Domestic Violence – Nevada Laws & Penalties – NRS § 200.485

Nevada Revised Statute § 200.485 makes it a crime to commit battery which constitutes domestic violence, commonly abbreviated battery domestic violence or BDV.

Penalties

1. First Conviction in 7 years:  A misdemeanor carrying $200 to $1,000, 48 to 120 hours of community service, 6 months of counseling, and a suspended jail sentence.
2. Second conviction in 7 years:  A misdemeanor carrying 20 days to 6 months in jail, $500 to $1,000, 100 to 200 hours of community service, and 1 year of counseling.
3. Third conviction in 7 years:  A category B felony carrying 1 to 6 years in Nevada State Prison and $1,000 to $5,000.

Note that battery domestic violence is always a felony with no possibility of probation if the case involved a deadly weapon, strangulation, or substantial bodily harm to the victim. Penalties include up to 15 years in prison depending on the circumstances.

Elements

1. Battery:  The defendant inflicted willful and unlawful use of force or violence upon a person.
2. Domestic Violence:  The victim is either:
   • the defendant’s spouse, former spouse, or any person with whom they had or are having a dating relationship,
   • any person to whom the defendant is related by blood or marriage (not including siblings and cousins),
   • any person with whom the defendant has a child in common, or that minor child, or
   • the defendant’s own minor child, or that child’s appointed custodian or legal guardian.

Defenses

• Self-Defense:  The defendant reasonably feared imminent death or great bodily harm.
• Accident:  The defendant had no intention of inflicting unlawful physical force on the victim.
• False Accusations:  The accuser fabricated fake allegations against the defendant.

Battery domestic violence is the one of the most common charges we defend against here in Nevada. Cases often involve such scenarios as:

• A husband slapping his wife,
• A co-parent throwing a beer bottle or other object at their co-parent,
• An ex-girlfriend spitting at their ex, or
• A girlfriend grabbing her boyfriend’s cell phone out of his hand.

Fortunately, a 2022 law has made it easier to get Nevada battery domestic violence charges dismissed or reduced to a lesser offense. Before then, prosecutors were prohibited from lessening or dropping NRS 200.485 charges unless they could show the judge there was not enough evidence to prove your guilt beyond a reasonable doubt.

Still, getting a favorable plea deal is always an uphill battle in Nevada: Even if the “victim” admits they falsely accused you, prosecutors will assume they are lying and can continue pressing charges.

This is why you need experienced lawyers to investigate your case and identify all the weaknesses in the state’s evidence. Las Vegas Defense Group has been voted the Gold Winner (1st place) for Best Domestic Battery Lawyer in the Las Vegas Review-Journal‘s 2025 “Best of Vegas” survey.

In this article, our Las Vegas criminal defense attorneys address the top 15 things you need to know about battery domestic violence laws in Nevada:

• 1. Elements of NRS 200.485
• 2. What to Tell Police
• 3. Bail and O.R. Release
• 4. Penalties
• 5. Restraining Orders
• 6. Effects on Child Custody
• 7. Defenses and Trials
• 8. When the “Victim” Wants to Drop Charges
• 9. Background Checks and Record Seals
• 10. Gun Rights
• 11. Immigration Consequences
• 12. Statute of Limitations
• 13. Best and Worst Outcomes
• 14. Yes, You Need a Lawyer
• 15. Other Types of Domestic Violence
• Frequently Asked Questions
• Resources for Victims

1. Elements of NRS 200.485

For you to be convicted in Nevada of battery domestic violence (also called “domestic battery”), prosecutors must prove the following two elements of the jury instructions beyond a reasonable doubt:

1. You and the victim are or were in a domestic relationship, and
2. You committed battery against the alleged victim.

We discuss these elements below. Note that the law is the same whether you are prosecuted by a deputy district attorney in Justice Court or by a city attorney in Municipal Court.

1) You and the Victim Are or Were in a Domestic Relationship

In Nevada, battery domestic violence charges apply only when you and the alleged victim share a specific familial, intimate, or domestic relationship. This includes:

• Spouses (current, separated, or divorced),
• Domestic partners (current or separated),
• Co-parents of a minor child,
• Significant others (regardless of whether the relationship is exclusive),
• Minor children of the above people,
• Your minor children,
• Custodians or guardians of your minor children, or
• Relatives by blood or marriage except for cousins or siblings (unless they are in a guardianship or custodial arrangement with you): Examples include parents, step-parents, grandparents, and children.

Nevada courts evaluate dating relationships by looking at the length of the relationship, its nature, and how frequently the parties interacted rather than using a fixed definition.

Note that physical violence between friends, roommates, neighbors, or strangers may be charged as battery but not BDV.

2) You Committed Battery Against the Alleged Victim

Battery (NRS 200.481) is deliberately touching another person in a violent, aggressive, hostile, or simply unwanted way. In Nevada, battery charges typically involve allegations of:

• Hitting,
• Kicking,
• Choking,
• Cutting,
• Shoving,
• Punching,
• Slapping,
• Spitting on,
• Grabbing,
• Throwing objects at the victim, or
• Tearing objects from the victim’s grasp.

We have seen cases where people were convicted of battery even if the alleged victim did not sustain any injuries or feel any pain. Likewise, prosecutors do not have to prove the alleged victim sought medical treatment or reported pain. All that matters is that there was unlawful or unwanted physical touching, regardless of the consequences.¹

2. What to Tell Police

If you or your accuser called 911 claiming that domestic violence occurred, use the time before they arrive to compile evidence in your favor. Examples would be:

• Taking photographs of your injuries and
• Getting the contact information of any witnesses who saw what happened.

When law enforcement arrives, they will observe you both for injuries (though they can make arrests without there being visible injuries). When police question you, be sure not to admit any guilt or make any confessions. Also, be polite and cooperative.

In Nevada, police must arrest someone if they have probable cause to believe that they committed battery domestic violence within the prior 24 hours. If police arrest you, exercise your Miranda right to remain silent since prosecutors can use anything you say against you.

Note that the jail cannot release you on bail until a 12-hour cooling-off period has passed. During that time, do not speak to any cellmates about your case – they may pass along your statements to prosecutors in an attempt to get a better deal for themselves.²

We advise clients that the first few minutes after police arrive can shape the entire case. Even truthful statements can be misunderstood or taken out of context during an emotional domestic dispute. In many of the cases we handle, remaining calm, exercising the right to remain silent, and speaking with counsel before giving a detailed statement puts clients in a much stronger position.

3. Bail and O.R. Release

If you are arrested for battery domestic violence in Nevada, you should be given the opportunity to post bail so you can remain out of custody during your case. Posting bail does not automatically lift any no-contact order that may be out against you.

The bail amount varies by court. The following table spells out the standard bail schedule in Clark County’s Las Vegas Justice Court.

Battery Domestic Violence Offense in Nevada	Standard Bail Amount in Las Vegas Justice Court
1st BDV (with no aggravating factors)	$3,000
2nd BDV (with no aggravating factors) 1st BDV on a pregnant victim	$5,000
3rd BDV (with no aggravating factors) 2nd or subsequent BDV on a pregnant victim BDV with strangulation BDV with substantial bodily harm (but no deadly weapon)	$15,000
BDV with a deadly weapon	$20,000

However, we are often successful in persuading justices of the peace and magistrate judges to reduce bail or even grant O.R. release so that you do not pay a cent.² Learn more about bail hearings.

We have seen many clients assume they will simply post bail and return home the same day. Domestic violence cases often involve no-contact orders and release conditions that dramatically affect housing, employment, and family life. We make sure clients understand these restrictions immediately so they avoid unintentionally violating a court order.

4. Penalties

First BDV

A first-time battery domestic violence conviction in a seven-year period is typically a misdemeanor in Nevada. Penalties include:

• $200 to $1,000 (the minimum fine is $300 with court costs);
• 48 to 120 hours of community service;
• Domestic violence counseling for at least 1 ½ hours per week for at least 6 months (26 weeks); and
• 2 days to 6 months in jail.

In our experience, courts will suspend the jail sentence as long as you complete the other sentencing terms. When it comes to BDV-firsts, judges care less about punishment and more about rehabilitation, hence the emphasis on counseling.

Second BDV

A second-time battery domestic violence conviction in a seven-year period is also a misdemeanor, but there is a “mandatory minimum” 20-day jail sentence. The full punishment in Nevada includes:

• $500 to $1,000 (the minimum fine is $800 with court costs);
• 100 to 200 hours of community service;
• Domestic violence counseling for at least 1 ½ hours per week for at least 12 months (52 weeks); and
• 20 days to 6 months of jail time.

Note that prior convictions can be from other states.

Third BDV

A third conviction of battery domestic violence in a seven-year period is automatically a category B felony, even if the victim sustains no injuries. The punishment is:

1. 1 to 6 years in Nevada State Prison and
2. $1,000 to $5,000.

The judge may not grant probation.

Note that prior convictions can be from other states.

BDV with Strangulation

BDV involving strangulation is a category C felony as long as you did not cause serious bodily injury or use a deadly weapon. The penalty is:

1. 1 to 5 years in Nevada State Prison and
2. Up to $10,000 in fines.

The judge may not grant probation.

BDV with Serious Injuries and/or Deadly Weapons

Battery domestic violence is always a category B felony in Nevada if:

• You had a deadly weapon, or
• The victim sustained substantial bodily harm.

The following table spells out the criminal sentencing ranges.

Battery Domestic Violence Crime in Nevada	Category B Felony Penalties*
BDV resulting in substantial bodily harm but with no deadly weapon	1 to 6 years in prison and $1,000 to $5,000.
The BDV caused no substantial bodily harm, but there was a deadly weapon	2 to 10 years in prison and up to $10,000.
BDV with a deadly weapon and substantial bodily harm	2 to 15 years in prison and up to $10,000.
* The judge may not grant probation.

Note that “substantial bodily harm” is more than just minor injuries. It includes prolonged physical pain or bodily injury which:

1. Creates a substantial risk of death; or
2. Causes serious, permanent disfigurement; or
3. Causes protracted loss or impairment of the function of any bodily member or organ.

Examples of “substantial bodily harm” include broken bones, organ damage, serious burns, black eyes, head injuries such as concussions, and anything requiring stitches.

BDV Following a Felony BDV

Once you get a felony-level BDV conviction, any future BDV cases get charged as a category B felony – even if the case is minor. The penalty is:

1. 2 to 15 years in Nevada State Prison and
2. $2,000 to $5,000.

The judge may not grant probation.

BDV with Pregnant Victims

Battery domestic violence penalties are harsher in Nevada when you know the victim was pregnant (or should have known the victim was pregnant).

A first-time BDV offense against a pregnant victim is a gross misdemeanor, carrying:

• Up to 364 days in jail and/or
• Up to $2,000.

A subsequent offense is a category B felony, carrying:

1. 1 to 6 years in prison and
2. $1,000 to $5,000 in fines.⁴

Since it is a felony, the judge may not grant probation.

5. Restraining Orders

If you are accused of battery domestic violence in Nevada, do not be surprised if a restraining order is issued against you. Typical requirements are that you avoid contact with the victim and surrender any firearms while the case is pending.

The important thing is to abide by all the conditions because violating a restraining order is a crime in and of itself, as the following table shows.

Type of Nevada Protection Order	Penalty for Intentional Violations
Temporary protective order (TPO), which lasts up to 45 days	Misdemeanor:  Up to 6 months in jail and/or $1,000.
Extended protective order, which lasts up to one or two years	First offense is a misdemeanor:  Up to 6 months in jail and/or $1,000. Second offense is a gross misdemeanor:  Up to 364 days in jail and/or $2,000. Subsequent offense is a category D felony:  1 to 4 years in prison and up to $5,000.

If a restraining order is taken out against you, you can ask your attorney to file a motion to modify the terms so you can continue to see your children while your case is pending.⁵

6. Effects on Child Custody

Nevada family law judges make their child custody decisions based on what is in the “best interest of the child.” Therefore, we see lots of cases where divorcing spouses make false BDV allegations in an effort to secure primary custody. Using kids as “pawns” is all too common in family court.

Initially, Nevada law presumes that both parents get joint legal and physical custody. However, suppose a family law judge finds that there is “clear and convincing evidence” that you committed BDV. In that case, the law presumes that the other parent should get primary physical custody. At that point, overcoming this “rebuttable presumption” that you are unfit for custody can be very difficult.⁶

Fortunately, we have been very successful in exposing when accusers make false accusations against our clients just to get a leg up in family court. We can often impeach their credibility through “prior inconsistent statements” such as in their past:

• Text messages,
• Emails,
• Voicemails, and
• Conversations overheard by third parties.

In addition to hiring criminal defense counsel to fight your BDV charge, you should also have a family law attorney to fight for your custody rights.

7. Defenses and Trials

Here at Las Vegas Defense Group, we have represented literally thousands of people charged with battery domestic violence. In our experience, the following five defenses are very effective with prosecutors, judges, and juries at getting these charges substantially reduced or dismissed.

1) You Acted in Self-Defense

Self-defense is considered an “affirmative defense” because you are not denying you committed battery. Rather, you are arguing that the battery was justified to protect yourself.

Nevada law permits you to fight back in self-defense as long as:

1. You reasonably believe it is necessary to avoid imminent injury to yourself or someone else, and
2. You use no more force than necessary to deflect the attack.

When the police answer a domestic violence call, however, they may not believe your story. If you have fewer injuries than your abuser, the police might automatically arrest you even if all the injuries you inflicted were in self-defense.

Police also tend to believe the person who appears more “calm,” and abusers know this. If you have just been assaulted, it is hard to remain “rational” and unemotional, especially when officers – who are supposed to protect you – are doubting your credibility.

Many false arrests stem from police mistakes and misconceptions. Fortunately, we hire the best expert witnesses available to distinguish between injuries committed in self-defense and those inflicted in wrongful aggression. Credible expert testimony can make the difference between a conviction and a full dismissal.

2) The BDV Accusations Are False

Another potential defense is that the “victim” falsely accused you just to “get back” at you. This is particularly common during child custody battles.

Some accusers even self-inflict injuries before calling 911 in an attempt to back up their allegations. Luckily, expert witnesses can distinguish between self-inflicted injuries and those that are legitimate.

Common evidence we rely on in these cases includes eyewitness accounts and video surveillance. We also review past communications from the accuser (such as text messages and voicemails) to identify evidence of their motives to lie.

3) The Incident Was an Accident

It can be an effective defense to argue that the incident was just a mishap. As long as you did not knowingly touch the victim in an unlawful way, BDV charges should be dropped.

Video and eyewitness accounts are valuable evidence in these cases.

4) The Police Committed Misconduct

Police misconduct could also get a BDV case dismissed. A big part of our job is investigating the police’s investigation: We search for all the times they broke protocol, thereby raising a reasonable doubt as to your guilt.

For example, if law enforcement conducted an illegal search, we can file a motion to suppress asking the judge to disregard any unlawfully-discovered evidence. If the judge agrees, the D.A. may be left with a case too weak to continue prosecuting.

5) You Suffer from “Battered Woman Syndrome”

In situations where you are a woman in an abusive relationship, it may be possible to argue that your actions were a reasonable, proactive way to prevent and protect yourself from further abuse.

This “Battered Woman Syndrome” defense is typically reserved for cases where you were abused repeatedly, and battering your assailant was your only means of escape.

Nevada cases traditionally refer to “Battered Woman Syndrome,” although “Battered Person’s Syndrome” works too. Similar evidence may be relevant regardless of gender depending on the facts.

Judge v. Jury Trials

Anyone charged with misdemeanor BDV or felony BDV in Nevada has the right to a jury trial or a bench trial (where the judge decides the verdict). In most cases, it is a better defense strategy to choose a jury trial over a bench trial.

In our experience, juries tend to be more sympathetic to defendants than judges are. Judges have “heard it all before” and may be unable to separate your case from all the others they have presided over.

Also, unlike jurors, judges are aware of any incriminating evidence that may have been suppressed during the case’s pretrial phase. Therefore, it could be difficult for judges to disregard this incriminating evidence when rendering a verdict.⁷

(Note that BDV is the only misdemeanor charge that permits you the right to a jury trial. All other misdemeanor charges allow you to have only a bench trial. The reason for this exception is that a misdemeanor BDV conviction – unlike other misdemeanor convictions – strips you of your gun rights.)

8. When the “Victim” Wants to Drop Charges

Our Las Vegas criminal defense lawyers handle cases all the time where our client is charged with battery domestic violence, and their accuser regrets lying to the police and wants to take back (“recant”) their allegations.

However, accusers who do not want to press BDV charges against you cannot prevent the case from proceeding in Nevada. This is because:

1. Criminal cases are between the state and you (the defendant). Accusers have no say over whether charges move forward; and
2. Prosecutors believe that accusers who recant their BDV allegations have ulterior motives. For example, perhaps the accuser needs you out of trouble to keep financially supporting them; or perhaps your family is threatening to harm the accuser unless they recant.

How Prosecutors Prove BDV without the “Victim”

When accusers do not cooperate with prosecutors, the state relies on other evidence such as eyewitness testimony and medical records of the accuser’s injuries. Prosecutors may even call recanting accusers to testify at trial in order to impeach their credibility on the witness stand.

Furthermore, Nevada’s evidentiary rules permit prosecutors to admit into evidence prior acts of domestic violence as long as they are relevant and not “unduly prejudicial.”

However, in some cases, the accuser is the only real evidence prosecutors have. Plus if the accuser fails to cooperate with the state, then prosecutors may have no choice but to drop your case for lack of proof.

Criminal Consequences for Recanting “Victims”

Accusers who recant their BDV allegations may face criminal charges for making a false police report. Plus, accusers who ignore their subpoena to appear at trial risk the judge finding them in contempt and issuing a bench warrant for their arrest – though judges do not always go this far.⁸

9. Background Checks and Record Seals

Nevada battery domestic violence cases will show up on your criminal background check unless you get them sealed. A record seal hides the case from most employers and the general public, but it does not erase or destroy the record.

If your BDV charge gets dropped, you can petition for a record seal right away. Otherwise, there is a wait time, as the following chart shows.

Battery Domestic Violence Conviction	Record Seal Wait Time in Nevada
Misdemeanor or gross misdemeanor	7 years after the case closes
Felony	10 years after the case closes

However, BDV charges that get reduced to simple battery can be sealed two years after the case closes. If the case gets reduced to breach of peace or disorderly conduct, the wait time is only one year.⁹

We recommend you pursue a record seal as soon as you are eligible. Having a clean criminal record greatly increases the chances of getting a job, a professional license, loans, and housing.

Learn how to seal battery domestic violence records.

10. Gun Rights

If you get convicted of battery domestic violence in Nevada, you will lose your right to own or possess firearms.

It does not matter if the BDV conviction was for a misdemeanor only. There are also no exceptions if you are a law enforcement officer, security guard, or member of the military; therefore, one BDV conviction can end careers requiring firearm possession.

The only way to get gun rights restored in Nevada is through a pardon. Record sealing does not restore gun rights.

If you are caught with a gun in Nevada following a BDV conviction, you face charges for unlawful possession of a firearm. This is a category B felony, which carries:

• 1 to 6 years in prison and
• Up to $5,000.

Federal Law

Federal law also prohibits gun possession following domestic violence convictions. Under the “Lautenberg Amendment,” even misdemeanor convictions for simple battery or assault will trigger a gun ban as long as it involved a domestic situation.

The Attorney General takes firearm cases very seriously, and you could be investigated by such federal agencies as the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Federal penalties for unlawful gun possession include fines and/or up to 15 years in prison.¹⁰

11. Immigration Consequences

A battery domestic violence conviction can be considered a crime involving moral turpitude. This means if you are not an American citizen, you can be deported or removed for it.¹¹

Therefore, foreigners facing BDV charges need an attorney to fight to get the charge dismissed or reduced to a non-deportable crime. Otherwise, there may be no way to remain in the U.S.

12. Statute of Limitations

There is a time limit by which Nevada prosecutors can charge you with battery domestic violence. As the following table shows, it depends on the seriousness of the allegations.¹²

Battery Domestic Violence Offense	Criminal Statute of Limitations in Nevada
Misdemeanor	1 year after the offense allegedly occurred
Felony	3 years after the offense allegedly occurred

People sometimes assume that if charges are not filed immediately, they are no longer at risk. We have seen investigations continue long after an incident occurred, and prosecutors often use the full amount of time the law allows. Anyone who believes they may be under investigation should seek legal advice as early as possible.

13. Best and Worst Outcomes

The best-case scenario if you are charged with battery domestic violence in Nevada is that the state will drop the charge. However, prosecutors are hesitant to dismiss any charge involving violence unless we can convince them their evidence is hollow and unreliable.

The worst-case scenario if you are charged with BDV in Nevada is that you get convicted and sentenced to the maximum term of incarceration. In practice, this rarely happens – especially for misdemeanor convictions.

Middle-Ground Scenarios

Many defendants opt to plead no contest to battery domestic violence and accept the “mandatory minimum” penalties. For a first-time BDV, this typically means no jail.

Another possibility is that the charge be reduced to:

• Simple battery,
• Disorderly conduct, or
• Breach of the peace.

These offenses carry lesser stigmas than BDV and have no “mandatory minimum” sentences. They are also non-priorable, so the penalties do not worsen with each successive conviction.

In certain cases, judges may grant you a stayed adjudication: you enter a guilty plea, but the judge holds off on a conviction. Then if you complete certain terms, the judge may reduce or dismiss the charge.

Sometimes the judge allows you to enter a submittal on the record or do a diversion program: Here, you do not enter a guilty plea at all. Then once you complete certain terms, the court dismisses the charge.

In sum, a BDV arrest is only the beginning of a criminal case, and criminal defense lawyers can seek a charge reduction or dismissal. However, this takes a lot of vigorous lawyering.¹³

14. Yes, You Need a Lawyer

If you are facing criminal charges, going it alone or relying on public defenders all but guarantees a conviction.

There are three reasons why hiring an experienced Nevada criminal defense lawyer maximizes your odds of getting your battery domestic violence charges reduced or dismissed.

1. Investigation. We thoroughly inspect each case for all the weak links in the state’s evidence. Meanwhile, public defenders rarely even look at their clients’ cases before the court hearing. They simply lack the time and resources to outsmart the prosecutors.
2. Litigation. One tactic we use is to file multiple motions requesting that the court suppress the state’s evidence. Responding to our motions wears out the prosecutors and motivates them to settle. In contrast, public defenders have too large a caseload to consider litigation.
3. Negotiation. We engage in settlement talks until we are confident we achieved the most favorable deal possible. In fact, prosecutors tend to offer better plea bargains to defendants with private representation precisely because they know it is useless to drag things out. As for public defenders, they are happy to accept first offers just to put the case to bed.

Furthermore, do not hire just any criminal defense attorney: Retain one with a long track record of fighting domestic battery charges. BDV cases have unique fact patterns and issues that only experienced lawyers can transform into effective defense strategies.

The stakes in a BDV case are high. You face not just criminal penalties but also the possibility of losing your job and professional license. By relying on our Las Vegas domestic violence attorneys, you can rest assured you are doing everything to pursue the best potential outcome in your case.

15. Other Types of Domestic Violence

Battery is only one type of domestic violence. Other crimes that can constitute domestic violence in Nevada are the following:

• Arson – Maliciously setting fire to real or personal property.
• Assault – Putting someone in apprehension of immediate bodily harm.
• Burglary – Entering a building or vehicle with the intent to commit assault, battery, larceny, or any felony inside.
• Carrying a concealed weapon without a permit – This is a felony, though simply forgetting to bring your CCW carries just a civil fine.
• Coercion – Using intimidation, deprivation, or violence to compel someone to do something that they are not obligated to do.
• Destruction of private property – Examples include vandalism and malicious mischief.
• False imprisonment – Restricting another’s freedom of movement without justification or lawful authority.
• Injuring or killing an animal – Typical cases involve beating an ex’s pet.
• Invasion of the home – Forcibly entering a dwelling without the permission of the lawful occupant or owner.
• Kidnapping – Taking someone without lawful authority.
• Larceny – Intentionally stealing someone else’s property – this includes petty larceny and grand larceny.
• Pandering – Enticing or persuading an adult to engage in prostitution.
• Sexual assault (rape) – Non-consensual sexual penetration.
• Stalking – Willful conduct causing someone to feel frightened or intimidated – this includes cyber-stalking.
• Trespass – Entering someone else’s property without permission or remaining on their property after being told to leave.¹⁴

(The attempts or solicitation to commit the above crimes also count as domestic violence if committed against a current or former spouse, dating partner, or certain family members.)

Two other offenses that commonly involve familial conflict include:

• Child abuse – Willfully causing a child under the age of 18 to suffer unjustifiable physical pain or mental suffering.
• Elder abuse – Battering, neglecting, isolating, exploiting, or abandoning people 60 years of age or older.¹⁵

Any of the above crimes are grounds for getting a restraining order in Nevada.

Frequently Asked Questions

Can I be charged with Battery Domestic Violence if the victim wasn’t injured?

Yes. In Nevada, “battery” only requires willful and unlawful physical force. You can be arrested and convicted for a push, a grab, or even throwing a drink on your partner, even if there are no bruises, scratches, or visible marks.

One of the biggest surprises for clients is learning that visible injuries are not required for prosecutors to file charges. We have defended many cases where there were no bruises, medical records, or photographs, yet the State still pursued prosecution based on witness statements or body-camera footage. Do not assume a lack of injury means the case is minor or will automatically be dismissed.

Why do I have to stay in jail for 12 hours after my arrest?

Nevada law (NRS 178.484) mandates a “cooling-off period” for domestic violence arrests. You cannot be released on bail until you have been in custody for at least 12 hours. This is a strict statutory requirement intended to prevent immediate retaliation, and a judge cannot waive it.

We have spoken with countless clients and family members who were frustrated that posting bail did not result in immediate release. The mandatory cooling-off period catches many people off guard because it applies regardless of the circumstances of the arrest. We use that time to begin evaluating the evidence and preparing for the client’s first court appearance so we can start protecting their interests as early as possible.

Can the victim “drop the charges” against me?

No. In Nevada, the State (prosecutor) brings the charges, not the victim. Even if the accuser recants their story or refuses to testify, the prosecutor can still proceed with the case using other evidence, such as 911 calls, body-cam footage, and witness statements.

In our experience, this is probably the most common misconception in domestic violence cases. We have represented many people whose partners wanted the case dismissed almost immediately, only to learn that prosecutors intended to move forward anyway. When that happens, the defense has to focus on the evidence—not simply on whether the alleged victim has changed their mind.

What is the difference between “Assault” and “Battery” in a domestic case?

People often use the terms interchangeably, but they are different crimes.

Battery requires actual physical contact (hitting, shoving, grabbing). Assault is the threat of force that creates a reasonable fear of immediate harm (raising a fist, verbal threats of violence). Most domestic violence arrests are for battery because some physical contact usually prompts the police call.

We have found that many clients are unfamiliar with the legal distinction between assault and battery because the terms are often used interchangeably in everyday conversation. Understanding which offense has actually been charged is important because the elements, available defenses, and potential consequences can differ. We always begin by carefully reviewing exactly what the prosecution must prove beyond a reasonable doubt.

Will a conviction affect my right to own a gun?

Yes, permanently. Under federal law (the “Lautenberg Amendment”), anyone convicted of a misdemeanor crime of domestic violence is banned for life from owning or possessing firearms. This ban applies even if you plead “no contest” (nolo contendere) or if your Nevada sentence did not include jail time.

We have represented many responsible gun owners who had no idea a misdemeanor domestic violence conviction could permanently affect their firearm rights. For hunters, military members, law enforcement officers, security professionals, and others whose careers or hobbies involve firearms, this consequence is often even more significant than the criminal penalties themselves. We discuss these collateral consequences with clients from the very beginning of the case.

Can I argue self-defense if the victim has a violent history?

Yes. Under the recent Pinney v. State (2024) decision, you can introduce evidence of the alleged victim’s prior violent acts to prove you acted in self-defense, provided you knew about those acts at the time. This helps show your fear was reasonable, and the court cannot automatically exclude this evidence just because you did not prove it in a pretrial hearing.

Self-defense cases often depend on facts that are not immediately obvious from the police report. In our experience, evidence about prior violent conduct, past threats, or the history of the relationship can become critical when explaining why someone believed force was necessary. We spend considerable time investigating these issues because they frequently provide context that is missing from the State’s initial version of events.

Does a domestic violence charge automatically mean I lose custody of my kids?

Not automatically, but it creates a major hurdle. If a court finds by “clear and convincing evidence” that you committed domestic violence, there is a “rebuttable presumption” that you should not have custody. However, under Soldo-Allesio v. Ferguson (2025), a court can still consider domestic violence as a general “best interest” factor using a lower standard of proof (“preponderance of evidence”) when deciding visitation and schedules.

We have seen the possibility of losing time with children become the greatest concern for many parents facing domestic violence charges. Criminal cases and family court proceedings often overlap, and decisions made in one case can affect the other. Whenever custody issues are involved, we encourage clients to consider the broader impact of every decision rather than focusing solely on the criminal charge.

The victim invited me over. Can I go back home if there is a Temporary Protective Order (TPO)?

No. A TPO is a court order telling you to stay away. The victim does not have the legal authority to override a judge’s order. If you go to the house—even with the victim’s permission—you can be arrested for the separate crime of violating a protective order, which creates a new criminal record.

We always warn clients that violating a protective order is one of the easiest ways to make a difficult situation much worse. We have handled cases where people believed they were doing nothing wrong because the alleged victim initiated the contact or extended the invitation. When a court order is in place, it is the judge’s order—not the other person’s wishes—that controls.

Can I get a jury trial for a misdemeanor domestic violence charge?

Yes. Unlike most misdemeanors in Nevada (which are decided by a judge), you have a constitutional right to a jury trial for misdemeanor battery domestic violence. This is because the federal gun ban counts as a serious enough penalty to trigger your Sixth Amendment right to a jury.

In our experience, many clients do not realize they have the right to have members of the community decide disputed facts instead of a judge. Whether requesting a jury trial is the best strategy depends on the evidence, the legal issues, and the circumstances of the case. We carefully evaluate those factors with each client before recommending how to proceed.

Can I just pay a fine to make the case go away?

No. Nevada law prohibits prosecutors from dismissing domestic violence charges purely in exchange for a fine (civil compromise). To resolve the case without a conviction, your attorney usually must negotiate a “submittal on the record” or “stayed adjudication,” which requires you to complete counseling and stay out of trouble for a set period before the case is dismissed.

Many people come to us hoping their case can be resolved by simply paying a fine and moving on. Unfortunately, Nevada domestic violence cases usually do not work that way. In our experience, obtaining a favorable outcome often requires negotiating with prosecutors, completing court-approved conditions, or presenting a strong defense—not simply writing a check.

Resources for Victims

Anyone in immediate danger should call 911. Otherwise, domestic violence victims can find information and support through the following organizations:

• Crisis Support Services of Nevada – 24/7 guidance and referrals to shelters.
• Nevada 211 – Curated list of crisis hotlines and shelters.
• Mary’s Law for Nevada – Victim advocate resources.
• Legal Aid Center of Southern Nevada – Pro bono legal services.
• Domestic Violence Resource Center – Actionable guidance for domestic violence victims.
• DomesticShelters.org – List of domestic violence shelters throughout the state.

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Legal References