Nevada § 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

§ 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.