A victim of domestic violence can obtain a restraining order prohibiting his/her aggressor from performing specific acts. If a victim of the nonconsensual publication of private, intimate images has a relationship as specified in Nev. Rev. Stat. § 33.018(1) with the person who published the images, s/he may seek a domestic violence restraining order against the person on harassment grounds. Upon the Court’s determination, obtaining such an order may also entitle the victim to child and/or spousal support from the adverse party while the restraining order is in effect.1
Text of Statute
Nev. Rev. Stat. § 33.018
“1. Domestic violence occurs when a person commits one of the following acts against or upon the person’s spouse or former spouse, any other person to whom the person is related by blood or marriage, any other person with whom the person is or was actually residing, any other person with whom the person has had or is having a dating relationship, any other person with whom the person has a child in common, the minor child of any of those persons, the person’s minor child or any other person who has been appointed the custodian or legal guardian for the person’s minor child:
(a) A battery.
(b) An assault.
(c) Compelling the other person by force or threat of force to perform an act from which the other person has the right to refrain or to refrain from an act which the other person has the right to perform.
(d) A sexual assault.
(e) A knowing, purposeful or reckless course of conduct intended to harass the other person. Such conduct may include, but is not limited to:
(5) Destruction of private property.
(6) Carrying a concealed weapon without a permit.
(7) Injuring or killing an animal.
(f) A false imprisonment.
(g) Unlawful entry of the other person’s residence, or forcible entry against the other person’s will if there is a reasonably foreseeable risk of harm to the other person from the entry.”2
Nev. Rev. Stat. § 33.020
“1. If it appears to the satisfaction of the court from specific facts shown by a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence, the court may grant a temporary or extended order. A temporary or extended order must not be granted to the applicant or the adverse party unless the applicant or the adverse party has requested the order and has filed a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence.”3
Nev. Rev. Stat. § 33.030
“1. The court by a temporary order may:
(a) Enjoin the adverse party from threatening, physically injuring or harassing the applicant or minor child, either directly or through an agent;
(b) Exclude the adverse party from the applicant’s place of residence;
(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) If it has jurisdiction under chapter 125A of NRS, grant temporary custody of the minor child to the applicant;
(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;
(f) Enjoin the adverse party from physically injuring or threatening to injure any animal that is owned or kept by the adverse party, either directly or through an agent; and
(g) Order such other relief as it deems necessary in an emergency situation.”4
Research is ongoing.
The court may also order the adverse party to pay the victim’s costs and fees, as well as any lost earnings and expenses incurred as a result of bringing the action.5
A victim seeking a domestic violence restraining order may also bring “any other available civil or criminal action” against the adverse party.6
See Nev. Rev. Stat. §§ 33.030 and 33.035(1). ↩
Nev. Rev. Stat. Ann. § 33.018 (LexisNexis 2011). ↩
Nev. Rev. Stat. Ann. § 33.020 (LexisNexis 2011). ↩
Nev. Rev. Stat. Ann. § 33.030 (LexisNexis 2011). ↩
Nev. Rev. Stat. Ann. § 33.030(2)(c)(5) (LexisNexis 2011). ↩
Nev. Rev. Stat. Ann. § 33.040 (LexisNexis 2011). ↩