RIVAS v. ARREGUIN (2021)

ORDER DISMISSING APPEAL

Javier Ramirez Rivas appeals from the denial of his application for a temporary or extended order for protection against domestic violence. First Judicial District Court, Carson City; William A. Maddox, Senior Judge.

Rivas filed an application for a temporary or extended protective order under NRS 33.400 with the district court, which the court denied. This appeal followed. On appeal, our review of the documents submitted to this court reveals a jurisdictional defect; specifically, that the challenged order is not substantively appealable.

It is well established that the appellate courts have jurisdiction to consider an appeal only when an appeal is authorized by statute or court rule. Taylor Constr. Co. v. Hilton Hotels Corp., 100 Nev. 207, 209, 678 P.2d 1152, 1153 (1984). And no statute or court rule authorizes an appeal from a district court order denying an application for a temporary or extended order for protection against domestic violence. See NRAP 3A(b) (listing appealable determinations).

Indeed, while NRS 33.400(5) authorizes an appeal to the district court in cases where a justice court issues an extended protection order under this statute, there is no provision authorizing an appeal from the district court's denial of an application for a temporary or extended order of protection sought under NRS 33.400, or authorizing an appeal to the Nevada Appellate Courts from the denial of any order entered pursuant to this statute. See NRS 33.400 (allowing parents or guardians to seek a temporary or extended protective order on behalf of a minor child).

Accordingly, based on the reasoning set forth above, we conclude that we lack jurisdiction over this appeal, and we therefore

ORDER this appeal DISMISSED.