1. The court may issue a temporary order for protection against harassment in the workplace if it appears to the satisfaction of the court from specific facts shown by a verified application filed pursuant to NRS 33.250 that harassment in the workplace has occurred.
2. Except as otherwise provided in subsection 4, a temporary order for protection against harassment in the workplace must not be issued without notice to the person who allegedly committed the harassment. A temporary order for protection against harassment in the workplace must not be issued without the giving of security by the employer in an amount determined by the court to be sufficient to pay for such costs and damages as may be incurred or suffered by the person who allegedly committed the harassment if the person who allegedly committed the harassment is found to have been wrongfully enjoined or restrained.
3. The court may require the employer or the person who allegedly committed the harassment, or both, to appear before the court before determining whether to issue the temporary order for protection against harassment in the workplace.
4. A court may issue a temporary order for protection against harassment in the workplace without written or oral notice to the person who allegedly committed the harassment or the person’s attorney only if:
(a) A verified application is accompanied by an affidavit that contains specific facts which clearly show that immediate and irreparable injury, loss or damage will result to the employer, an employee of the employer while the employee performs the duties of the employee’s employment or a person who is present at the workplace of the employer before the person who allegedly committed the harassment or the person’s attorney can be heard in opposition; and
(b) The employer and the employer’s attorney, if any, set forth in the affidavit:
(1) The efforts, if any, that have been made to give notice to the person who allegedly committed the harassment; and
(2) The facts supporting waiver of notice requirements.
5. A temporary order for protection against harassment in the workplace that is granted, with or without notice, must expire not later than 15 days after the date on which the order is issued, unless extended pursuant to subsections 6 and 7.
6. If a temporary order for protection against harassment in the workplace is granted, with or without notice, the employer or the employer’s authorized agent may apply for an extended order for protection against harassment in the workplace by filing a verified application for an extended order for protection against harassment in the workplace. If such an application is filed, the temporary order remains in effect until the hearing on the application for an extended order is held. The application must:
(a) In addition to the information required by subsection 2 of NRS 33.250, set forth the facts that provide the basis for granting an extended order for protection against harassment in the workplace;
(b) Be filed before the expiration of the temporary order for protection against harassment in the workplace;
(c) Be heard as soon as reasonably possible and not later than 10 days after the date on which the application is filed with the court unless the court determines that there are compelling reasons to hold the hearing at a later date; and
(d) Be dismissed if the court finds that the temporary order for protection against harassment in the workplace which is the basis of the application has been dissolved or has expired.
7. At the hearing on an application filed pursuant to subsection 6, the employer must present evidence sufficient to support the granting of the application for an extended order for protection against harassment in the workplace. At the hearing, the court may:
(a) Dissolve or modify the temporary order for protection against harassment in the workplace; or
(b) Grant an extended order for protection against harassment in the workplace.
8. If granted, an extended order for protection against harassment in the workplace expires within such time, not to exceed 1 year, as the court fixes.
9. Upon 2 days’ notice to an employer who obtained a temporary order for protection against harassment in the workplace without notice or on such shorter notice to the employer as the court may prescribe, the person who allegedly committed the harassment may appear and move the dissolution or modification of the temporary order for protection against harassment in the workplace. Upon the filing of such a motion, the court shall proceed to hear and determine the motion as expeditiously as the ends of justice require. At the hearing, the court may dissolve, modify or extend the order.
10. The court may award costs and reasonable attorney’s fees to the prevailing party in a matter brought pursuant to this section.
11. If a court issues an extended order for protection against harassment in the workplace, 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.
(Added to NRS by 2001, 2844; A 2005, 955)
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.