Why Can’t the Victim Drop Domestic Violence Charges in Nevada?

The Phone Call Every Defense Lawyer Gets

It’s one of the first and most frantic phone calls our firm receives after a domestic violence arrest in Las Vegas. It often comes from the person who made the 911 call in the first place.

“It was just a misunderstanding.” “I was emotional, I overreacted.” “I don’t want to press charges. How do I get them to drop the case?”

It’s a heartbreaking situation. A heated argument leads to a 911 call. The police arrive, and according to their policy, they almost always arrest someone. The next day, tempers have cooled, and the couple wants to put the incident behind them. They think that because they’ve reconciled, the legal problem will just go away.

Here is the hard truth that every person in this situation needs to understand: In Nevada, the decision to drop domestic violence charges does not belong to the alleged victim. Once the state gets involved, the state is in control.

For decades, our team at The Gowdey Law Firm has guided families through this confusing and scary process. We understand the complex emotions involved. But we also understand how the Clark County District Attorney’s office works. You are no longer in a private dispute. You are in a fight against the government.

Who is Actually Pressing Charges? The State of Nevada vs. You**

This is the most important concept to grasp. The moment an arrest is made, the case is no longer “your partner vs. you.” The case title in court will be “The State of Nevada vs. [Your Name].”

Your partner is now considered a witness for the state. They are a piece of evidence, just like a photograph or a police report. They are not the plaintiff or the person driving the case.

The person in charge is the prosecutor from the Clark County District Attorney’s office. They, and they alone, have the power to dismiss the case.

Why Does Nevada Have This Policy?

It might seem strange, but these “no-drop” policies were put in place in an effort to protect victims. Lawmakers and prosecutors were concerned about the “cycle of violence.” They worried that an abuser might threaten or manipulate a victim into dropping the charges, only for the violence to continue or get worse.

A report from the National Institute of Justice found that these policies became widespread across the country for this very reason. The goal is to take the pressure off the alleged victim. But in practice, it creates a legal machine that can be very difficult to stop, even when the initial call was a mistake or an overreaction.

The prosecutor will look at all the evidence they have:

• The initial 911 call recording.
• The police officers’ body camera footage.
• Any written statements taken at the scene.
• Photographs of any injuries or property damage.

If they believe they have enough evidence to prove a case even without the victim’s cooperation, they will often move forward.

The Uncooperative Witness: What Happens When the Victim Won’t Testify?

So what happens if your partner refuses to cooperate with the prosecutor? They might file something called an “affidavit of non-prosecution,” stating they don’t want the case to continue.

While this can be helpful, it does not automatically stop the case.

The prosecutor can still force the victim to come to court by issuing a subpoena. A subpoena is a court order. If the person ignores it, the judge can issue a warrant for their arrest. It’s a very aggressive tactic, but it shows how serious the state is about these cases.

The prosecutor might believe that the victim is only refusing to testify because they are scared. The state’s position is that they are acting to protect the victim, even if the victim doesn’t want their protection. This can be incredibly frustrating for everyone involved. It feels like the system is no longer listening to you.

This is why you need an experienced lawyer on your side. We can’t just tell the prosecutor, “Our client’s partner wants this to go away.” That doesn’t work. We have to show them, with evidence, why their case is weak.

What Are the Consequences of a Domestic Violence Conviction in Nevada?

People often underestimate how serious a domestic violence charge is, even for a first-offense misdemeanor. A conviction carries life-altering consequences that go far beyond a fine.

• Jail Time: A first offense can carry 2 days to 6 months in jail.
• Heavy Fines and Classes: You will be required to pay fines and attend months of mandatory, expensive domestic violence counseling.
• Loss of Gun Rights: Under federal law, anyone convicted of a domestic violence misdemeanor is permanently banned from ever owning or possessing a firearm. This is a huge consequence that many people are not aware of.
• A Permanent Criminal Record: A domestic violence conviction cannot be sealed in Nevada for at least seven years. This means it will show up on background checks for jobs and housing for a very long time. It can be a major barrier to your future success.
• Child Custody Issues: If you are in a custody battle or get into one in the future, a domestic violence conviction can be devastating. A judge will absolutely consider it when deciding what is in the best interest of the children. It can severely limit your chances of getting primary or even joint custody.

The stakes are incredibly high. This is not a charge to take lightly or try to handle on your own.

How Can a Lawyer Help When the State Won’t Drop the Case?

If you can’t rely on the victim to stop the case, what can a lawyer do? Our job is to build a defense so strong that the prosecutor rethinks their chances of winning at trial.

Our team at The Gowdey Law Firm has been defending people against these charges for decades. We know the prosecutors, we know the judges, and we know how to find the weaknesses in their cases.

Here is how we approach it:

1. We Communicate with the Prosecutor While the victim’s wishes aren’t the final word, we make sure the prosecutor understands the full context. We can present the affidavit of non-prosecution and explain why this was a one-time incident that doesn’t fit the pattern of domestic abuse. Sometimes, with a reasonable prosecutor, this can be enough.
2. We Investigate the Evidence We get our hands on every piece of evidence the state has.

• The 911 Call: Does the recording match the police report? Does the caller sound frantic, or was the situation calmer than the report suggests?
• Body Cameras: The body camera footage is often the most important piece of evidence. It shows us exactly what was said and done, without the filter of a police report. We look for inconsistencies and for evidence that supports your side of the story.
• The Accuser’s Story: Has the alleged victim’s story changed over time? Are there inconsistencies that we can point out to the prosecutor?

3. We Build Your Defense Was this an act of self-defense? Was the incident an accident? Is the accuser making false allegations out of anger or for leverage in a divorce? We explore every possible defense. A significant portion of domestic violence accusations arise during contentious divorces. Our experience in both family law and criminal defense gives us a unique advantage in understanding and defending these complex situations.
4. We Negotiate from a Position of Strength Once we have gathered our evidence, we go to the prosecutor. We don’t just ask them to drop the case. We show them why their case is weak. We show them the inconsistencies, the lack of evidence, and the reasons why a jury would likely find you not guilty.

This often leads to a negotiation for a dismissal or a reduction of the charge to something simple, like disorderly conduct, which does not carry the same devastating lifelong consequences as a domestic violence conviction.

Key Takeaways

• The Victim is Not in Charge: Once an arrest is made for domestic violence in Nevada, the State is the prosecutor. The alleged victim cannot “drop the charges.”
• “No-Drop” Policies are Aggressive: Prosecutors will often pursue a case even if the victim does not want to cooperate, and can even force them to testify.
• The Consequences are Lifelong: A conviction, even for a misdemeanor, can result in the permanent loss of gun rights, a criminal record that is difficult to seal, and serious problems in child custody cases.
• A Strong Defense is Your Only Option: The only way to fight the charge is to show the prosecutor that their case is weak. This requires an experienced attorney who can investigate the evidence and build a powerful defense strategy.
• Don’t Wait: The moments after an arrest are critical. The best thing you can do is contact a lawyer immediately to start protecting your rights.

Common Questions About Las Vegas Domestic Violence Cases

1. I was arrested, but my partner was the one who was physical first. Why did I get arrested? When police respond to a domestic violence call in Las Vegas, their policy is to determine the “primary physical aggressor.” They often make this decision in a matter of minutes based on who has visible injuries or who seems more aggressive at that moment. Unfortunately, they often get it wrong. This is a key part of our investigation—to show that you were acting in self-defense.
2. The police didn’t see anything happen. They just arrested me based on what my partner said. Is that enough? Yes. An officer does not need to witness the event to make an arrest for domestic violence. They only need “probable cause”—a reasonable belief that a crime occurred. This can be based entirely on the statement of the alleged victim and any visible signs of a struggle.
3. I was told I can’t go home or contact my partner. How long does that last? After a domestic violence arrest, the court will almost always issue a temporary protective order (TPO) or a no-contact order as a condition of your release from jail. This can last until the case is resolved. Violating this order is a separate crime. An attorney can sometimes petition the court to modify the order to allow for peaceful contact, especially if you have children together.
4. We were both drinking. Does that matter? It can. If both parties were intoxicated, it can make it harder for the prosecutor to prove exactly what happened. The memories of witnesses may be unreliable. While it’s not a “get out of jail free” card, it can be a fact that your lawyer uses to create reasonable doubt about the state’s version of events.
5. What is the best way to handle a false accusation of domestic violence “near me” in a divorce? This is a very serious situation. If you believe you are being falsely accused for leverage in a divorce or custody case, you need to act fast. First, preserve any evidence you have (text messages, emails, witnesses) that can prove your innocence. Second, you absolutely need a lawyer who has experience in both criminal defense and family law. Understanding how the two court systems interact is critical to protecting your freedom and your relationship with your children.