Nevada Domestic Violence Laws

Domestic abuse can destroy everything it touches. To put a stop to domestic violence, it’s necessary to know everything about it. This article provides answers to many common questions on the subject of domestic abuse. Read on for a better understanding of how Nevada law deals with acts of domestic violence.

How does Nevada define domestic violence?

Nevada considers domestic abuse to be when one member of a family or a household commits a specific crime of domestic violence against another family or household member. Rather than standalone charges, domestic violence is attached to applicable offenses. This often increases the penalties and makes certain protections available to the victim.

While a court may rule that an offense doesn’t qualify to be considered domestic violence, it’s still open to prosecution. For example, assault between two strangers may not be domestic abuse, but it’s still a crime.

Which crimes qualify as domestic violence in Nevada?

There are many different types of abuse involved in domestic violence cases, but the underlying connection between them all is control. Abusers hold power over their victims through means such as physical abuse, emotional abuse, isolation, intimidation, and financial control, to name a few.

The crimes charged will depend on the act or acts of domestic violence committed, which are:

• Harassment
• Arson
• Burglary
• Carrying a concealed weapon without a permit
• Home invasion
• Larceny
• Stalking
• Trespassing
• Destruction of private property
• Injuring or killing an animal
• Assault/substantial bodily harm
• False imprisonment
• Pandering
• Battery
• Coercion
• Sexual abuse/assault

Abusers face stiff penalties for violating a Nevada Order for Protection (OFP), including extra prison time and mandatory domestic violence education courses. Domestic violence charges only apply when committed between people in certain relationships.

Who can be involved in a crime of domestic violence in Nevada?

In a better world, the answer would be nobody because domestic abuse wouldn’t exist. That’s not the case. Domestic violence occurs between people who are considered to be members of the same family or household. The specific relationships that qualify are:

• Spouses
• Former spouses
• People related by consanguinity (blood family)
• In-laws
• Step-family
• People in a relationship who live together or have lived together
• Significant others who have an intimate dating relationship or had an intimate dating relationship (subject to ruling by a court)
• People who have a child in common
• A person and their minor child, or the child’s legal guardian

There are notable exceptions to the list. Siblings and cousins don’t qualify unless there is a guardianship/custodial relationship. Roommates and other contractual-based relationships also don’t fall under the domestic violence header.

Nevada laws surrounding the who and what of domestic violence are complex and complicated. FindLaw’s Nevada Family Law on Domestic Violence article offers an in-depth breakdown of what you need to know about how they work.

I’m in a bad situation with an abuser and need to get out. Who can help?

The safety of you and your loved ones is important to both Nevada and other relief providers. Your options will depend on your situation.

The National Domestic Violence Hotline (800.799.7233) has a wealth of resources. They can help you design a safety plan to help you at any phase in your abusive relationship. Closer to home, both the Nevada Courts Self-Help site and the Nevada Coalition To End Domestic and Sexual Violence (NCEDSV) can point you toward resources and legal aid.

If you’re suffering physical abuse or feel that you’re in imminent danger of physical assault and bodily injury, call your local law enforcement. Officers will arrest the abuser if there are signs of abuse.

I’m suffering domestic abuse. What can I do?

There are a number of protections in Nevada available to victims of domestic violence crimes. Orders for Protection (OFP), issued by Nevada courts, offer relief from abuse through restrictions tailored to your situation. Which one you’ll need depends on your level of peril. Let’s examine what’s available and which one might be right for you.

Temporary (Ex Parte) Order for Protection (OFP)

An ex parte OFP is necessary when you believe you and your loved ones are in immediate danger from your abuser. After filing a confidential petition with the court in your jurisdiction, you’ll know within one day if your temporary OFP is approved. The court will not contact your abuser while making their decision.

If approved, your abuser will be served by law enforcement. You should never, ever serve an OFP to your abuser yourself. As soon as the emergency OFP goes into effect, you are covered by protections for the risks you’re facing. These can include the abuser:

• Not committing any harassment, injury, or threats to you or your minor child by themselves or through an agent
• Leaving your residence and not returning
• Not injuring or threatening to injure any shared animal
• Not contacting you at work, school, or other named locations
• Surrendering temporary legal custody of children, although the court will always consider the best interests of the child in any child custody case
• Anything else the court deems necessary

The emergency OFP lasts for 45 days or until the case hearing, whichever comes first. This can be extended to 90 days if the police have trouble serving your abuser, known as the adverse party.

Extended Order for Protection (OFP)

For an extended OFP to go into effect, there must be a case hearing at a bench trial between the petitioner and the adverse party. The petitioner files a form that requests more information than required for the emergency OFP. If an extended OFP is the only thing the petitioner files, it becomes a temporary OFP once the case date hearing is set.

At the case hearing, both sides present their side of the story. Evidence can be provided and witnesses called. If the court rules in favor of the petitioner, the OFP will be extended for up to two years. Extended OFPs offer additional protections and rights for the victim. Abusers may be required to attend domestic violence counseling and perform hours of community service.

High-Risk Protection Order

Also known as a red flag order, domestic violence victims can file a high-risk protection order when they believe their abuser having access to a firearm is a danger to themselves and others. If enacted, the adverse party has 24 hours to surrender all of their firearms. Like other OFPs, the petitioner can file to make it extended. Violation of this order is a misdemeanor.

What keeps an abuser from ignoring an OFP?

Violations of OFPs are a big deal in Nevada. Each violation carries charges in addition to those stemming from the crimes committed. These range from a misdemeanor for the first offense, a gross misdemeanor for a second offense, and a category D felony for either a third offense or for offenses like battery constituting domestic violence or strangulation.

Punishments for a felony with a deadly weapon are severe as well. A felony committed as a violation of any OFP is subject to between one and 20 years in state prison, in addition to the penalty for the underlying crime.

There are other types of protective orders available in Nevada that are not just for domestic violence cases. FindLaw’s Nevada Protective Orders Laws article provides a thorough examination of what protective orders Nevada has to offer.

I’ve got an extended OFP in place, but I have to go to a different county. Am I still covered?

Any OFP issued in Nevada is required to be entered into the Repository for Information Concerning Orders for Protection in the Central Repository for Nevada Records of Criminal History. This means it will be available for law enforcement anywhere in Nevada. Still, it’s always a good idea to keep a copy of your OFP with you at all times.

No matter where you travel within the United States, its territories, or tribal lands, your OFP is valid. This is due to the Violence Against Women Act (VAWA), which offers other protections as well as full faith and credit for OFPs at the federal level.

I don’t want my abusive ex to find my new residence. Can the state of Nevada help?

The Nevada Confidential Address Program (CAP) is designed to help those who have suffered abuse from domestic violence or other means. It provides the victim with a fictitious address and confidential mail forwarding services. This allows the victim to keep their public records private, such as voting registration.

I want to get far away from my abuser, but there’s a lease on our residence. What can I do?

Under Nevada law, victims of domestic violence, harassment, sexual assault, or stalking have the right to terminate their lease with 30 days’ notice to their landlord. This is done without penalties for breach of contract. They are required to cover the rent for 30 days, which can be done using any outstanding prepaid rent, such as a security deposit. The landlord can request to see the court orders and OFPs.

If the victim wishes to instead stay in the dwelling and have the locks changed, the landlord is required to do so. This is done at the victim’s expense. The landlord cannot supply a key to the adverse party, even if they’re still on the lease.

Nevada Domestic Violence Laws: A Summary

There’s been a lot of information thrown at you. The table below provides a recap of important points along with links to the Nevada statutes affected by domestic violence crimes.

Note: The state laws of Nevada are subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information, please consult a Nevada domestic violence attorney or conduct legal research to verify Nevada state laws.

Nevada Domestic Violence Laws: Additional Resources

• Domestic Violence: Orders of Protection and Restraining Orders
• Stopping Domestic Violence
• National Domestic Violence Hotline (800.799.7233)
• Nevada Protection Order Court Contacts (.pdf)
• Find a Court in Nevada
• Nevada Coalition To End Domestic and Sexual Violence

Dealing With Domestic Violence in Nevada? An Attorney Can Help

Domestic violence crimes are heartbreaking because, in addition to the acts of domestic violence themselves, there’s a betrayal of trust from a domestic relationship. Along with state and volunteer aid, a victim of domestic violence should consider getting legal advice from a Nevada family law attorney. It can help pave your road to freedom.

A domestic violence conviction can destroy your future. If you’re facing criminal charges and jail time for child abuse, sexual assault, or any other criminal charges for domestic violence, contact a Nevada criminal defense attorney.

Within the attorney-client relationship, they can examine the claims of the alleged victim, work with your criminal record, and determine if there’s reasonable doubt or self-defense involved with the things you’re accused of. A defense lawyer who’s an expert in criminal justice and criminal cases can help keep you out of a Nevada state prison.