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AB 309

Revises provisions relating to certain orders for protection against domestic violence. (BDR 3-885)

2025 Regular Session Introduced by Carrie Buck and 8 co-sponsors

Incarcerated respondents must file a simple written contest if they oppose an extended protection order, within 14 days of service, or hearings may proceed in their absence.

Approved by the Governor. Chapter 136.
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Bill Summary · AB 309

AB 309 — Summary (Chapter 136, Statutes of 2025)

Main purpose

AB 309 amends Nevada’s protection-order statute (NRS 33.030) to clarify and streamline how incarcerated “adverse parties” (alleged perpetrators) are notified of and may respond to applications for extended orders for protection against domestic violence. The change seeks to preserve survivors’ access to protections while ensuring incarcerated persons have a simple, defined mechanism to indicate whether they contest an extended order.

Key provisions

  • Requires certain temporary protection orders served on an incarcerated adverse party (when an application for an extended order is filed at the same time) to include:
    • Notice that if the adverse party remains in custody on the hearing date they may contest the extended-order application by filing a written response with the court.
    • A specification that the written response must:
    • Be filed no later than 14 calendar days after the incarcerated person receives service of the temporary order at the facility;
    • Consist solely of a statement indicating whether the incarcerated adverse party contests the issuance of an extended order (no explanation required);
    • Be filed in accordance with the procedures established by the correctional facility where the person is held.
    • Notice that if no written response is filed within the time allowed and the person remains in custody, the court may hold the hearing in the person’s absence and may grant the extended order without further input from the incarcerated adverse party.

Who is affected

  • Incarcerated adverse parties who are served with temporary protection orders when an extended-order application has been filed.
  • Courts that handle protection-order hearings (must accept the prescribed written response and may proceed in absence).
  • Correctional facilities (must accept and transmit written responses according to their procedures and serve orders on in-custody persons).
  • Applicants/survivors seeking extended protection orders (benefit from clearer timelines and reduced procedural delays).

Procedural / effective dates

  • The written response must be filed within 14 calendar days after service at the facility.
  • The amendatory provisions apply to orders for protection issued on or after October 1, 2025.

Legislative status & fiscal impact

  • Sponsors: Assemblymembers Melissa Hardy, Heidi Hibbetts, et al.; Joint Sponsors Senators Buck and Steinbeck.
  • Approved by the Governor and chaptered (Chapter 136, Statutes of 2025).
  • Fiscal notes: no effect on state or local government reported.

Notes on amendments / intent

  • The bill’s original language required an affidavit stating reasons why an extended order should not be granted. Amendments replaced “affidavit” with a limited “written response” that only indicates whether the incarcerated person contests the order and clarifies facility-specific filing procedures—intended to balance due process for incarcerated persons with timely protections for survivors.

Compiled from official sources — confirm details with the bill’s official record.

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