Nevada § 33.143 - Enforcement of Canadian domestic-violence protection order by law enforcement officer

§ 33.143. Enforcement of Canadian domestic-violence protection order by law enforcement officer

1. Except as otherwise provided in subsection 4 and NRS 33.146 , a law enforcement officer shall enforce a Canadian domestic-violence protection

order and shall make an arrest for a violation thereof in the same manner that a law

enforcement officer would make an arrest for a violation of a temporary or extended

order issued by a court of this State unless it is apparent to the officer that the

order is not authentic on its face. An officer shall determine that an order is authentic on its face if the order contains: (a) The names of the parties; (b) Information indicating that the order has not expired; and (c) Information indicating that the court which issued the order had legal authority

to issue the order as evidenced by a certified copy of the order, a file-stamped copy

of the order, an authorized signature or stamp of the court which issued the order

or another indication of the authority of the court which issued the order. An officer may determine that any other order is authentic on its face. 2. In enforcing a Canadian domestic-violence protection order or arresting a person

for a violation of such an order, a law enforcement officer may rely upon: (a) A copy of the order that has been provided to the officer; (b) An order that is included in the Repository for Information Concerning Orders

for Protection pursuant to NRS 33.095 or in any national crime information database; (c) Oral or written confirmation from a law enforcement agency or court in which the

order was issued that the order is valid and effective; or (d) An examination of the totality of the circumstances concerning the existence of

a valid and effective order, including, without limitation, the statement of a person

protected by the order that the order remains in effect. 3. The fact that a Canadian domestic-violence protection order has not been registered

or included in the Repository for Information Concerning Orders for Protection in

the Central Repository for Nevada Records of Criminal History pursuant to NRS 33.095 or in any national crime information database is not grounds for a law enforcement

officer to refuse to enforce the terms of the order unless it is apparent to the officer

that the order is not authentic on its face. 4. If a law enforcement officer determines that an otherwise valid Canadian domestic-violence

protection order cannot be enforced because the adverse party has not been notified

of or served with the order, the officer shall notify the protected person that the

officer will make reasonable efforts to contact the adverse party, consistent with

the safety of the protected person. After notice to the protected person and consistent with the safety of the protected

person, the law enforcement officer shall make a reasonable effort to inform the adverse

party of the order, notify the adverse party of the terms of the order, provide a

record of the order, if available, to the adverse party and allow the adverse party

a reasonable opportunity to comply with the order before the officer enforces the

order. 5. If a law enforcement officer determines that a person is a protected person, the

officer shall inform him or her of available local victims' services.