1 2 Case No. ____________________ Dept. No.____________________ 3 IN THE JUSTICE COURT OF _____________ TOWNSHIP 4 COUNTY OF __________________, STATE OF NEVADA 5 _____________________________________, ) Applicant, ) ) 7 ) ) vs. 8 ) ) 9 _____________________________________, ) Adverse Party. 6 10 12 14 15 16 17 18 19 20 21 22 23 Date Issued: _____________________ Expiration Date: [ ] ________________, unless otherwise ordered by the Court [ ] 30 days from the date of service, unless otherwise ordered by the Court 11 13 TEMPORARY ORDER FOR PROTECTION AGAINST STALKING, AGGRAVATED STALKING, OR HARASSMENT (NRS 200.591) YOU, THE ADVERSE PARTY, ARE HEREBY NOTIFIED THAT ANY INTENTIONAL VIOLATION OF THIS ORDER IS A CRIMINAL VIOLATION and can result in your immediate arrest or issuance of an arrest warrant. Unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order, a violation of a Temporary Order for Protection Against Stalking, Aggravated Stalking or Harassment is a gross misdemeanor which is punishable by imprisonment in the county jail for not more than one (1) year, or by a fine of not more than $2,000, or both. PURSUANT TO NRS 193.166, if the act that constitutes the violation of a protection order is itself a felony, the violator shall, in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years. YOU ARE FURTHER NOTIFIED that you CAN BE ARRESTED even if the person who obtained the order invites or allows you to contact them. You have the sole responsibility to avoid or refrain from violating the terms of this order. Only the Court can change the order upon written application. This order meets the Full Faith and Credit provisions of the Violence Against Women Act and is enforceable in all 50 states, the District of Columbia, U.S. Territories and Indian Nations. All other Courts and law enforcement with jurisdiction within the United States and all Indian Nations shall give full faith and credit to this order pursuant to 18 U.S.C. Sec. 2265. Violation of the order may subject you to federal charges and punishment pursuant to 18 U.S.C. Sec. 2261(a)(1) and (2) and 2262(a)(1) and (2). 24 25 Form A-8 Temporary Order for Protection Against Stalking, Aggravated Stalking or Harassment ©2007 Nevada Supreme Court Revised July 27, 2007 Page 1 of 4 1 An Application for an order pursuant to NRS 200.591 having been filed by the above- 2 named Applicant(s), and the Court having reviewed said Application, and the Court having 3 jurisdiction over the parties and the subject matter, and it appearing sufficient representations 4 have been made that you, the Adverse Party, have committed and/or are committing and/or 5 remain a threat to commit the offense(s) of stalking, aggravated stalking, or harassment, and 6 good cause appearing. YOU ARE HEREBY ORDERED as follows: 7 YOU ARE PROHIBITED, either directly or through an agent, from contacting, 8 intimidating, using, attempting to use, or threatening the use of physical force, or otherwise 9 interfering in any way with the Applicant and/or the following persons: 10 ___________________________________________________________________________ 11 ___________________________________________________________________________ 12 ___________________________________________________________________________ 13 including, but not limited to, in person, by telephone, through the mail, through electronic 14 mail (e-mail), facsimile (fax), or through another person. 15 1. ͕ 16 YOU ARE ORDERED to stay away from the following places: ͕ Residence(s): _____________________________________ 17 _________________________________________________ ͕ 18 Place(s) of Employment (Name & Address): _____________ __________________________________________________ 19 ͕ 20 School(s) (Name & Address): _________________________ __________________________________________________ 21 ͕ 22 __________________________________________________ 23 24 25 Other Locations Frequented (Name & Address): __________ 2. ͕ YOU ARE FURTHER ORDERED: _________________________ _________________________________________________________ Form A-8 Temporary Order for Protection Against Stalking, Aggravated Stalking or Harassment ©2007 Nevada Supreme Court Revised July 27, 2007 Page 2 of 4 1 2 UNLESS THE COURT ORDERS OTHERWISE, THIS ORDER WILL REMAIN IN EFFECT: 3 ͕ ͕ UNTIL 11:59 P.M. ON THE DATE SET FORTH ON PAGE 1 ͕ 9 THIS ORDER REMAINS IN EFFECT UNTIL THE HEARING WHICH IS SCHEDULED FOR ________________. 10 If an application for an Extended Order is filed within the effective period of this 11 Temporary Order, this Temporary Order will remain in effect until the hearing on an 12 Extended Order is held. 13 4. 14 you will not be admitted to bail sooner than 12 hours after your arrest if: 4 5 6 7 8 FOR 30 DAYS AFTER THIS ORDER IS SERVED. IF THIS ORDER IS NOT SERVED WITHIN 30 DAYS OF ISSUANCE, THIS ORDER WILL EXPIRE BY ITS OWN TERMS, AND A NEW APPLICATION FOR AN ORDER MUST BE FILED IF PROTECTION IS NEEDED. YOU ARE HEREBY NOTIFIED THAT if you are arrested for violating this order, (a) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm; (b) You have previously violated a temporary or extended order for protection; or (c) At the time of the violation or within 2 hours after the violation, you have: (1) A concentration of alcohol of 0.08 or more in your blood or breath; or (2) An amount of a prohibited substance in your blood or urine that is equal to or greater than the amount set forth in subsection 3 of NRS 484.379. 15 16 17 18 19 5. 20 Order together with the application, to the _______________________________ County 21 22 IT IS FURTHER ORDERED that the Clerk of the Court shall transmit a copy of this Sheriff’s Office and/or the Constable and/or any other appropriate law enforcement agency. IT IS FURTHER ORDERED that said law enforcement agency/process server will promptly 23 24 25 attempt to serve this Order and the application upon the Adverse Party, without charge to the Applicant, and upon service file a return of service with the Court by the end of the next business day after service is made. Form A-8 Temporary Order for Protection Against Stalking, Aggravated Stalking or Harassment ©2007 Nevada Supreme Court Revised July 27, 2007 Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 _____ IT IS FURTHER ORDERED that a hearing on the issuance of an Extended Order is set in Department _____ at: __________ ___.m. on the _______________ day of _____________________________, 20_____. THIS TEMPORARY ORDER REMAINS IN EFFECT UNTIL THE HEARING ON THE EXTENDED ORDER HAS BEEN HELD. YOU and YOUR witnesses may approach and enter the Courthouse to attend the hearing but must stay away from Applicant and Applicant’s witnesses while approaching, leaving, and within the Courthouse. IF AN EARLIER HEARING DATE IS REQUIRED, THE ADVERSE PARTY MAY APPLY TO THE ABOVE COURT FOR RELIEF. NOTICE TO LAW ENFORCEMENT Any law enforcement officer, with or without a warrant, may arrest and take into custody the Adverse Party, when the law enforcement officer has probable cause to believe that (a) an Order has been issued pursuant to NRS 200.591 against the Adverse Party; (b) the Adverse Party has been served with a copy of the Order; and (c) the Adverse Party is acting or has acted in violation of the Order. This arrest may occur regardless of whether the violation occurred in the officer’s presence. 14 Any law enforcement agency in this state may enforce a Court Order issued 15 pursuant to NRS 200.591 without regard to the county in which the Order is issued. 16 IT IS SO ORDERED this ________ day of _____________, 20_____. 17 _______________________________________ Judge 18 19 20 21 22 23 PROOF OF SERVICE UPON ADVERSE PARTY I, the undersigned, personally served the Adverse Party above named with a copy of this Temporary Order Against Stalking, Aggravated Stalking or Harassment on the date set forth below. _______________________________ Signature _________________________ _______________________________ Date of Service Print Name 24 25 Form A-8 Temporary Order for Protection Against Stalking, Aggravated Stalking or Harassment ©2007 Nevada Supreme Court Revised July 27, 2007 Page 4 of 4