Court may impose temporary or extended order to restrict conduct of alleged perpetrator, defendant or convicted person; penalty for violation of order; dissemination of order.
1. A person who reasonably believes that the crime of stalking, aggravated stalking or harassment is being committed against him by another person may petition any court of competent jurisdiction for a temporary or extended order directing the person who is allegedly committing the crime to:
(a) Stay away from the home, school, business or place of employment of the victim of the alleged crime and any other location specifically named by the court.
(b) Refrain from contacting, intimidating, threatening or otherwise interfering with the victim of the alleged crime and any other person, including a member of the family or the household of the victim, specifically named by the court.
2. If a defendant charged with a crime involving harassment, stalking or aggravated stalking is released from custody before trial or is found guilty at the trial, the court may issue a temporary or extended order or provide as a condition of the release or sentence that the defendant:
(a) Stay away from the home, school, business or place of employment of the victim of the alleged crime and any other location specifically named by the court.
(b) Refrain from contacting, intimidating, threatening or otherwise interfering with the victim of the alleged crime and any other person, including a member of the family or the household of the victim, specifically named by the court.
3. A temporary order may be granted with or without notice to the adverse party. An extended order may be granted only after notice to the adverse party and a hearing on the petition.
4. If an extended order is issued by a justice’s court, 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.
5. Any person who intentionally violates:
(a) A temporary order is guilty of a gross misdemeanor.
(b) An extended order is guilty of a category C felony and shall be punished as provided in NRS 193.130.
6. Any court order issued pursuant to this section must:
(a) Be in writing;
(b) Be personally served on the person to whom it is directed; and
(c) Contain the warning that violation of the order:
(1) Subjects the person to immediate arrest.
(2) Is a gross misdemeanor if the order is a temporary order.
(3) Is a category C felony if the order is an extended order.
Last modified: February 25, 2006