Existing law provides that an order for protection against domestic violence issued by the court of another state, territory or Indian tribe within the United States 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. In enforcing such an order, a law enforcement officer is required to make an arrest for a violation of the order in the same manner that an 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. In enforcing such an order, a law enforcement officer is authorized to rely on certain evidence. (NRS 33.085) This bill expands the type of evidence upon which a law enforcement officer may rely to include: (1) a hard copy or digital image of an order for protection against domestic violence that has been provided to the officer; and (2) any statement by the person against whom the order is being enforced. This bill also creates a process for law enforcement, when an otherwise valid order for protection against domestic violence issued by the court of another state, territory or Indian tribe within the United States cannot be enforced because the respondent has not been notified or served with the order, to provide notice, attempt service and give reasonable opportunity for compliance before enforcing the order.

Statutes affected:
As Introduced: 33.085
BDR: 33.085