Nevada Administrative Code Chapter 228 - Domestic Violence
Nevada Administrative Code (NAC)
Chapter 228 — Domestic Violence
Overview:
Chapter 228 governs the procedures, definitions, protections, and enforcement related to domestic violence in Nevada. The rules provide guidance for law enforcement, courts, service providers, and victims to ensure safety, legal protection, and accountability for offenders.
1. Definitions and General Provisions (NAC 228.010 – NAC 228.040)
Key points:
Defines key terms such as “domestic violence,” “victim,” “household member,” “protection order,” and “abuse.”
Clarifies which relationships qualify for domestic violence protections (e.g., spouses, former spouses, dating partners, cohabitants, or family members).
Establishes the role of law enforcement and courts in responding to domestic violence incidents.
Why it matters:
Clear definitions ensure consistent application of protections and help victims and officials understand who is covered under the law.
2. Protective Orders (NAC 228.050 – NAC 228.100)
Key points:
Victims may petition for a temporary or extended protective order to prevent further abuse.
Orders may include restraining the abuser from contact, removing firearms, and exclusive use of shared residences.
Procedures include filing petitions, court hearings, notice requirements, and emergency ex parte orders.
Violations of protective orders carry criminal and civil consequences.
Why it matters:
Protective orders are a primary tool for ensuring victim safety, giving the court authority to limit the abuser’s actions.
3. Law Enforcement Response (NAC 228.110 – NAC 228.150)
Key points:
Officers responding to domestic violence calls must assess immediate danger, separate the parties, and document evidence.
They may arrest offenders when probable cause exists, even if the victim does not consent.
Officers are required to inform victims of their rights, available services, and protective order procedures.
Detailed incident reports must be submitted to county prosecutors and law enforcement databases.
Why it matters:
Proper law enforcement response ensures immediate protection, legal accountability, and accurate documentation for potential prosecutions.
4. Services for Victims (NAC 228.160 – NAC 228.200)
Key points:
Victims have access to shelters, counseling, legal assistance, and advocacy services.
Rules guide confidentiality, eligibility, and coordination with law enforcement.
Programs may provide emergency relocation, safety planning, and support for children affected by domestic violence.
State and local agencies may apply for grants to fund domestic violence programs.
Why it matters:
Victim services help reduce harm, provide stability, and support recovery, making legal protections more effective.
5. Court Procedures and Hearings (NAC 228.210 – NAC 228.250)
Key points:
Courts conduct hearings on protective orders, custody, visitation, and related civil matters.
Judges may require evidence, testimony, or reports from law enforcement or social services.
Rules specify timelines for emergency orders, extensions, and appeals.
Courts may impose conditions on offenders, such as counseling or batterer intervention programs.
Why it matters:
Structured court procedures ensure fair, timely, and enforceable remedies while balancing the rights of both parties.
6. Reporting and Recordkeeping (NAC 228.260 – NAC 228.300)
Key points:
Law enforcement and courts must maintain records of domestic violence incidents, protective orders, and arrests.
Data collection includes demographics, incident type, response, and outcomes.
Records help monitor trends, evaluate program effectiveness, and comply with federal reporting requirements.
Confidentiality is maintained to protect victims and prevent retaliation.
Why it matters:
Accurate reporting supports policy development, enforcement oversight, and public safety improvements.
7. Training and Certification (NAC 228.310 – NAC 228.350)
Key points:
Law enforcement, court personnel, and service providers must complete training on domestic violence laws, victim dynamics, and risk assessment.
Training includes identifying strangulation, coercive control, and signs of abuse in children.
Agencies may certify staff for specialized domestic violence response roles.
Why it matters:
Proper training ensures competent, sensitive, and legally compliant handling of domestic violence cases.
8. Penalties and Enforcement (NAC 228.360 – NAC 228.390)
Key points:
Violations of protective orders, restraining orders, or criminal domestic violence statutes may result in fines, imprisonment, probation, or mandatory counseling.
Repeat offenders may face enhanced penalties or long-term supervision.
Enforcement may involve arrest warrants, law enforcement follow-up, and coordination with victim services.
Why it matters:
Penalties create deterrence, ensure compliance, and protect victims from continued harm.
✅ Summary of Key Rule Areas
| Rule Area | Main Purpose | Example “Case” |
|---|---|---|
| Definitions & General Provisions | Clarify roles and coverage | “Victim,” “household member,” “abuse” |
| Protective Orders | Prevent further abuse | Temporary restraining order, firearm removal |
| Law Enforcement Response | Immediate safety & documentation | Arrest, victim notification, evidence collection |
| Services for Victims | Support recovery & protection | Shelters, counseling, advocacy |
| Court Procedures & Hearings | Legal enforcement | Protective order hearings, conditions for offenders |
| Reporting & Recordkeeping | Data & compliance | Incident reports, confidentiality safeguards |
| Training & Certification | Competent response | Domestic violence identification, risk assessment |
| Penalties & Enforcement | Legal accountability | Fines, jail, probation, enhanced penalties |
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