Nevada Revised Statutes 33.146 – Other enforcement of Canadian domestic-violence protection order
1. A tribunal may issue an order enforcing or refusing to enforce a Canadian domestic-violence protection order on application of:
Terms Used In Nevada Revised Statutes 33.146
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
(a) A person authorized by the laws of this State, other than NRS 33.110 to 33.158, inclusive, to seek enforcement of a domestic protection order; or
(b) An adverse party.
2. In a proceeding under subsection 1, the tribunal shall follow the procedures of this State for the enforcement of a domestic protection order. An order entered under this section is limited to the enforcement of the terms of the Canadian domestic-violence protection order.
3. A Canadian domestic-violence protection order is enforceable under this section if:
(a) The order identifies the parties;
(b) The order is valid and has not expired;
(c) The issuing court had jurisdiction over the parties and the subject matter under the laws of the jurisdiction of the issuing court; and
(d) The adverse party was given reasonable notice and an opportunity to be heard before the order was issued or, in the case of an ex parte order, the adverse party was given reasonable notice and had or will have an opportunity to be heard within a reasonable time after the order was issued and, in any event, in a manner consistent with the right of the adverse party to due process.
4. A Canadian domestic-violence protection order valid on its face is prima facie evidence of enforceability under this section.
5. A claim that a Canadian domestic-violence protection order does not comply with subsection 3 is an affirmative defense in a proceeding seeking enforcement of the order. If the tribunal determines that the order is not enforceable, the tribunal shall issue an order that the Canadian domestic-violence protection order is not enforceable under this section and NRS 33.143 and may not be registered pursuant to NRS 33.090.
6. If the Canadian domestic-violence protection order is a mutual order for protection against domestic violence and:
(a) No counter or cross-petition or other pleading was filed by the adverse party; or
(b) A counter or cross-petition or other pleading was filed and the court did not make a specific finding of domestic violence by both parties, the court shall refuse to enforce the order against the protected person and may determine whether to issue its own temporary or extended order.