Nevada § 33.020 - Requirements for issuance of temporary and extended orders; availability of court; court clerk to inform protected party upon transfer of information to Central Repository

§ 33.020. Requirements for issuance of temporary and extended orders; availability of court; court clerk to inform protected party upon transfer of information to Central Repository

1. If it appears to the satisfaction of the court from specific facts shown by a verified

application that an act of domestic violence has occurred or there exists a threat

of domestic violence, the court may grant a temporary or extended order. A court shall only consider whether the act of domestic violence or the threat thereof

satisfies the requirements of NRS 33.018 without considering any other factor in its determination to grant the temporary

or extended order. 2. A temporary or extended order must not be granted to the applicant or the adverse

party unless the applicant or the adverse party has requested the order and has filed

a verified application that an act of domestic violence has occurred or there exists

a threat of domestic violence. If the applicant reasonably believes that disclosing his or her address and contact

information in the application would jeopardize his or her safety, the applicant may

decline to disclose his or her address and contact information in the application. If the applicant declines to disclose his or her address and contact information

in the application, then such information: (a) Must be disclosed to the court and, for criminal justice purposes, to any other

authorized agency of criminal justice to allow the agency of criminal justice to carry

out any duty required pursuant to NRS 33.017 to 33.100 , inclusive; (b) Must be maintained in a separate, confidential, electronic document or database

which is not publicly accessible; and (c) Must not be released, disclosed or made accessible to the public, except as authorized

by the court. 3. The court may require the applicant or the adverse party, or both, to appear before

the court before determining whether to grant the temporary or extended order. 4. A temporary order may be granted with or without notice to the adverse party. An extended order may only be granted after notice to the adverse party and a hearing

on the application. 5. A hearing on an application for an extended order must be held within 45 days after

the date on which the application for the extended order is filed. If the adverse party has not been served pursuant to NRS 33.060 or 33.065 and fails to appear at the hearing, the court may, upon a showing that law enforcement,

after due diligence, has been unable to serve the adverse party or that the adverse

party has sought to avoid service by concealment, set a date for a second hearing

which must be held within 90 days after the date on which the first hearing was scheduled. 6. If the adverse party has not been served pursuant to NRS 33.060 or 33.065 and fails to appear on the date set for a second hearing on an application for an

extended order pursuant to subsection 5, the court may, upon a showing that law enforcement,

after due diligence, has been unable to serve the adverse party or that the adverse

party has sought to avoid service by concealment, set a date for a third hearing which

must be held within 90 days after the date on which the second hearing was scheduled. 7. The court shall rule upon an application for a temporary order within 1 judicial

day after it is filed. 8. If it appears to the satisfaction of the court from specific facts communicated

by electronic means to the court by an alleged victim that an act of domestic violence

has occurred and the alleged perpetrator of the domestic violence has been arrested

and is presently in custody pursuant to NRS 171.137 , the court may grant a temporary order. Before approving an order under such circumstances, the court shall confirm with

the appropriate law enforcement agency that the applicant is an alleged victim and

that the alleged perpetrator is in custody. Upon approval by the court, the signed order may be transmitted to the facility

where the alleged perpetrator is in custody by electronic or telephonic transmission

to a facsimile machine. If such an order is received by the facility holding the alleged perpetrator while

the alleged perpetrator is still in custody, the order must be personally served by

an authorized employee of the facility before the alleged perpetrator is released. The court shall mail a copy of each order issued pursuant to this subsection to

the alleged victim named in the order and cause the original order to be filed with

the court clerk on the first judicial day after it is issued. 9. In a county whose population is 52,000 or more, the court shall be available 24

hours a day, 7 days a week, including nonjudicial days and holidays, to receive electronic

communications and for the issuance of a temporary order pursuant to subsection 8. 10. In a county whose population is less than 52,000, the court may be available 24

hours a day, 7 days a week, including nonjudicial days and holidays, to receive electronic

communications and for the issuance of a temporary order pursuant to subsection 8. 11. The clerk of the court shall inform the protected party upon the successful transfer

of information concerning the registration to the Central Repository for Nevada Records

of Criminal History as required pursuant to NRS 33.095 . 12. As used in this section, “ agency of criminal justice ” has the meaning ascribed to it in NRS 179A.030 .