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
(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.
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 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 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 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.
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.
(Added to NRS by 2001, 2127; A 2019, 2833)
Structure Nevada Revised Statutes
Chapter 33 - Injunctions; Protection Orders
NRS 33.010 - Cases in which injunction may be granted.
NRS 33.015 - Injunction to restrain unlawful act against witness or victim of crime.
NRS 33.018 - Acts which constitute domestic violence; exceptions.
NRS 33.019 - Masters: Appointment; qualifications; powers and duties.
NRS 33.030 - Contents of order; interlocutory appeal.
NRS 33.070 - Inclusion in order of requirement of arrest; verification of notice to adverse party.
NRS 33.100 - Penalty for intentional violation of order.
NRS 33.116 - "Adverse party" defined.
NRS 33.119 - "Canadian domestic-violence protection order" defined.
NRS 33.122 - "Domestic protection order" defined.
NRS 33.125 - "Issuing court" defined.
NRS 33.128 - "Law enforcement officer" defined.
NRS 33.131 - "Person" defined.
NRS 33.134 - "Protected person" defined.
NRS 33.137 - "Record" defined.
NRS 33.140 - "Tribunal" defined.
NRS 33.143 - Enforcement of Canadian domestic-violence protection order by law enforcement officer.
NRS 33.146 - Other enforcement of Canadian domestic-violence protection order.
NRS 33.155 - Uniformity of application and construction.
NRS 33.158 - Relation to Electronic Signatures in Global and National Commerce Act.
NRS 33.210 - "Employee" defined.
NRS 33.220 - "Employer" defined.
NRS 33.230 - "Order for protection against harassment in the workplace" defined.
NRS 33.240 - Acts that constitute harassment in workplace.
NRS 33.250 - Verified application for temporary order; contents of application.
NRS 33.260 - Notice of intent to seek order to be provided to known target of harassment.
NRS 33.290 - Order does not preclude other action.
NRS 33.330 - Immunity for certain persons who enforce or refuse to enforce order.
NRS 33.350 - Penalty for intentional violation of order.
NRS 33.360 - Limitations on effect of provisions.
NRS 33.420 - Duration of orders; dissolution or modification of temporary order.
NRS 33.510 - "Adverse party" defined.
NRS 33.520 - "Emergency order" defined.
NRS 33.530 - "Extended order" defined.
NRS 33.540 - "Family or household member" defined.
NRS 33.550 - Acts that constitute high-risk behavior.
NRS 33.590 - Contents of emergency or extended order.
NRS 33.600 - Requirements for surrender of firearm in possession of adverse party.
NRS 33.610 - Duty of court to assist parties.
NRS 33.630 - Arrest of person who violates order; verification of notice to adverse party.