I don’t say that to frighten you. I say it so you understand the urgency. Let me walk you through exactly what’s happening, what will happen next, and what your options are.
Nevada’s Mandatory Arrest Law: Why You’re Already in Handcuffs
Under NRS 171.137, Nevada police officers are required by law to arrest someone when they respond to a domestic violence call and find probable cause to believe battery occurred. The officer doesn’t need to witness the incident. The alleged victim doesn’t need to want charges filed. If there is visible injury, or if the officer believes domestic battery occurred, an arrest is mandatory.
This means the alleged victim cannot “drop” the charges by telling the officer everything is fine. It means a misunderstanding, a false accusation, or a situation that quickly de-escalated can still result in an arrest. And it means that by the time most clients call our office, the arrest has already happened.
What happens in the first hours matters enormously. Here’s your priority list:
- Do not make any statements to police. You have the right to remain silent. Use it.
- Do not contact the alleged victim. A no-contact order may already be in place, and violating it is a separate criminal offense.
- Contact a criminal defense attorney immediately. The sooner your attorney is engaged, the more options remain on the table.
Nevada’s No-Drop Policy: The Alleged Victim Can’t Save You
Even after arrest, many people believe — or are told by the alleged victim — that if she or he calls the prosecutor’s office and says they don’t want to press charges, the case will go away. This is not how Nevada domestic violence law works. Clark County prosecutes domestic violence cases aggressively under a “no-drop” policy. The State — not the alleged victim — decides whether to proceed with prosecution.
Why? Because Nevada law recognizes that many domestic violence victims recant out of fear, financial dependency, or emotional pressure — not because the incident didn’t occur. The prosecution evaluates the physical evidence, officer observations, and prior history independently of the victim’s current wishes.
This is exactly why experienced legal representation matters so much. The prosecution’s case may rest entirely on the officer’s observations, photos of injuries, or prior 911 calls. An attorney can challenge each piece of that evidence. Visit our battery domestic violence defense page for an overview of how we approach these cases.
Battery Domestic Violence (BDV): Understanding the Charge
Nevada’s most commonly charged domestic violence offense is battery domestic violence (BDV), defined under NRS 200.485. “Battery” in Nevada means any willful and unlawful use of force or violence upon the person of another. In the domestic context, this includes hitting, slapping, pushing, grabbing, kicking, or any other physical contact made without consent.
“Domestic” refers to the relationship between the parties. The law applies to current or former spouses, current or former dating partners, people who share or shared a household, co-parents, and certain other family relationships.
A first-offense BDV is a misdemeanor in Nevada, but the penalties are significant:
- 2 days to 6 months in jail (or 48–120 hours of community service)
- Fines of $200 to $1,000
- Mandatory attendance at a 6-month, state-certified domestic violence counseling program
- A no-contact order for the duration of the case, and possibly beyond
- Loss of the right to possess firearms under federal law (Lautenberg Amendment)
- Potential immigration consequences for non-citizens
A second BDV conviction within 7 years is still a misdemeanor but carries mandatory jail time. A third conviction within 7 years is a Category C felony, carrying 1 to 5 years in Nevada State Prison.
| The federal Lautenberg Amendment means that any misdemeanor domestic violence conviction — even a first offense — permanently strips you of your Second Amendment rights under federal law. This consequence is lifetime and cannot be undone by a pardon or record sealing under current federal law. |
Protection Orders: What They Mean and What Happens If You Violate One
In virtually every domestic violence arrest in Las Vegas, Henderson, and North Las Vegas, the court will issue some form of protection order. There are two types:
- Emergency Protection Order (EPO): Issued by law enforcement at the time of arrest, typically lasting 72 hours.
- Temporary Protection Order (TPO) or Extended Protection Order (EPO): Requested by the alleged victim and issued by a court, lasting up to 1 year or longer.
Violating a protection order is a separate criminal offense under NRS 33.100. Even seemingly innocent contact — a text message, a phone call, asking a mutual friend to deliver a message — can result in additional charges. If a protection order is in place, comply with it absolutely, even if the alleged victim initiates contact with you. Our protection order violations page explains the consequences in detail.
False Allegations: They Happen, and They Can Be Defeated
In my 30+ years of practice in Clark County, I’ve defended many clients against domestic violence charges that were rooted in false or exaggerated allegations. Domestic disputes are inherently emotional, and sometimes accusations arise from anger, jealousy, contested custody situations, or manipulation. The criminal justice system doesn’t always distinguish clearly between truth and accusation on its own.
Common indicators of false allegations that we investigate include:
- No physical injuries or medical records consistent with the alleged assault
- The alleged victim has a financial, custody, or personal motive to make accusations
- Witness accounts that contradict the alleged victim’s version of events
- Text messages, call logs, or social media posts that undercut the credibility of the allegation
- Prior false reports or inconsistent statements made to police
Our dedicated false allegations defense page outlines how we approach these cases. The short version: we investigate aggressively, subpoena all available evidence, and hold the prosecution to its burden of proof.
Building Your Defense: Key Strategies
Every domestic violence case is different. The defense we build depends entirely on the specific facts, the available evidence, and the relationship dynamics. Common defense strategies include:
Self-Defense
Nevada law permits the use of force to defend yourself from unlawful physical force. If you were acting in self-defense during a physical altercation and the other party called police first, that does not make you the aggressor. We investigate these situations carefully, including documenting any injuries you sustained.
Lack of Intent / Accident
Battery requires a willful use of force. If contact was accidental — bumping into someone during an argument, for example — it does not meet the legal definition of battery. Context matters, and we present it fully.
Challenging the Sufficiency of Evidence
The prosecution bears the burden of proving every element of the offense beyond a reasonable doubt. If the only evidence is the word of the alleged victim, and that testimony is inconsistent, uncorroborated, or contradicted by physical evidence, a conviction is not guaranteed.
Negotiating Reduced Charges
Even when the evidence is strong, negotiating a reduction to a lesser offense — such as simple battery without the domestic violence enhancement — can make a significant difference in consequences, particularly regarding the federal firearms prohibition.
What Happens to Your Children
Domestic violence charges often intersect with family court. If you share children with the alleged victim, a criminal domestic violence case can directly affect custody and visitation. Family courts in Clark County take note of criminal proceedings. An experienced attorney who understands both criminal and family law — or who works closely with family law counsel — is essential to protecting your parental rights while defending the criminal case.
The Long-Term Consequences You May Not Have Considered
Beyond jail and fines, a domestic violence conviction in Nevada carries cascading consequences that affect nearly every aspect of your life:
- Employment: Many employers conduct background checks and have policies against hiring individuals with domestic violence convictions. This is particularly true in healthcare, education, law enforcement, and financial services.
- Professional licenses: Nevada licensing boards for nurses, real estate agents, contractors, and many other professions consider criminal history.
- Housing: Landlords in Las Vegas, Henderson, and North Las Vegas routinely screen for criminal history.
- Federal firearms ban: As discussed above, even a misdemeanor conviction permanently eliminates your right to own or possess firearms.
- Immigration: Domestic violence convictions can trigger deportation or bar naturalization for non-citizens.
Serving Las Vegas, Henderson, and North Las Vegas
Attorney Michael Gowdey has handled domestic violence cases throughout Clark County for over 30 years. We appear regularly in Las Vegas Justice Court, Henderson Justice Court, North Las Vegas Justice Court, and Clark County District Court, and we know the prosecutors and judges who handle these cases.
A domestic violence charge is not just a legal problem — it’s a personal crisis. We treat our clients with respect, explain their options clearly, and fight hard for outcomes that protect their futures. Contact us today at gowdeylaw.com/contact or visit our criminal defense overview to learn more.
| Free Case Analysis Available — Law Offices of Michael I. Gowdey, Ltd. | Serving Las Vegas, Henderson & North Las Vegas | gowdeylaw.com/contact |