Hello. My name is Michael Gowdey.
I have been a lawyer for over 30 years right here in Nevada. My team and I have won awards, but those plaques on the wall aren’t what matters. What matters is the relief I see in a client’s eyes when I tell them, “We can fix this.”
If you are reading this, you are probably having one of the worst weeks of your life. Maybe you got into a shouting match that went too far. Maybe a neighbor called 911 because they heard a loud noise. Or maybe—and I see this often—you are being accused of something you simply did not do.
In Las Vegas, Henderson, and North Las Vegas, Domestic Violence (or “Domestic Battery”) is not just a misunderstanding. It is a crime that the state takes personally.
I wrote this guide to help you. I want to talk to you like a neighbor, not a textbook. I want to explain exactly what you are facing and how we can fight back to protect your freedom and your family.
Key Takeaways
- You Can’t Just “Drop” It: Even if your partner wants to drop the charges, they usually can’t. The State of Nevada picks up the case, not the victim.
- Mandatory Jail: Even a first offense carries mandatory jail time (or community service) and months of counseling if convicted.
- The Gun Ban: A conviction for misdemeanor domestic violence will likely ban you from owning a firearm for life under federal law.
- Custody Risks: Nevada law assumes a parent who committed domestic violence should not have custody of children. This can ruin your family law case.
- We Can Help: We have over 30 years of experience finding the holes in the police report.
What Is Domestic Battery in Nevada (NRS 200.485)?
In Nevada, we don’t just call it “abuse.” The legal term is Battery Constituting Domestic Violence (BDV).
To be charged with this, two things must happen:
- Battery: Any willful and unlawful use of force. This doesn’t mean you punched someone. It can be a shove, a grab of the wrist, or throwing a phone that hits them.
- Relationship: The person must be a spouse, ex-spouse, someone you have a child with, a dating partner, or a relative.
A Stat Few People Talk About: You might think arrests only happen when there are bruises. That is not true. In 2024, the Las Vegas Metropolitan Police Department (LVMPD) recorded nearly 17,898 domestic violence reports. That is a huge number. And here is the scary part: In many of those cases, the “primary aggressor” was determined in just a few minutes by an officer who wasn’t there when the fight started.
Why Did the Police Arrest Me If It Was Just an Argument?
This is the most common question I hear. “Michael, she didn’t even want me arrested! Why did they take me?”
Nevada follows a rule called Primary Aggressor. When police show up to a domestic call, they usually must arrest someone. They are trained to identify who they think started it or who posed the biggest threat.
The 12-Hour Cooling Off Period Once the handcuffs go on, you are not coming home immediately. In Clark County, there is a mandatory 12-hour hold for domestic violence arrests. You cannot bail out until that clock runs out. The law wants to ensure you don’t go back home and start the fight again.
This is why you need to call The Law Offices of Michael I. Gowdey, Ltd. immediately. While you are sitting in that cell, we can be preparing your defense for when you get out.
Can the Victim Drop the Domestic Violence Charges?
No. This is the biggest myth in criminal law.
In TV shows, the victim walks into the station and says, “I forgive him,” and the police tear up the report. In real life, that does not happen. Once the police file the report, the District Attorney (DA) takes over. The case becomes State of Nevada vs. You. The victim is just a witness.
Why? The “No Drop” policy exists because victims are often scared or pressured to drop charges. The state decides to move forward to “protect” the victim, even if the victim says nothing happened.
However, a reluctant victim makes the prosecutor’s job much harder. If the main witness won’t testify, or tells the truth that it was an accident, we can use that to push for a dismissal.
What Are the Penalties for Domestic Violence in Las Vegas?
The penalties in Nevada are strict. They get worse every time you get in trouble. Here is the breakdown under NRS 200.485.
First Offense (Misdemeanor)
If you have no prior convictions in the last 7 years:
- Jail: 2 days to 6 months (often converted to community service).
- Community Service: 48 to 120 hours.
- Counseling: 26 weeks (6 months) of weekly Domestic Violence classes.
- Fines: Up to $1,000.
Second Offense (Misdemeanor)
If this is your second conviction in 7 years:
- Jail: 10 days to 6 months (Mandatory jail time).
- Community Service: 100 to 200 hours.
- Counseling: 52 weeks (1 year) of weekly classes.
- Fines: Up to $1,000.
Third Offense (Category B Felony)
This is where it gets life-changing. A third offense in 7 years is a Felony.
- Prison: 1 to 6 years in Nevada State Prison.
- Fine: Up to $5,000.
- No Probation: You generally must serve time.
Strangulation is Different: If the police accuse you of choking or strangling someone, that is automatically a Category C Felony, even if it is your first offense. This carries 1 to 5 years in prison.
Will I Lose My Gun Rights if Convicted?
I represent many clients who love to hunt, go to the range, or carry for self-defense. I have to be very honest with you: A domestic violence conviction is a career-killer for gun owners.
Under a federal law known as the Lautenberg Amendment, anyone convicted of a misdemeanor crime of domestic violence is banned for life from owning or possessing a firearm or ammunition.
- If you work security, you will lose your job.
- If you are in the military, you could be discharged.
- If you are a police officer, you will lose your badge.
This is why simply pleading “guilty” to get it over with is a terrible idea. We must fight to get the charge reduced to something that is not domestic violence, like simple battery or breach of peace, to save your gun rights.
How Does a Domestic Violence Charge Affect Child Custody?
My firm handles both Criminal Defense and Family Law. This gives us a huge advantage because we see the whole picture.
In Nevada, there is a rebuttable presumption against joint custody for perpetrators of domestic violence (NRS 125C.0035). What does that mean? It means if a judge decides you committed domestic violence, the law assumes it is unsafe for you to have custody of your kids. You might end up with only supervised visits.
A Scary Stat: According to data on false allegations, nearly 31% of false domestic violence accusations are made during a child custody battle. Some people use the police as a weapon to get the upper hand in a divorce. If you are going through a divorce and get arrested, you need a lawyer who can fight the criminal charge and protect your rights in family court. We do both.
Internal Link: Learn more about our Family Law services
What Defenses Do We Use to Fight These Charges?
Just because you were arrested does not mean you are guilty. Here are the defenses we use every day in Las Vegas courts:
1. Self-Defense
“She hit me first, and I grabbed her wrists to stop her.” That is not battery; that is self-defense. If you used reasonable force to protect yourself, you are not guilty. We look for defensive wounds (scratches on you) to prove this.
2. False Allegations
As I mentioned, people lie. They lie out of jealousy, anger, or to win a custody battle. We investigate the “victim’s” text messages and social media to find the truth.
3. Accident
“We were arguing and I tripped, and we both fell.” Battery requires intent. If the contact was accidental, it is not a crime.
4. Lack of Evidence
Often, there are no witnesses, no video, and no injuries. It is just “He said, She said.” In America, you are innocent until proven guilty. If the prosecutor cannot prove it beyond a reasonable doubt, the case should be dismissed.
Why Is It Important to Hire a Local Lawyer?
You might be searching for “lawyers near me” and finding big firms from other states. Aline and I have been in business for over 30 years right here.
We know the judges in the Henderson Justice Court. We know the prosecutors in the Las Vegas Municipal Court. We know that a judge in North Las Vegas might look at a case differently than a judge in Clark County.
Why Choose Us?
- Highly Rated: We have the reviews to back up our work.
- Award-Winning: Recognized for excellence in criminal defense.
- Family Law Focus: We understand the divorce/custody implications better than a lawyer who only does crime.
When you hire The Law Offices of Michael I. Gowdey, Ltd., you get a team that treats you like family. We don’t judge you. We defend you.
Internal Link: Contact us for a consultation today
Can I Seal My Domestic Violence Record?
If you are convicted, the record stays there. However, if we can get the case dismissed, you can seal it immediately.
If you are convicted of a misdemeanor domestic violence charge, you generally have to wait 7 years to seal your record. That is a long time to have a “red flag” on your background check. This is why fighting the conviction now is so important.
Key Takeaways
- Don’t Talk to Police: They are building a case against you. Be polite, but stay silent until you call us.
- Preserve Evidence: Take photos of any scratches or bruises you have immediately. Save text messages.
- The Gun Ban is Real: A conviction means a lifetime ban on firearms.
- It Impacts Custody: A DV conviction can cause you to lose your children.
- Experience Matters: 30 years of experience means we know how to negotiate with prosecutors to get charges reduced or dismissed.
10 Common Questions Asked to Lawyers in Las Vegas About Domestic Violence
- Can I just pay a fine and make it go away? No. Domestic violence charges require mandatory counseling and often community service. You cannot just “pay it off.”
- What if she hit me first? Then you may have a self-defense claim. However, you can only use enough force to stop the threat. If she slapped you and you punched her, self-defense might not apply.
- Will I go to jail for a first offense? While the law says 2 days to 6 months, in practice, we can often negotiate “suspended sentences.” This means you don’t go to jail if you complete the counseling and stay out of trouble.
- Can I contact my partner after I get out of jail? Probably not. The judge usually issues a “No Contact Order” or TPO. If you text them, call them, or go to the house, you can be arrested for a new crime.
- What is a “Trial by Jury” in a DV case? For a long time, misdemeanor DV cases in Nevada did not get a jury. But a recent Nevada Supreme Court ruling changed that because of the gun ban implications. You now have the right to a jury trial for misdemeanor domestic battery.
- Does emotional abuse count as domestic violence? In criminal court, usually no. Criminal domestic battery requires physical force. However, emotional abuse does count in Family Court for custody decisions.
- Can I be deported for domestic violence? Yes. Domestic violence is a deportable offense under US immigration law. If you are not a citizen, you need a lawyer immediately.
- What if the police didn’t read me my rights? This only matters if they questioned you after arresting you. If they did, we might be able to suppress your answers. But it doesn’t automatically dismiss the whole case.
- How much does a domestic violence lawyer cost? It varies based on the complexity of the case. But compared to the cost of losing your job, your gun rights, and your freedom, a lawyer is an essential investment.
- Can I own a gun if my case is “dismissed”? Yes! If the case is dismissed, you are not convicted, so the federal gun ban does not apply. This is why our goal is always dismissal or reduction to a non-DV charge.
We Are Here to Fight for Your Future
If you have been accused of domestic violence in Las Vegas, Henderson, or North Las Vegas, do not wait. The clock is ticking on your defense.
Contact The Law Offices of Michael I. Gowdey, Ltd. today. We have the experience you need and the reputation you can trust.
Visit us at https://gowdeylaw.com/
Sources:
- Nevada Revised Statutes (NRS) 200.485 – Battery Constituting Domestic Violence.
- Las Vegas Metropolitan Police Department (LVMPD) Annual Reports 2024.
- The Lautenberg Amendment (Federal Gun Ban).
- Coalition to End Domestic Violence (False Allegation Data).
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this does not create an attorney-client relationship. Past results do not guarantee future outcomes.