Domestic Violence

Criminal Defense

Domestic Violence

Battery Constituting Domestic Violence or Domestic Violence Battery - NRS 200.485

Battery Constituting Domestic Violence is a Battery on any of the following:

A spouse;
A former spouse;
Any person related by blood or marriage;
Your child’s other parent;
Your child’s half-siblings;
The appointed legal guardian or custodian of your child’s half-siblings; and
Anyone you have or had a dating relationship. Nevada law defines a dating relationship as an intimate association characterized by the expectation of affectional or sexual involvement. NRS 33.018.

In 2017, the law changed so that people you live or lived with are no longer automatically considered victims of domestic violence.
In 2020, the Nevada Supreme Court ruled that defendants are entitled to a jury for domestic violence charges.
It is important to have an attorney who is up to date on the law; contact us to start your domestic violence defense plan.

What is a Battery?

“Battery” means any willful and unlawful use of force or violence on another person. Battery includes:

Kicking;
Punching;
Hitting;
Biting;
Pushing;
Tripping;
Grabbing; and
Any other form of body contact.

There does not need to be any physical or lasting injury to be charged with battery constituting domestic violence.

The Police & Battery Constituting Domestic Violence.

Unlike simple battery (not domestic), when a person makes a report of being the victim of domestic violence, the police are required by law to investigate and make an arrest if able. Therefore, it does not matter if the alleged victim changes her mind about “pressing charges”. Once the 911 call is made, the police must investigate.

Based on a single allegation, a person can be arrested and charged with domestic violence battery. Your Defenders at Law have found that these allegations are often false. Unfortunately, people in these situations quickly learn how easy it is to be charged with a crime that they did not commit.

Punishment for Battery Constituting Domestic Violence.

If it is the first or second offense, Battery Constituting Domestic Violence is generally a misdemeanor.

The first offense for Domestic Violence Battery is a misdemeanor punishable by:

2 days to 180 days in jail;
$200 to $1000 fine;
48 to 120 hours of community service; and
26 to 52 weeks of counseling for 90 minutes a week and paid for by the defendant.

A second offense for Domestic Violence Battery within 7 years is a misdemeanor punishable by:

10 days to 180 days in jail;
$500 to $1000 fine;
100 to 200 hours of community service; and
26 to 52 weeks of counseling for 90 minutes a week and paid for by the defendant.

A third offense for Domestic Violence Battery within 7 years is a Category C felony and punishable by:

1 to 5 years in prison, and
up to a $10,000 fine.

Other Situations can cause a Domestic Violence Battery to be Charged as a Felony.

Domestic Violence by Strangulation (Category C felony)
Domestic Violence with Substantial Bodily Harm but no Weapon (Category C felony).
Domestic Violence with a Deadly Weapon but no Substantial Bodily Harm (Category B felony).
Domestic Violence with a Deadly Weapon and Substantial Bodily Harm (Category B felony).

In addition, people charged with domestic violence often face additional charges including:

Coercion
Kidnapping
False Imprisonment

Alleged victims of domestic violence may seek protective orders in family court. Jherna Shahani, Esq. can defend you against those as well.

Defenses to Battery Constituting Domestic Violence.

1) Self-Defense

You can defend yourself if you reasonably believe you are facing an urgent or pressing threat of bodily harm, and use no more force then necessary to protect yourself.

2) Accidental Contact

A person who does not intend to make contact with the victim is not guilty of battery domestic violence. In other words, if the contact is accidental, then the charge should not stand.

3) False Statements

If you did not commit battery, but the alleged victim made false statements to the police, then you are not guilty of battery constituting domestic violence. A skilled attorney is necessary to show the court that the alleged victim is lying and the court should not believe her statements.

Jherna Shahani Can Help!

If you have been arrested for battery domestic violence in Las Vegas, Henderson, Clark County, Laughlin, Mesquite, Pahrump, Boulder City, or elsewhere, call Your Domestic Violence Defender at 702-625-7551 for a FREE consultation.

You will receive loyalty, skill, personal attention, and care no matter what; it is just that important.