Domestic violence in Nevada

There is no single crime called "domestic violence" in the Nevada Revised Statutes. NRS 33.018 defines which relationships and which acts count, and other statutes use that definition to raise penalties, require arrests, restrict bail, and take away firearms. The charge itself is always something more specific.

By far the most common is domestic battery under NRS 200.485: any willful and unlawful use of force or violence against a person in a covered relationship. The contact can be minor. A shove or a grab is enough to charge it. When the state alleges the battery was committed by strangulation, as defined in NRS 200.481(1)(o), the charge is a Category C felony from the first offense.

Other charges that commonly arrive with the label include stalking, harassment, coercion, violating a protective order, and property offenses like trespassing or destruction of property when they are part of a course of conduct intended to harass. More serious allegations, such as kidnapping or sexual assault, are also covered by NRS 33.018 when the relationship exists.

The arrest is close to automatic. Under NRS 171.137, an officer who has probable cause to believe a domestic battery occurred must make an arrest unless mitigating circumstances exist. That duty applies when the battery happened within the preceding twenty-four hours, if the officer had a face-to-face encounter with the person while responding to the call, or within the preceding seven days, if the officer did not (NRS 171.137(1)(a) and (b)). The statute also says the officer cannot base the decision on whether the alleged victim is willing to testify. A partner who tells police they do not want anyone arrested usually does not change the outcome that night.

There is a 12-hour hold. NRS 178.484(7) says a person arrested for domestic battery cannot be admitted to bail sooner than 12 hours after arrest. If bail is posted after 12 hours without a judge setting it, the statute fixes the amount: $3,000 with no prior domestic battery convictions and no reason to believe the battery involved substantial bodily harm or strangulation; $5,000 with either one prior conviction or a substantial-bodily-harm or strangulation allegation; and $15,000 with one prior conviction plus that kind of allegation, or with two or more priors. A judge who sees the case can set a different amount or conditions. Nevada law also generally requires a pretrial release hearing within forty-eight hours of being taken into custody (NRS 178.4849).

A protective order may be waiting at release. While the arrested person is still in custody, the alleged victim can apply for a temporary protective order electronically, and in Clark County the court is available around the clock to issue one. If the jail receives the order before release, it has to be served before the person walks out (NRS 33.020(8) and (9)).

Then the case is filed. Depending on where the arrest happened and which office files it, a misdemeanor case is heard in a justice court or a municipal court, such as the Las Vegas Justice Court or Henderson Municipal Court. Felony cases start in justice court with a preliminary hearing and, if bound over, move to the Eighth Judicial District Court. The first court date is the arraignment.

The practical result is that the person accused may be out of the house, cut off from their children, and barred from contact with their partner before any judge has heard their side. None of that is a finding of guilt, and all of it can be addressed. It has to be addressed carefully, because every misstep in this stage creates new charges or new evidence.

The alleged victim does not control the case. The prosecutor decides whether to file and whether to dismiss. A partner who recants or stops cooperating changes the evidence the state has, and that can matter a great deal, but it does not end the case on its own.

A protective order under NRS 33.017 to 33.100 is a civil order, separate from the criminal charge. It can be issued whether or not charges are filed, and it does not end automatically when the criminal case is dismissed.

Temporary orders (TPOs) can be granted without notice to the person restrained. A TPO can order that person to stay away from the applicant, leave the shared residence, stay away from the applicant's home, school, or work, and, where the court has jurisdiction, grant the applicant temporary custody of a child (NRS 33.030). A temporary order lasts up to 45 days, and if an extended order has been requested, it stays in effect until that hearing (NRS 33.080). The restrained person can move to dissolve or modify a temporary order on two days' notice.

Extended orders require notice and a hearing, and can last up to two years. They can add supervised visitation, payment of rent or support, and limits on communication. A court can also include a requirement to surrender firearms and a prohibition on possessing them while the order is in effect (NRS 33.031), and anyone under an extended order is barred from buying or acquiring a firearm during that time (NRS 33.0305).

Two things about these orders catch people off guard. First, the order itself warns that responding to a communication the applicant initiated may be a violation (NRS 33.030(5)). If your partner texts you, answering is a risk. Second, the extended order hearing usually happens while the criminal case is pending. What you say at that hearing is under oath, and it can be used in the criminal case. The two proceedings should be handled together, with the criminal case in mind.

Separate from any protective order, the criminal court can make no contact with the alleged victim a condition of pretrial release. The alleged victim can ask for it before bail is decided, and the court has to consider that request (NRS 178.4845). The condition prohibits contacting or trying to contact the person directly, and also prohibits having someone else contact them on your behalf.

A no-contact condition can last up to 120 days and can be renewed. Knowingly violating it is a misdemeanor, and it can also lead to new release conditions or revocation of bail and a return to jail. When a couple wants to reconcile, the right move is a motion to modify the condition, not quiet contact that the other side can later document.

Nevada law. NRS 202.360(1)(a) prohibits owning or possessing a firearm after a conviction for domestic battery under NRS 200.485 committed against a spouse or former spouse, a dating partner, a co-parent, a parent, or a child. Violating that prohibition is a Category B felony carrying one to six years. The judgment in a domestic battery case must tell the person about the prohibition and order them to permanently surrender, sell, or transfer their firearms (NRS 200.485(12)). Because a misdemeanor domestic battery charge can carry this prohibition, Nevada gives the accused the right to a jury trial on it (NRS 200.485(10)).

Federal law. 18 U.S.C. 922(g)(9) makes it a federal crime for anyone convicted of a "misdemeanor crime of domestic violence" to possess a firearm or ammunition. Under 18 U.S.C. 921(a)(33), that means a misdemeanor that has the use or attempted use of physical force, or the threatened use of a deadly weapon, as an element, committed by a current or former spouse, parent, or guardian, a co-parent, a person who lived with the victim as a spouse, parent, or guardian, someone similarly situated, or a person in a current or recent former dating relationship with the victim. For a single conviction involving only a dating relationship, federal law can restore the right after five years if the statute's other conditions are met. The dating-relationship category applies only to convictions entered on or after June 25, 2022. And under 18 U.S.C. 921(a)(33)(B), a conviction counts only if the person had a lawyer or knowingly waived one, and, where a jury trial was available, had a jury trial or knowingly waived it.

Protective orders matter too. An extended order that includes a firearm prohibition makes possession a state felony while it is in effect (NRS 202.360(1)(d)), and certain protective orders issued after a hearing the restrained person had notice of can also trigger the federal prohibition in 18 U.S.C. 922(g)(8). A stalking conviction can also carry a Nevada firearm ban: when the victim is a person listed in NRS 33.018 and the court finds the victim has an ongoing, reasonable fear of physical harm, the finding goes in the judgment and the person is prohibited from possessing firearms (NRS 200.575(7) and (8); NRS 202.360(1)(c)). A felony conviction ends firearm rights under both Nevada law (NRS 202.360(1)(b)) and federal law (18 U.S.C. 922(g)(1)). If you own firearms, this belongs in the conversation from the first day of the case.

Immigration. Under 8 U.S.C. 1227(a)(2)(E), a non-citizen convicted after admission of a crime of domestic violence, a crime of stalking, or a crime of child abuse or neglect is deportable. So is a non-citizen whom a court finds violated the part of a protection order that protects against credible threats of violence, repeated harassment, or bodily injury. Whether a particular Nevada conviction fits those categories is a technical question. If you are not a U.S. citizen, get immigration advice before accepting any plea, including a plea to a reduced charge.

Custody. In a family court case, if the court finds by clear and convincing evidence after an evidentiary hearing that a parent committed one or more acts of domestic violence against the child, the other parent, or anyone living with the child, there is a rebuttable presumption that giving that parent sole or joint physical custody is not in the child's best interest (NRS 125C.0035(5)). A criminal case and a custody case often run side by side, and what happens in one affects the other.

Professional licenses, security clearances, and jobs that require carrying a firearm can also be affected. See professional discipline if you hold a state license.

1. Say nothing about what happened. Give your name. Don't explain, don't deny, and don't try to tell your side to the officer or the detective. Statements made at the scene and on jail calls are the evidence prosecutors use most often in these cases. Say clearly: "I want an attorney. I won't answer questions without one." More on why to stay silent.
2. Don't contact the other person. Not by text, not through a friend or relative, not by replying when they reach out first. Read every order you are handed, including the protective order and the release conditions, and follow the strictest one. A violation is a new charge.
3. Check the protective order paperwork for a deadline. If you were served with a temporary order in jail and an extended order was also requested, you have 14 calendar days from service to file a written response contesting it (NRS 33.030(6)). Miss it, and the court may grant an order of up to two years without hearing from you.
4. Preserve your evidence. Save texts, call logs, photos of your own injuries, and the names of anyone who saw or heard what happened. Body camera and surveillance footage can be lost without a prompt preservation request.
5. Call before your arraignment. Release conditions, no-contact terms, and the shape of the case are set early. Call 702-990-0190 to talk with Michael Mee directly.

The pages below cover the most common domestic violence charges and the questions that come up right after an arrest.

A misdemeanor domestic battery conviction can be sealed seven years after release from actual custody or from the date the person is no longer under a suspended sentence, whichever is later (NRS 179.245(1)(e)). Misdemeanor harassment, stalking, and protective order violations have a two-year wait. For felonies, the clock runs from release from actual custody or discharge from parole or probation, whichever is later: generally five years for a Category B, C, or D felony. A felony domestic battery may be treated as a crime of violence, which carries a 10-year wait; plan on 10 years and confirm eligibility before filing. A dismissal can be sealed right away. If you were convicted and believe legal errors occurred at trial, an appeal may be an option.