§ 33.270 — Requirements for issuance of temporary or extended order; expiration; right to challenge temporary order; award of costs and attorney’s fees to prevailing party; interlocutory appeal of extended order

1. The court may issue a temporary order for protection against harassment in the workplace if it appears to the satisfaction of the court from specific facts shown by a verified application filed pursuant to NRS 33.250 that harassment in the workplace has occurred.
2. Except as otherwise provided in subsection 4, a temporary order for protection against harassment in the workplace must not be issued without notice to the person who allegedly committed the harassment. A temporary order for protection against harassment in the workplace must not be issued without the giving of security by the employer in an amount determined by the court to be sufficient to pay for such costs and damages as may be incurred or suffered by the person who allegedly committed the harassment if the person who allegedly committed the harassment is found to have been wrongfully enjoined or restrained.
3. The court may require the employer or the person who allegedly committed the harassment, or both, to appear before the court before determining whether to issue the temporary order for protection against harassment in the workplace.
4. A court may issue a temporary order for protection against harassment in the workplace without written or oral notice to the person who allegedly committed the harassment or the person’s attorney only if:
(a) A verified application is accompanied by an affidavit that contains specific facts which clearly show that immediate and irreparable injury, loss or damage will result to the employer, an employee of the employer while the employee performs the duties of the employee’s employment or a person who is present at the workplace of the employer before the person who allegedly committed the harassment or the person’s attorney can be heard in opposition; and
(b) The employer and the employer’s attorney, if any, set forth in the affidavit:
(1) The efforts, if any, that have been made to give notice to the person who allegedly committed the harassment; and
(2) The facts supporting waiver of notice requirements.
5. A temporary order for protection against harassment in the workplace that is granted, with or without notice, must expire not later than 15 days after the date on which the order is issued, unless extended pursuant to subsections 6 and 7.
6. If a temporary order for protection against harassment in the workplace is granted, with or without notice, the employer or the employer’s authorized agent may apply for an extended order for protection against harassment in the workplace by filing a verified application for an extended order for protection against harassment in the workplace. If such an application is filed, the temporary order remains in effect until the hearing on the application for an extended order is held. The application must:
(a) In addition to the information required by subsection 2 of NRS 33.250 , set forth the facts that provide the basis for granting an extended order for protection against harassment in the workplace;
(b) Be filed before the expiration of the temporary order for protection against harassment in the workplace;
(c) Be heard as soon as reasonably possible and not later than 10 days after the date on which the application is filed with the court unless the court determines that there are compelling reasons to hold the hearing at a later date; and
(d) Be dismissed if the court finds that the temporary order for protection against harassment in the workplace which is the basis of the application has been dissolved or has expired.
7. At the hearing on an application filed pursuant to subsection 6, the employer must present evidence sufficient to support the granting of the application for an extended order for protection against harassment in the workplace. At the hearing, the court may:
(a) Dissolve or modify the temporary order for protection against harassment in the workplace; or
(b) Grant an extended order for protection against harassment in the workplace.
8. If granted, an extended order for protection against harassment in the workplace expires within such time, not to exceed 1 year, as the court fixes.
9. Upon 2 days’ notice to an employer who obtained a temporary order for protection against harassment in the workplace without notice or on such shorter notice to the employer as the court may prescribe, the person who allegedly committed the harassment may appear and move the dissolution or modification of the temporary order for protection against harassment in the workplace. Upon the filing of such a motion, the court shall proceed to hear and determine the motion as expeditiously as the ends of justice require. At the hearing, the court may dissolve, modify or extend the order.
10. The court may award costs and reasonable attorney’s fees to the prevailing party in a matter brought pursuant to this section.
11. If a court issues an extended order for protection against harassment in the workplace, an interlocutory appeal lies to the district court, which may affirm, modify or vacate the order in question. The appeal may be taken without bond, but its taking does not stay the effect or enforcement of the order.

Legislative History

(Added to NRS by 2001, 2844 ; A 2005, 955 )