Existing law: (1) authorizes a court to grant a temporary order for protection against domestic violence with or without notice to the adverse party; and (2) provides that an extended order for protection against domestic violence may only be granted after notice to the adverse party and a hearing on the application. Under existing law, if a court grants a temporary order for protection against domestic violence against an alleged perpetrator of domestic violence who is in custody at the time the court grants the order: (1) upon approval of the court, the signed order may be transmitted to the facility holding the alleged perpetrator; 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 before the alleged perpetrator is released from the facility. (NRS 33.020)
Section 1 of this bill requires that certain temporary orders for protection against domestic violence served upon an alleged perpetrator who is in custody advise the 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 an affidavit with the court which states the reasons why the court should not grant the extended order. Section 1 also requires that such temporary orders notify the person that if the person does not file an affidavit within the time specified in the temporary order and 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 court may: (1) hold the hearing in the absence of the incarcerated person; and (2) grant the extended order without further input from the incarcerated person.