AB581_EN

Assembly Bill No. 581–Committee on Judiciary

CHAPTER..........

AN ACT relating to orders; making various changes concerning orders for protection against domestic violence; providing that certain orders for protection issued in another state are not subject to certain requirements to be given full faith and credit in this state; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 33 of NRS is hereby amended by adding thereto a

new section to read as follows:

1. Except as otherwise provided in subsection 2, an order for

protection against domestic violence issued by the court of another state,

territory or Indian tribe within the United States, including, without

limitation, any provisions in the order related to custody and support, 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 the 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 ex parte

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. If the order for protection against domestic violence issued by the

court of another state, territory or Indian tribe is a mutual order for

protection against domestic violence and:

(a) No counter or cross-petition or other pleading was filed by the

adverse party; or

(b) A counter or cross-petition or other pleading was filed and the

court did not make a specific finding of domestic violence by

both parties,

the court shall refuse to enforce the order against the applicant and may

determine whether to issue its own temporary or extended order.

3. A law enforcement officer shall enforce an order for protection

against domestic violence issued by the 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 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

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.

4. In enforcing an order for protection against domestic violence

issued by the 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 domestic violence that

has been provided to the officer;

(b) An order for protection against domestic violence that is included

in the repository for information concerning orders for protection

against domestic violence pursuant to NRS 33.095 or in any national

crime information database;

court in the jurisdiction in which the order for protection against

domestic violence 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 domestic

violence, including, without limitation, the statement of a person

protected by the order that the order remains in effect.

5. The fact that an order has not been registered or included in the

repository for information concerning orders for protection against

domestic violence 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.

6. A court or law enforcement officer who enforces an order for

protection against domestic violence issued by the 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.

Sec. 2. NRS 33.017 is hereby amended to read as follows:

33.017 As used in NRS 33.017 to 33.100, inclusive, and section 1 of

this act, unless the context otherwise requires:

1. “Extended order” means an extended order for protection against

domestic violence.

2. “Temporary order” means a temporary order for protection against

domestic violence.

Sec. 3. NRS 33.050 is hereby amended to read as follows:

33.050 1. The payment of all costs and official fees must be deferred

for any applicant for a temporary or extended order. After any hearing and

no later than final disposition of the application or order, the court shall

assess the costs and fees against the adverse party, except that the court

may reduce them or waive them, as justice may require.

2. The clerk of the court shall provide each party, free of cost, with

information about the:

(a) Availability of temporary and extended orders;

(b) Procedure for filing an application for an order; and

3. The clerk of the court or other person designated by the court shall

assist any party in completing and filing the application, affidavit , and any

other paper or pleading necessary to initiate or respond to an application

for a temporary or extended order. This assistance does not constitute the

practice of law, but the clerk shall not render any advice or service that

requires the professional judgment of an attorney.

4. The clerk of the court shall not charge an applicant for a

temporary or extended order for providing the applicant with a certified

copy of the temporary or extended order.

Sec. 4. NRS 33.060 is hereby amended to read as follows:

33.060 1. The court shall transmit, by the end of the next business

day after the order is issued, a copy of the temporary or extended order to

the appropriate law enforcement agency which has jurisdiction over the

residence, school, child care facility or other provider of child care, or

place of employment of the applicant or the minor child.

2. The court [may] shall order the appropriate law enforcement agency

to serve , without charge, the adverse party personally with the temporary

order [if it finds that such service is necessary to avoid any act of violence]

and to file with or mail to the clerk of the court proof of service by the end

of the next business day after service is made. Service of an application for

an extended order and the notice of hearing thereon must be served upon

the adverse party pursuant to the Nevada Rules of Civil Procedure.

3. A law enforcement agency shall enforce a temporary or extended

order without regard to the county in which the order was issued.

4. The clerk of the court shall issue, without fee, a copy of the

temporary or extended order to the applicant and the adverse party.

Sec. 5. NRS 33.090 is hereby amended to read as follows:

33.090 1. [A valid order for protection against domestic violence

issued by a court of another state, territory or Indian tribe within the

United States must be accorded full faith and credit by the courts of this

state and enforced as if it were issued by a court in this state, regardless of

whether the order has been registered in this state.

2.] A person may [apply to a court of this state to] register an order for

protection against domestic violence issued by the court of another state,

territory or Indian tribe within the United States by presenting a certified

copy of the order to the clerk of the court in a judicial district in which the

person believes that enforcement may be necessary.

[3. Except as otherwise provided in subsection 5, upon application by

the protected party pursuant to subsection 2, a court of competent

jurisdiction in this state shall register such an order if:

(a) The court determines that the issuing court had proper jurisdiction

over the parties and the subject matter under the laws of the state, territory

or tribe; and

(b) The court determines that the adverse party was given reasonable

notice and an opportunity to be heard before the order was issued or, in the

case of an ex parte order, the adverse party was given reasonable notice

and an opportunity to be heard as soon as possible after the order was

issued.

4. An order that is registered has the same effect and must be enforced

in like manner as an order for protection against domestic violence issued

by a court of this state.

5. If the order for protection against domestic violence issued by the

court of another state, territory or Indian tribe was a mutual order for

protection against domestic violence and:

(a) No counter or cross-petition was filed seeking such protection order;

(b) A counter or cross-petition was filed and the court did not make a

specific finding of domestic violence by both parties; or

of the State of Nevada relating to a different protection order issued

against him,

the court may refuse to register and enforce the order and may determine

whether to issue its own temporary or extended order.

6. A temporary or extended order of another state, territory or Indian

tribe presented pursuant to this section which appears authentic on its face

must be presumed valid.

7. A court, law enforcement officer or any other person who enforces

an order for protection against domestic violence based upon a reasonable

belief that the order is valid is immune from civil liability for any action

taken based on that belief.

8.] 2. The clerk of the court shall [maintain] :

(a) Maintain a record of each order registered pursuant to this section[.

9. The clerk shall not charge a fee for an application to register or for

registering an order pursuant to this section.

10. The clerk shall inform] ;

(b) Provide the protected party with a certified copy of the order

registered pursuant to this section bearing proof of registration with the

court;

registered pursuant to this section to the appropriate law enforcement

agency which has jurisdiction over the residence, school, child care

facility or other provider of child care, or place of employment of the

protected party or the child of the protected party; and

(d) 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.

3. The clerk of the court shall not:

(a) Charge a fee for registering an order or for providing a certified

copy of an order pursuant to this section.

(b) Notify the party against whom the order has been made that an

order for protection against domestic violence issued by the court of

another state, territory or Indian tribe has been registered in this state.

4. A person who registers an order pursuant to this section must not

be charged to have the order served in this state.

Sec. 6. NRS 4.060 is hereby amended to read as follows:

4.060 1. Except as otherwise provided in this section[,] and NRS

33.017 to 33.100, inclusive, and section 1 of this act, each justice of the

peace shall charge and collect the following fees:

(a) On the commencement of any action or proceeding in

the justice’s court, other than in actions commenced pursuant

to chapter 73 of NRS, to be paid by the party commencing the

action:

If the sum claimed does not exceed $1,000..................................................... $28.00

If the sum claimed exceeds $1,000 but does not exceed

$2,500.............................................. 50.00

If the sum claimed exceeds $2,500 but does not exceed

$4,500............................................. 100.00

If the sum claimed exceeds $4,500 but does not exceed

$6,500............................................. 125.00

If the sum claimed exceeds $6,500 but does not exceed

$7,500............................................. 150.00

In all other civil actions....................... 28.00

(b) For the preparation and filing of an affidavit and order

in an action commenced pursuant to chapter 73 of NRS:

If the sum claimed does not exceed $1,000....................................................... 25.00

If the sum claimed exceeds $1,000 but does not exceed

$2,500.............................................. 45.00

If the sum claimed exceeds $2,500 but does not exceed

$5,000.............................................. 65.00

defendants answering jointly, to be paid him or them on filing

the first paper in the action, or at the time of appearance:

In all civil actions................................ 12.00

For every additional defendant, appearing separately.......................................... 6.00

(d) No fee may be charged where a defendant or defendants

appear in response to an affidavit and order issued pursuant to

the provisions of chapter 73 of NRS.

(e) For the filing of any paper in intervention..... 6.00

(f) For the issuance of any writ of attachment, writ of

garnishment, writ of execution or any other writ designed to

enforce any judgment of the court............. 6.00

(g) For filing a notice of appeal, and appeal bonds12.00

One charge only may be made if both papers are filed at

the same time.

(h) For issuing supersedeas to a writ designed to enforce a

judgment or order of the court................ 12.00

(i) For preparation and transmittal of transcript and papers

on appeal............................................... 12.00

(j) For celebrating a marriage and returning the certificate

to the county recorder............................ 35.00

(k) For entering judgment by confession.. 6.00

(l) For preparing any copy of any record, proceeding or

paper, for each page................................... .30

(m) For each certificate of the clerk, under the seal of the

court........................................................ 3.00

(n) For searching records or files in his office, for each year............................................. 1.00

(o) For filing and acting upon each bail or property bond ........................................ 40.00

2. A justice of the peace shall not charge or collect any of the fees set

forth in subsection 1 for any service rendered by him to the county in

which his township is located.

3. A justice of the peace shall not charge or collect the fee pursuant to

paragraph (j) of subsection 1 if he performs a marriage ceremony in a

commissioner township.

4. Except as otherwise provided by an ordinance adopted pursuant to

the provisions of NRS 244.207, the justice of the peace shall, on or before

the fifth day of each month, account for and pay to the county treasurer all

fees collected during the preceding month, except for the fees he may

retain as compensation and the fees he is required to pay to the state

treasurer pursuant to subsection 5.

5. The justice of the peace shall, on or before the fifth day of each

month, pay to the state treasurer [half] one-half of the fees collected

pursuant to paragraph (o) of subsection 1 during the preceding month. The

state treasurer shall deposit the money in the fund for the compensation of

victims of crime.

Sec. 7. NRS 17.340 is hereby amended to read as follows:

17.340 As used in NRS 17.330 to 17.400, inclusive, unless the context

otherwise requires, “foreign judgment” means any judgment of a court of

the United States or of any other court which is entitled to full faith and

credit in this state, except [a] :

1. A judgment to which chapter 130 of NRS applies [.] ; and

2. An order for protection issued for the purpose of preventing

violent or threatening acts or harassment against, or contact or

communication with or physical proximity to, another person, including

temporary and final orders.

Sec. 8. This act becomes effective on July 1, 2001.

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