Understanding the Legal Definition of Domestic Violence in Nevada

The definition of domestic violence is slightly different in every state. In Nevada, this definition is based on two factors: the actions in question and the relationship you have with the victim. If you are charged with domestic violence, one defense you may have is that your actions don’t fall under the legal definition of this crime.

But exactly what is the legal definition of domestic violence in Nevada? Here’s what you need to know.

Actions Included in Nevada’s Domestic Violence Definition

Domestic violence includes a wide variety of actions in Nevada. You can potentially be charged with domestic violence if you do any of the following:

• Assault someone

• Batter someone

• Perform certain types of coercion

• Sexually assault someone

• Stalk someone

• Commit arson

• Trespass on another person’s property

• Take someone’s private property

• Destroy private property

• Harm someone’s pet or livestock

• Harass someone

• Kidnap someone

• Falsely imprison someone

These activities typically fall into several different categories of offenses. However, keep in mind that whether an action constitutes domestic violence is determined by the relationship you have with the victim of the offense.

Victim Relationships Covered by Domestic Violence Laws

To be charged with domestic violence in Nevada, you must usually share one of the following relationships with the victim of the crime:

• Currently married

• Previously been married

• Currently dating

• Previously dated

• Share a child, even if you never previously had a dating relationship

• Related directly by blood, such as with parents and children

• Serving as the legal guardian of the victim

Blood relatives of your spouse can also fall under this definition. Siblings, cousins, and other indirect relationships, though, are not usually included, unless you have a legal guardian relationship with them.

Protective Order Violations

It’s important to note that, if there is a protective order issued against you, you may be legally considered to have performed domestic violence if you violate that protective order. This can be true even when the actions involved in violating that order might not count as domestic violence otherwise.

If you are served with a protective order, you need to understand exactly what that order covers. The courts take violations of protective orders seriously, even when they aren’t intentional. An experienced criminal defense attorney can help you understand what a protective order entails and may even be able to get a court to dismiss it.

Penalties for Domestic Violence Convictions in Las Vegas

Because domestic violence is such a broad category of crimes, the penalties involved can differ significantly in Las Vegas. These penalties primarily depend on how many previous convictions you have for this crime in the past seven years and whether there were any aggravating factors.

Aggravating Factors

The most common aggravating factors in domestic violence cases tend to be:

• Use of a deadly weapon

• Battery against a pregnant victim

• Causing significant bodily harm

• Strangling the victim

Each of these aggravating factors can automatically increase the charge to a felony, except for harming a pregnant victim. If the charges are for a first offense against a pregnant victim, it may raise the crime to a gross misdemeanor. Later offenses, though, can increase it to a felony.

Without aggravating factors, the first and second offenses of domestic battery are often charged as misdemeanors that can result in up to a six-month jail sentence and a $1,000 fine. The third offense and beyond is generally a felony, which can be penalized by up to six years in prison and a $5,000 fine.

Protective Orders

Violations of a protective order are penalized slightly differently. In most cases, the first offense is a misdemeanor that can result in up to six months in jail. A second offense is charged as a gross misdemeanor, which can result in up to a year of jail time and $2,000 in fines. 

Finally, a third offense or beyond is generally charged as a felony that can result in up to four years in prison.

Firearm Rights

One of the more significant penalties associated with all domestic violence convictions is the loss of your right to own a firearm. Typically, misdemeanor penalties don’t result in the loss of firearm privileges. 

However, in Nevada, any conviction for domestic violence typically results in an automatic loss of firearm privileges, and possessing a firearm after that can result in felony charges.

Turn to a Skilled Las Vegas Criminal Defense Attorney Today

If you’ve been arrested for domestic violence charges or were served with a protective order in Las Vegas, you need a dedicated advocate on your side. A conviction for a domestic violence offense or violation of a protective order can result in jail time and the permanent loss of your right to own a firearm.

The DUI Doctor can help you understand the law and your rights after an arrest. Our team is committed to safeguarding the constitutional rights of Nevada citizens, and we believe one mistake should not define your future. Contact us today to schedule a free consultation with a seasoned criminal defense attorney.