11
Section 1 of this bill requires that certain temporary orders for protection 12
against domestic violence served upon an alleged perpetrator who is in custody 13
advise the person that if the person is still in custody on the date of the hearing on 14
the application for an extended order for protection against domestic violence, the 15
person may contest the application by filing a written response with the court which 16
consists solely of a statement indicating whether the person contests the issuance of 17
an extended order. Section 1 also requires that such temporary orders notify the 18
person that if the person does not file a written response within the time specified in 19
the temporary order and the person is still in custody on the date of the hearing on 20
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the application for an extended order for protection against domestic violence, the 21
court may: (1) hold the hearing in the absence of the incarcerated person; and (2) 22
grant the extended order without further input from the incarcerated person. 23
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 33.030 is hereby amended to read as follows: 1
33.030 1. The court by a temporary order may: 2
(a) Enjoin the adverse party from threatening, physically 3
injuring or harassing the applicant or minor child, either directly or 4
through an agent; 5
(b) Exclude the adverse party from the applicant’s place of 6
residence; 7
(c) Prohibit the adverse party from entering the residence, 8
school or place of employment of the applicant or minor child and 9
order the adverse party to stay away from any specified place 10
frequented regularly by them; 11
(d) If it has jurisdiction under chapter 125A of NRS, grant 12
temporary custody of the minor child to the applicant; 13
(e) Enjoin the adverse party from physically injuring, 14
threatening to injure or taking possession of any animal that is 15
owned or kept by the applicant or minor child, either directly or 16
through an agent; 17
(f) Enjoin the adverse party from physically injuring or 18
threatening to injure any animal that is owned or kept by the adverse 19
party, either directly or through an agent; and 20
(g) Order such other relief as it deems necessary in an 21
emergency situation. 22
2. The court by an extended order may grant any relief 23
enumerated in subsection 1 and: 24
(a) Specify arrangements for visitation of the minor child by the 25
adverse party and require supervision of that visitation by a third 26
party if necessary; 27
(b) Specify arrangements for the possession and care of any 28
animal owned or kept by the adverse party, applicant or minor child; 29
and 30
(c) Order the adverse party to: 31
(1) Avoid or limit communication with the applicant or 32
minor child; 33
(2) Pay rent or make payments on a mortgage on the 34
applicant’s place of residence; 35
(3) Pay for the support of the applicant or minor child, 36
including, without limitation, support of a minor child for whom a 37
guardian has been appointed pursuant to chapter 159A of NRS or a 38
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minor child who has been placed in protective custody pursuant to 1
chapter 432B of NRS, if the adverse party is found to have a duty to 2
support the applicant or minor child; 3
(4) Pay all costs and fees incurred by the applicant in 4
bringing the action; and 5
(5) Pay monetary compensation to the applicant for lost 6
earnings and expenses incurred as a result of the applicant attending 7
any hearing concerning an application for an extended order. 8
3. If an extended order is issued by a justice court, an 9
interlocutory appeal lies to the district court, which may affirm, 10
modify or vacate the order in question. The appeal may be taken 11
without bond, but its taking does not stay the effect or enforcement 12
of the order. 13
4. A temporary or extended order must specify, as applicable, 14
the county and city, if any, in which the residence, school, child care 15
facility or other provider of child care, and place of employment of 16
the applicant or minor child are located. 17
5. A temporary or extended order must provide notice that: 18
(a) Responding to a communication initiated by the applicant 19
may constitute a violation of the protective order; and 20
(b) A person who is arrested for violating the order will not be 21
admitted to bail sooner than 12 hours after the person’s arrest if: 22
(1) The arresting officer determines that such a violation is 23
accompanied by a direct or indirect threat of harm; 24
(2) The person has previously violated a temporary or 25
extended order for protection; or 26
(3) At the time of the violation or within 2 hours after the 27
violation, the person has: 28
(I) A concentration of alcohol of 0.08 or more in the 29
person’s blood or breath; or 30
(II) An amount of a prohibited substance in the person’s 31
blood or urine, as applicable, that is equal to or greater than the 32
amount set forth in subsection 3 or 4 of NRS 484C.110. 33
6. In addition to the requirements prescribed by subsection 5, 34
if an application for an extended order is filed at the same time as 35
a temporary order issued pursuant to subsection 8 of NRS 33.020, 36
the temporary order must: 37
(a) Advise the incarcerated adverse party that if the 38
incarcerated adverse party is still in custody on the date of the 39
hearing on the application for an extended order, the incarcerated 40
adverse party may contest the application by filing a written 41
response with the court. The written response must: 42
(1) Be filed with the court not later than 14 calendar days 43
after the date on which the incarcerated adverse party receives 44
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service of the temporary order for protection at the facility where 1
the incarcerated adverse party is in custody; 2
(2) Consist solely of a statement indicating whether the 3
incarcerated adverse party contests the issuance of an extended 4
order; and 5
(3) Be filed with the court in accordance with the 6
procedures established by the facility where the incarcerated 7
adverse party is in custody. 8
(b) Notify the incarcerated adverse party that if the 9
incarcerated adverse party does not file the written response 10
described in paragraph (a) within 14 calendar days after the date 11
on which the incarcerated adverse party receives service of the 12
temporary order for protection, the court may: 13
(1) Hold a hearing on the extended order in the absence of 14
the incarcerated adverse party; and 15
(2) Grant an extended order without further input from the 16
incarcerated adverse party. 17
Sec. 2. The amendatory provisions of this act apply to an order 18
for protection against domestic violence that is issued on or after 19
October 1, 2025. 20
H