Eighth Judicial Court Rules

Rule 5.22 – Domestic violence; protection orders.

Rule 5.22. Domestic violence; protection orders.

  • (a) This rule governs all requests for temporary and extended protection orders against domestic violence under NRS 33.017 et seq.

    (b) The standard of proof for the issuance of a temporary (TPO) or extended protection order pursuant to NRS 33.020(1) is “to the satisfaction of the court.” This contemplates a lesser standard than a preponderance of the evidence and is equivalent to a reasonable cause or probable cause standard.

    (c) Due to the exigent nature of the TPO, the application and order for the extension of the TPO must be served no later than 24 hours prior to the scheduled hearing date.

    (d) An application requesting an extended protection order must be based upon an affidavit setting forth specific facts within the affiant’s personal knowledge which justify the issuance of such an order.

    (e) If the application for an extended protection order contains a request for spousal or child support, the applicant must file a financial affidavit on a form approved by the court.

    (f) No extended protection order may be renewed beyond the statutory maximum period nor may a new extended protection order be granted based upon the filing of a new application which does not contain a new and distinct factual basis for the issuance of an order.

    (g) The court may appoint one or more full-time or part-time family division masters and alternates to serve as domestic violence commissioners. Interim orders signed by the domestic violence commissioner are effective upon issuance subject to approval by the assigned district court judge. A duly-appointed domestic violence commissioner has the authority to:

    (1) Review applications for temporary and extended protection orders against domestic violence.

    (2) Schedule and hold contempt hearings for alleged violations of temporary and extended protection orders; recommend a finding of contempt; and recommend the appropriate sanction subject to approval by the assigned district court judge.

    (3) Recommend a sanction upon a finding of contempt in the presence of the court subject to approval of the assigned district court judge.

    (4) Issue, extend, modify, or dissolve protection orders against domestic violence under NRS 33.030.

    (5) Perform other duties as directed by the assigned district court judge.

    (h) A Family Division Master or domestic violence alternate shall have the power to issue TPO’s against domestic violence pursuant to NRS 33.020(5). However, any emergency temporary protection order issued by telephone by a Family Division Master or domestic violence alternate, under this section, must be set for hearing within one week of issuance by the Family Division Master or domestic violence alternate on the court’s calendar.

    (i) The interim orders, modifications or dissolutions, and recommendations pursuant to decision by the domestic violence commissioner shall be in full force and effect until further order of the assigned district court judge irrespective of any post decision motion which may be filed between the rendering of the decision and further order of the court.

    (j) In determining whether or not to issue an ex parte TPO pursuant to NRS 33.020, the assigned district court judge or the domestic violence commissioner may take steps to verify the written information provided by the applicant. This verification may include contacting Child Protective Services to determine whether a case is under investigation by that agency and involving either party. Child Protective Services or other agencies may be requested to attend the protection order hearing. Prior domestic violence history of either party may also be researched using criminal justice resources.

    (k) When a TPO case and a domestic case have been filed, the domestic violence commissioner will hear the extended protection order matter and related issues, unless a motion has been filed in the domestic case. After a motion is filed and heard by the assigned judge of record, all subsequent protection order filings and all other issues will be heard by that judge until final determination of the domestic case. After the final resolution of the domestic case, the judge of record will determine whether to hear any subsequent protection order filings.

    If a domestic case is active, an interim order made by the domestic violence commissioner, other than the protection order determination, will remain in effect for 60 days subject to approval by the assigned judge of record. If there has not been a domestic case filed, any interim order may remain in effect for the life of the protection order unless a subsequent modification is made by the assigned judge.

    Exception: When a motion is filed in a domestic case after the initial TPO has been granted and a hearing has already been set in the TPO court, the domestic violence commissioner may make interim orders on “emergency” matters at the time set for the extended protection order hearing.

    Exception: The domestic violence commissioner must bring all TPO cases to the attention of the assigned judge of record before taking any action. The assigned judge may then decide to hear any temporary protection order or extended protection order matter. The assigned judge may also direct that the domestic violence commissioner hear any temporary protection order or extended protection order matter and related issues, if there has been little or no recent activity in the domestic case.

    (l) The assigned district court judge or domestic violence commissioner may, pursuant to its discretion, waive the requirements of Rule 5.02 sua sponte or at the request of either party.

    (m) A party may object to the domestic violence commissioner’s recommendation, in whole or in part, by filing a written objection within 10 days after the decision in the matter.

    (1) If the objecting party was not present at the hearing, the 10 day objection period will begin upon the written or personal service of the extended protection order on that party.

    (2) The domestic violence commissioner’s recommendation would remain in effect until the objection is heard. A copy of the written objection must be served on the other party. If the other party’s address is confidential, service may be made on the protection order office for service on the other party. At the hearing on the objection, the assigned district court judge will review the matter and set aside only those recommendations that are found to be “clearly erroneous.”

    (n) The applicant may be ordered to pay all costs and fees incurred by the adverse party if by clear and convincing evidence it is proven that the applicant knowingly filed a false or intentionally misleading affidavit.

    [Amended; effective August 21, 2000.]