1. When investigating an act of domestic violence, a peace officer shall:
(a) Make a good faith effort to explain the provisions of NRS 171.137 pertaining to domestic violence and advise victims of all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community.
(b) Provide a person suspected of being the victim of an act of domestic violence with a written copy of the following statements:
(1) My name is Officer ......................... (naming the investigating officer). Nevada law requires me to inform you of the following information.
(2) If I have probable cause to believe that a battery has been committed against you, your minor child or the minor child of the person believed to have committed the battery in the last 24 hours by your spouse, your former spouse, any other person to whom you are related by blood or marriage, a person with whom you have had or are having a dating relationship or a person with whom you have a child in common, I am required, unless mitigating circumstances exist, to arrest the person suspected of committing the battery.
(3) If I am unable to arrest the person suspected of committing the battery, you have the right to request that the prosecutor file a criminal complaint against the person. I can provide you with information on this procedure. If convicted, the person who committed the battery may be placed on probation, ordered to see a counselor, put in jail or fined.
(4) The law provides that you may seek a court order for the protection of you, your minor children or any animal that is owned or kept by you, by the person who committed or threatened the act of domestic violence or by the minor child of either such person against further threats or acts of domestic violence. You do not need to hire a lawyer to obtain such an order for protection.
(5) An order for protection may require the person who committed or threatened the act of domestic violence against you to:
(I) Stop threatening, harassing or injuring you or your children;
(II) Move out of your residence;
(III) Stay away from your place of employment;
(IV) Stay away from the school attended by your children;
(V) Stay away from any place you or your children regularly go;
(VI) Avoid or limit all communication with you or your children;
(VII) Stop physically injuring, threatening to injure or taking possession of any animal that is owned or kept by you or your children, either directly or through an agent; and
(VIII) Stop physically injuring or threatening to injure any animal that is owned or kept by the person who committed or threatened the act or his or her children, either directly or through an agent.
(6) A court may make future orders for protection which award you custody of your children and require the person who committed or threatened the act of domestic violence against you to:
(I) Pay the rent or mortgage due on the place in which you live;
(II) Pay the amount of money necessary for the support of your children;
(III) Pay part or all of the costs incurred by you in obtaining the order for protection; and
(IV) Comply with the arrangements specified for the possession and care of any animal owned or kept by you or your children or by the person who committed or threatened the act or his or her children.
(7) To get an order for protection, go to room number ....... (state the room number of the office at the court) at the court, which is located at ......................... (state the address of the court). Ask the clerk of the court to provide you with the forms for an order of protection.
(8) If the person who committed or threatened the act of domestic violence against you violates the terms of an order for protection, the person may be arrested and, if:
(I) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm;
(II) The person has previously violated a temporary or extended order for protection; or
(III) At the time of the violation or within 2 hours after the violation, the person has a concentration of alcohol of 0.08 or more in the person’s blood or breath or an amount of a prohibited substance in the person’s blood or urine, as applicable, that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 484C.110,
the person will not be admitted to bail sooner than 12 hours after arrest.
(9) You may obtain emergency assistance or shelter by contacting your local program against domestic violence at ......................... (state name, address and telephone number of local program) or you may call, without charge to you, the Statewide Program Against Domestic Violence at ........................ (state toll-free telephone number of Statewide Program).
2. The failure of a peace officer to carry out the requirements set forth in subsection 1 is not a defense in a criminal prosecution for the commission of an act of domestic violence, nor may such an omission be considered as negligence or as causation in any civil action against the peace officer or the officer’s employer.
3. As used in this section:
(a) "Act of domestic violence" means any of the following acts committed by a person against his or her spouse, former spouse, any other person to whom he or she is related by blood or marriage, a person with whom he or she has had or is having a dating relationship, a person with whom he or she has a child in common, the minor child of any of those persons or his or her minor child:
(1) A battery.
(2) An assault.
(3) Compelling the other by force or threat of force to perform an act from which he or she has the right to refrain or to refrain from an act which he or she has the right to perform.
(4) A sexual assault.
(5) A knowing, purposeful or reckless course of conduct intended to harass the other. Such conduct may include, but is not limited to:
(I) Stalking.
(II) Arson.
(III) Trespassing.
(IV) Larceny.
(V) Destruction of private property.
(VI) Carrying a concealed weapon without a permit.
(VII) Injuring or killing an animal.
(6) False imprisonment.
(7) Unlawful entry of the other’s residence, or forcible entry against the other’s will if there is a reasonably foreseeable risk of harm to the other from the entry.
(b) "Dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.
(Added to NRS by 1989, 64; A 1993, 2771; 1995, 899; 1997, 1800; 2001, 1221; 2007, 1015; 2013, 40; 2017, 316, 3180)
Structure Nevada Revised Statutes
Chapter 171 - Proceedings to Commitment
NRS 171.010 - Jurisdiction of offense committed in State.
NRS 171.020 - Act within this State culminating in crime in this or another state.
NRS 171.025 - Death by dueling.
NRS 171.030 - Offense committed partly in one county and partly in another.
NRS 171.035 - Offense committed on or near boundary.
NRS 171.045 - Offenses concerning animals ranging in two or more counties.
NRS 171.055 - Bigamy and incest.
NRS 171.075 - Conviction or acquittal in another county is bar where venue is concurrent.
NRS 171.079 - Text of Compact.
NRS 171.085 - Limitations for felonies.
NRS 171.090 - Limitations for gross and simple misdemeanors.
NRS 171.100 - Indictment found when it is presented and filed.
NRS 171.101 - "No-knock warrant" defined.
NRS 171.102 - Complaint defined; oath or declaration required.
NRS 171.103 - Court clerk may accept complaint filed electronically; procedure; service.
NRS 171.104 - Arrest defined; by whom made.
NRS 171.108 - Contents of warrant of arrest.
NRS 171.112 - Contents of summons.
NRS 171.114 - Execution of warrant and service of summons: By whom.
NRS 171.116 - When magistrate may depute person to act as constable.
NRS 171.118 - Execution of warrant and service of summons: Territorial limits.
NRS 171.1225 - Peace officer to provide information to suspected victims of domestic violence.
NRS 171.1231 - Arrest if probable cause appears.
NRS 171.1232 - Search to ascertain presence of dangerous weapon; seizure of weapon or evidence.
NRS 171.1233 - Recording of law enforcement activity.
NRS 171.124 - Arrest by peace officer or officer of Drug Enforcement Administration.
NRS 171.1245 - Arrest by agent of Federal Bureau of Investigation or Secret Service.
NRS 171.1257 - Arrest by postal inspector of United States Postal Inspection Service.
NRS 171.126 - Arrest by private person.
NRS 171.132 - Person making arrest may summon assistance.
NRS 171.136 - When arrest may be made.
NRS 171.137 - Arrest required for suspected battery constituting domestic violence; exceptions.
NRS 171.1375 - Arrest of person suspected of battery upon certain persons.
NRS 171.138 - Breaking open door or window: Making arrest.
NRS 171.142 - Breaking open door or window: Upon detention after making arrest.
NRS 171.144 - Breaking open door or window: Retaking person arrested.
NRS 171.1455 - Use of deadly force to effect arrest: Limitations.
NRS 171.146 - Weapon may be taken from person arrested.
NRS 171.148 - Warrant of arrest by telegram authorized.
NRS 171.153 - Right of person arrested to make telephone calls.
NRS 171.1536 - Arrest of person with communications disability: Interpreter to be made available.
NRS 171.1537 - Arrest of person with disability: Right to communicate by mail or telephone.
NRS 171.158 - Arrests within this State by foreign officers; hearing before magistrate.
NRS 171.162 - Duty of Secretary of State.
NRS 171.172 - When officer may arrest.
NRS 171.174 - Procedure after arrest.
NRS 171.177 - When person detained must be taken before magistrate.
NRS 171.1771 - Issuance of citation when person detained by peace officer.
NRS 171.1772 - Issuance of citation after arrest by private person.
NRS 171.1773 - Form and contents of citation: When person detained by peace officer.
NRS 171.1774 - Form and contents of citation: When issued after arrest by private person.
NRS 171.1777 - Issued citations: Audit of records.
NRS 171.1778 - Citation filed with court deemed complaint for purpose of prosecution.
NRS 171.1779 - NRS 171.177 to 171.1779, inclusive, not applicable to violations of traffic laws.
NRS 171.178 - Appearance before magistrate; release from custody by arresting officer.
NRS 171.182 - Proceedings before another magistrate.
NRS 171.184 - Proceedings upon complaint for offenses triable in another county.
NRS 171.1845 - Proceedings upon discovery of another arrest warrant outstanding in another county.
NRS 171.186 - Rights of defendant before preliminary examination.
NRS 171.188 - Procedure for appointment of attorney for indigent defendant.
NRS 171.192 - Certification of bail; discharge of defendant.
NRS 171.194 - Procedure when arrest for capital offense.
NRS 171.198 - Reporting testimony of witnesses.
NRS 171.204 - Exclusion of persons; exceptions.