Nevada § 33.645 - Order from another jurisdiction: Accorded full faith and credit under certain circumstances; enforcement; effect of not registering order or including order in repository or database; immunity

§ 33.645. Order from another jurisdiction: Accorded full faith and credit under certain circumstances; enforcement; effect of not registering order or including order in repository or database; immunity

1. An order for protection against high-risk behavior, or the behaviors described

in NRS 33.550 , issued by the court of another state, territory or Indian tribe within the United

States is valid and must be accorded full faith and credit and enforced by the courts

of this State as if it were issued by a court in this State, regardless of whether

the order has been registered in this State, if a court in this State determines that: (a) The issuing court had jurisdiction over the parties and the subject matter under

the laws of the state, territory or Indian tribe in which the order was issued; and (b) The adverse party was given reasonable notice and an opportunity to be heard before

the order was issued or, in the case of an emergency order, the adverse party was

given reasonable notice and an opportunity to be heard within the time required by

the laws of the issuing state, territory or tribe and, in any event, within a reasonable

time after the order was issued. 2. A law enforcement officer shall enforce an order for protection against high-risk

behavior issued by a court of another state, territory or Indian tribe 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 an emergency 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. 3. An officer may determine that any order is authentic on its face. 4. In enforcing an order for protection against high-risk behavior issued by a court

of another state, territory or Indian tribe or arresting a person for a violation

of such an order, a law enforcement officer may rely upon: (a) A copy of an order for protection against high-risk behavior that has been provided

to the officer; (b) An order for protection against high-risk behavior that is included in the Central

Repository for Nevada Records of Criminal History or in any national crime information

database; (c) Oral or written confirmation from a law enforcement agency or court in the jurisdiction

in which the order for protection against high-risk behavior 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 for protection against high-risk behavior. 5. The fact that an order has not been registered or included in the Central Repository

for Nevada Records of Criminal History 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. 6. A court or law enforcement officer who enforces an order for protection against

high-risk behavior issued by a court of another state, territory or Indian tribe based

upon a reasonable belief that the order is valid or who refuses to enforce such an

order based upon a reasonable belief that the order is not valid and the employer

of such a law enforcement officer are immune from civil and criminal liability for

any action taken or not taken based on that belief.