Nevada § 171.1225 - Peace officer to provide information to suspected victims of domestic violence

§ 171.1225. Peace officer to provide information to suspected victims of domestic violence

1. When investigating an act of domestic violence, a peace officer shall: (a) Make a good faith effort to explain the provisions of NRS 171.137 pertaining to domestic violence and advise victims of all reasonable means to prevent

further abuse, including advising each person of the availability of a shelter or

other services in the community. (b) Provide a person suspected of being the victim of an act of domestic violence

with a written copy of the following statements: (1) My name is Officer ______________________________ (naming the investigating officer). Nevada law requires me to inform you of the following information. (2) If I have probable cause to believe that a battery has been committed against

you, your minor child or the minor child of the person believed to have committed

the battery in the last 24 hours by your spouse, your former spouse, any other person

to whom you are related by blood or marriage, a person with whom you have had or are

having a dating relationship or a person with whom you have a child in common, and

if I had a face-to-face encounter with the person suspected of committing the battery

that was of sufficient duration to determine whether probable cause existed while

responding to the initial incident or call for service, I am required, unless mitigating

circumstances exist, to arrest the person suspected of committing the battery. (3) If I have probable cause to believe that a battery has been committed against

you, your minor child or the minor child of the person believed to have committed

the battery in the last 7 days by your spouse, your former spouse, any other person

to whom you are related by blood or marriage, a person with whom you have had or are

having a dating relationship or a person with whom you have a child in common, and

if I did not have a face-to-face encounter with the person suspected of committing

the battery that was of sufficient duration to determine whether probable cause existed

while responding to the initial incident or call for service, I am required, unless

mitigating circumstances exist, to arrest the person suspected of committing the battery. (4) If I am unable to arrest the person suspected of committing the battery, you have

the right to request that the prosecutor file a criminal complaint against the person. I can provide you with information on this procedure. If convicted, the person who committed the battery may be placed on probation, ordered

to see a counselor, put in jail or fined. (5) The law provides that you may seek a court order for the protection of you, your

minor children or any animal that is owned or kept by you, by the person who committed

or threatened the act of domestic violence or by the minor child of either such person

against further threats or acts of domestic violence. You do not need to hire a lawyer to obtain such an order for protection. (6) An order for protection may require the person who committed or threatened the

act of domestic violence against you to: (I) Stop threatening, harassing or injuring you or your children; (II) Move out of your residence; (III) Stay away from your place of employment; (IV) Stay away from the school attended by your children; (V) Stay away from any place you or your children regularly go; (VI) Avoid or limit all communication with you or your children; (VII) Stop physically injuring, threatening to injure or taking possession of any

animal that is owned or kept by you or your children, either directly or through an

agent; and (VIII) Stop physically injuring or threatening to injure any animal that is owned

or kept by the person who committed or threatened the act or his or her children,

either directly or through an agent. (7) A court may make future orders for protection which award you custody of your

children and require the person who committed or threatened the act of domestic violence

against you to: (I) Pay the rent or mortgage due on the place in which you live; (II) Pay the amount of money necessary for the support of your children; (III) Pay part or all of the costs incurred by you in obtaining the order for protection;

and (IV) Comply with the arrangements specified for the possession and care of any animal

owned or kept by you or your children or by the person who committed or threatened

the act or his or her children. (8) To get an order for protection, go to room number __________ (state the room number of the office at the court) at the court, which is located

at ______________________________ (state the address of the court). Ask the clerk of the court to provide you with the forms for an order of protection. (9) If the person who committed or threatened the act of domestic violence against

you violates the terms of an order for protection, the person may be arrested and,

if: (I) The arresting officer determines that such a violation is accompanied by a direct

or indirect threat of harm; (II) The person has previously violated a temporary or extended order for protection;

or (III) At the time of the violation or within 2 hours after the violation, the person

has a concentration of alcohol of 0.08 or more in the person's blood or breath or

an amount of a prohibited substance in the person's blood or urine, as applicable,

that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 484C.110 , the person will not be admitted to bail sooner than 12 hours after arrest. (10) You may obtain emergency assistance or shelter by contacting your local program

against domestic violence at ______________________________ (state name, address and telephone number of local program) or you may call, without

charge to you, the Statewide Program Against Domestic Violence at ______________________________ (state toll-free telephone number of Statewide Program). 2. The failure of a peace officer to carry out the requirements set forth in subsection

1 is not a defense in a criminal prosecution for the commission of an act of domestic

violence, nor may such an omission be considered as negligence or as causation in

any civil action against the peace officer or the officer's employer. 3. As used in this section: (a) “ Act of domestic violence ” means any of the following acts committed by a person against his or her spouse,

former spouse, any other person to whom he or she is related by blood or marriage,

a person with whom he or she has had or is having a dating relationship, a person

with whom he or she has a child in common, the minor child of any of those persons

or his or her minor child: (1) A battery. (2) An assault. (3) Compelling the other by force or threat of force to perform an act from which

he or she has the right to refrain or to refrain from an act which he or she has the

right to perform. (4) A sexual assault. (5) A knowing, purposeful or reckless course of conduct intended to harass the other. Such conduct may include, but is not limited to: (I) Stalking. (II) Arson. (III) Trespassing. (IV) Larceny. (V) Destruction of private property. (VI) Carrying a concealed weapon without a permit. (VII) Injuring or killing an animal. (6) False imprisonment. (7) 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. (b) “ 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.