In Nevada, domestic violence can be charged as either a misdemeanor or a felony depending on the circumstances. That is why the state has passed stringent legislation to safeguard victims and ensure that perpetrators are held responsible. It is important to understand the legal definitions, punishments, and rights within the Nevada legal system if you are involved in a domestic violence case.

Definition of Domestic Violence (NRS 33.018)

Under NRS 33.018, domestic violence refers to certain acts committed against specific individuals, such as:

• A current or former spouse or domestic partner
• Someone related by blood or marriage
• A co-parent of a child
• A person with whom you live or have lived
• Someone you are or were dating

Qualifying acts include:

• Battery (unlawful physical force or violence)
• Assault (placing someone in reasonable fear of imminent harm)
• Coercion or threats
• Harassment or stalking
• Sexual assault
• Destruction of personal property
• Unlawful restraint
• Preventing the use of a telephone or blocking access to emergency services

Types of Protective Orders in Nevada

Victims of domestic violence may apply for court-issued protective orders:

• Emergency Protective Order: Issued immediately by a judge when there is an immediate threat. Valid for up to 7 days.
• Temporary Protective Order (TPO): Lasts up to 45 days and can be granted without the abuser being present.
• Extended Protective Order: Issued after a hearing with both parties and can last up to 1 year.

Violating any protective order is a criminal offense under NRS 33.100.

Penalties for Battery Constituting Domestic Violence (BDV) – NRS 200.485

The penalties for domestic battery increase with each offense:

• First Offense (within 7 years): Misdemeanor
  • 2 days to 6 months in jail
  • 48 to 120 hours of community service
  • Mandatory domestic violence counseling (6–12 months)
• Second Offense (within 7 years): Misdemeanor
  • 10 days to 6 months in jail
  • 100 to 200 hours of community service
  • Mandatory counseling
• Third Offense (within 7 years): Category C Felony
  • 1 to 5 years in Nevada State Prison
  • Fine up to $10,000

Aggravating circumstances like using a deadly weapon or committing the act in front of a child can lead to harsher penalties.

Other Related Criminal Offenses

• Sexual Assault (NRS 200.366): Any non-consensual sexual act, including acts committed in a domestic context.
• Stalking and Harassment (NRS 200.571, NRS 200.575): Includes repeated unwanted contact, threats, or monitoring — can be done electronically (cyberstalking).
• Child Abuse or Neglect (NRS 432B.020): Physical or emotional harm to a child, including by a parent.

Sentence Enhancements for Bias-Motivated Crimes (NRS 193.1675)

Nevada allows enhanced penalties for crimes committed due to the victim's race, religion, sexual orientation, or other protected characteristics. However, these are not standalone charges and only apply if the underlying crime qualifies.

Defenses to Domestic Violence Charges

Several defenses may apply in domestic violence cases:

• Self-defense
• False allegations
• Lack of sufficient evidence
• Violation of constitutional rights (e.g., unlawful search or seizure)
• Mistaken identity or lack of intent

Each defense depends on the unique facts of the case.

Impact on Child Custody (NRS 125C.0035)

Courts in Nevada must consider domestic violence when awarding child custody. If the court finds that a parent has committed domestic violence:

• There is a rebuttable presumption that joint or sole custody is not in the best interest of the child.
• Evidence can include police reports, protective orders, medical records, or child protective services involvement.

Long-Term Consequences of a Domestic Violence Conviction

A conviction may result in:

• Permanent criminal record
• Loss of firearm rights (under NRS 202.360)
• Restrictions on housing and employment
• Damage to reputation and personal relationships

Conclusion

Domestic violence laws in Nevada are strict and carry serious consequences. Whether you are a victim seeking safety or someone accused of domestic violence, it is critical to understand your rights and obligations under the law. Consulting with an experienced criminal defense attorney is essential to protect your future and ensure due process.

Frequently Asked Questions (FAQs)

1. Can a domestic violence charge be dropped in Nevada?

Only the prosecutor has the authority to drop domestic violence charges, not the victim. Once a case is filed, the state takes over, and the victim cannot “take back” the accusation.

2. Is domestic violence a felony in Nevada?

It depends. A first or second offense within 7 years is typically a misdemeanor, while a third offense or aggravated cases (e.g., use of a deadly weapon or serious bodily harm) may be charged as a felony.

3. Can I get a domestic violence conviction sealed in Nevada?

Yes, but there are waiting periods. For misdemeanors, it's 7 years after the case closes; for felonies, it's 10 years. Some offenses may not be sealable if they involve serious violence.

4. Will a domestic violence conviction affect my gun rights?

Yes. Under NRS 202.360, a person convicted of domestic violence is prohibited from owning or possessing firearms.

5. What happens if I violate a protective order?

Violating a TPO or extended order is a criminal offense and can result in jail time, fines, and new charges. It also damages your credibility in any related legal proceedings.

6. Can a domestic violence charge impact immigration status?

Yes. A conviction may be considered a crime of moral turpitude or aggravated felony, both of which can lead to deportation or denial of naturalization.

7. How can I defend against false allegations?

An experienced attorney can investigate inconsistencies, gather witness statements, review evidence (such as text messages, surveillance footage, or audio recordings), and build a strong legal defense tailored to your specific situation.

Need Help?

If you or a family member faces domestic violence allegations in Nevada, Gallo Criminal Defense Las Vegas can provide experienced legal support. Contact us now at (702) 385‑3131 for a free, confidential consultation.