AB 309 — Revises provisions relating to certain orders for protection against domestic violence. (BDR 3-885)

(ReprintedAssembly withBill amendmentsNo. adopted on April 21, 2025) FIRST REPRINT A.B.

309309–Assemblymembers AHardy, SSEMBLYHibbetts; BILL NO .

309–ASSEMBLYMEMBERSGoulding, HARDYHafen, ,Koenig, IBBETTSTorres-Fossett ;and Yurek Joint Sponsors:

GSenators OULDINGBuck ,and AFENSteinbeck ,CHAPTER.......... KOENIG , ORRES -FOSSETT AND Y UREK FEBRUARY 27, 2025 ____________ JOINT SPONSORS :

ENATORS B UCK AND STEINBECK ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to certain orders for protection against domestic violence.

(BDR 3-885) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

and (2) provides that an extended order for protection against domestic violence may only beexisting grantedlaw, afterif noticea tocourt thegrants adversea partytemporary andorder afor hearingprotection onagainst domesticder violence against an alleged perpetrator of domestic violence who is in custody at the application.time the court grants the order:

Under existing law, if a court grants a temporary order for protection against domestic the time the court grants the order:

and (2) if such an order is received by the facility holding the alleged perpetrator while the alleged perpetrator is still in custody, the order must be served upon the alleged perpetrator beforebefoSection the1 of this bill requires that certain temporary orders for protection against domestic violence served upon an alleged perpetrator who is releasedin fromcustody advise the facility.person that if the person is still in custody on the date of the hearing on the application for an extended order for protection against domestic violence, the person may contest the application by filing a written response with the court which consists solely of a statement indicating whether the person contests the issuance of an extended order.

(NRS 33.020) Section 1 ofalso this bill requires that certainsuch temporary orders fornotify protectionthe againstthe domestictemporary violenceorder servedand uponthe anperson alleged perpetrator who is still in custody on the date of the hearing on in the application for an extended order for protection against domestic violence, the on person may contest the application by filing a written response with the court whichmay: consists solely of a statement indicating whether the person contests the issuance of an extended order.

Section 1 also requires that such temporary orders notify the person that if the person does not file a written response within the time specified in the temporary order and the person is still in custody on the date of the hearing on - *AB309_R1* – 2 – the application for an extended order for protection against domestic violence, the court may:

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

- 83rd Session (2025) – 2 – (c) Prohibit the adverse party from entering the residence, school or place of employment of the applicant or minor child and order the adverse party to stay away from any specified place frequented regularly by them;

(d)temporary Ifcustody itof hasthe jurisdictionminor underchild chapterto 125Athe ofapplicant;S, NRS, grant temporary(e) custodyEnjoin the adverse party from physically injuring, threatening to injure or taking possession of any animal that is owned or kept by the applicant or minor childchild, toeither thedirectly applicant;or through an agent;

(e) Enjoin the adverse party from physically injuring, threatening to injure or taking possession of any animal that is owned or kept by the applicant or minor child, either directly or through an agent;

(2) Pay rent or make payments on a mortgage on the applicant’sapplica(3) placePay for the support of residence;the applicant or minor child, including, without limitation, support of a minor child for whom a guardian has been appointed pursuant to chapter 159A of NRS or a minor child who has been placed in protective custody pursuant to chapter 432B of NRS, if the adverse party is found to have a duty to support the applicant or minor child;

(3) Pay for the support of the applicant or minor child, including, without limitation, support of a minor child for whom a guardian has been appointed pursuant to chapter 159A of NRS or a - *AB309_R1* – 3 – minor child who has been placed in protective custody pursuant to chapter 432B of NRS, if the adverse party is found to have a duty to support the applicant or minor child;

The appeal may be taken without- bond,83rd butSession its(2025) taking– does3 not– stay the effect or enforcement of the order.

but its taking does not stay the effect or enforcement 4.

(I) A concentration of alcohol of 0.08 or more in the person’s blood or breath;

orn of alcohol of 0.08 or more in the (II) 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.

(1) Be filed with the court not later than 14 calendar days after the date on which the incarcerated adverse party receives - *AB309_R1* – 4 – service of the temporary order for protection at the facility where the incarcerated adverse party is in custody;

at the facility where (2) Consist solely of a statement indicating whether the incarcerated adverse party contests the issuance of an extended order;(3)order; Be filed with the court in accordance with the procedures established by the facility where the incarcerated adverse party is in custody.

(b)and Notify(3) theBe incarceratedfiled adversewith party that if the incarceratedcourt adversein partyaccordance doeswith not file the writtenprocedures responseestablished describedby in paragraph (a) within 14 calendar days after the datefacility onwhere which the incarcerated adverse party receivesis servicein ofcustody. the temporary order for protection, the court may:

(b) Notify the incarcerated adverse party that if the incarcerated adverse party does not file the written response - 83rd Session (2025) – 4 – on which the incarcerated adverse party receives service of thete temporary order for protection, the court may:

H~~~~~ 25 - *AB309_R1*83rd Session (2025)