Nevada Family Law on Domestic Violence

Crimes involving abuse are demeaning and destructive. Abuse crimes that involve domestic violence are even worse, as they involve a betrayal of trust. There is nothing good that comes from the abuse of a member of one’s family, and the state of Nevada has laws in place to protect victims and punish abusers.

Having an understanding of how Nevada‘s domestic violence statutes work can help those in need gain access to protections provided by the state. This article will focus on what domestic violence is, who it affects, and how to escape the vicious cycle of abuse. For a deeper dive into the laws themselves, take a look at FindLaw’s Nevada Domestic Violence Laws article.

Breaking Down Nevada Family Law on Domestic Violence

The ripples from domestic violence crimes reach beyond the victim and abuser, affecting those around them as well. Family violence can seem inescapable, but Nevada has safeguards in place to help victims. The first step toward safety is knowing what domestic violence is.

Domestic Violence and Family Law in Nevada: What Is It?

Nevada‘s definition of domestic violence states that it occurs when someone commits a qualifying criminal act against a person they share a specific relationship with. The mention of domestic violence can conjure images of physical assault and bodily injuries, but there are many different types of domestic abuse.

No matter what form it takes, domestic violence is about control. Abusers in domestic violence cases use threats, intimidation, financial coercion, isolation, and more to take away a victim’s personal liberty and freedom.

Under Nevada law, crimes committed by using certain types of abuse are considered domestic violence. These can have enhanced penalties and enable protections for victims. The forms of abuse are:

• Assault
• False imprisonment
• Pandering
• Battery
• Coercion
• Sexual abuse/assault
• Harassment that may include, but is not limited to:
  • Arson
  • Burglary
  • Carrying a concealed weapon without a permit
  • Injuring or killing an animal
  • Destruction of private property
  • Larceny
  • Home invasion
  • Stalking
  • Trespassing

Charges and penalties depend on the crime committed. Battery is a serious crime by itself, but charges are more severe if it’s domestic violence or in violation of an order of protection.

Domestic Violence and Family Law in Nevada: Who Can Be Involved?

Domestic abuse is terrible for many reasons, but that it’s often between members of the same family makes it horrific. For domestic violence charges to be applicable in Nevada, a certain subset of people must be involved. Both the victim and the abuser must fall under one of the following classifications for the state to consider an act a domestic violence crime:

• A spouse or a former spouse
• Anyone related by consanguinity (blood family). This does not include siblings or cousins unless they share a custodial/guardianship relationship.
• Anyone related by marriage (step-family or in-laws)
• A minor child of those involved
• Anyone who they have a child in common with
• A minor child or anyone appointed as the custodian or legal guardian for the minor child
• Anyone they reside with for reasons other than contractual, who is considered a significant other – a roommate would not qualify
• Anyone they are in a dating relationship with at an intimate level or have dated at an intimate level – subject to ruling by the court

A crime is still a crime, regardless of whether it’s considered domestic violence or not. An assault charge between two people without a qualifying relationship will still be prosecuted.

Protections Against Domestic Violence Under Family Law in Nevada

Aside from the incarceration of an abuser, a victim’s best line of defense comes in the form of a Nevada domestic violence Order for Protection (OFP). OFPs will list situation-specific conditions that the abuser must comply with. Let’s take a look at the different types of domestic violence restraining orders available in Nevada.

Nevada Domestic Violence Ex Parte Orders for Protection

Victims who believe they’re in immediate danger from their abuser have access to temporary relief available in an ex parte order for protection. Also known as an emergency OFP, this goes into effect as soon as the courts rule it necessary. Unlike a regular OFP, the courts don’t hear from the abuser, also known as the adverse party.

Applicants file a confidential ex parte petition through the court in their jurisdiction. The court will rule on a temporary OFP within one day. If approved, the temporary order grants any or all of the following:

• The abuser must leave your residence and not return
• The abuser can’t contact you at work, school, or other named locations
• The abuser is forbidden to commit any harassment, injury, or threats to you or your minor child by themselves or through an agent
• Temporary legal custody of children, although the court will always consider the best interests of the child in any child custody case
• The abuser cannot injure or threaten to injure any shared animal
• Anything else the court deems necessary

An ex parte OFP is temporary, lasting either 45 days or until the case hearing. If law enforcement is unable to serve the adverse party, the case hearing will be held within 45 days after the OFP is scheduled to end.

Nevada Domestic Violence Extended Orders For Protection

An extended OFP is similar to a temporary OFP but has a longer duration and the potential for stronger restrictions. Filing an OFP also acts as an emergency OFP, granting you protection until the case hearing. If your extended OFP application is approved, the hearing will be within 45 days.

At the case hearing, both the applicant and the adverse party give their side of what happened. Evidence can be presented and witnesses called to testify. If the court grants the extended OFP, the duration can be up to two years.

An extended OFP offers a broader range of protections. In addition to the conditions imposed by a temporary OFP, an extended OFP can require the following:

• The applicant is granted permanent custody of the child or children and requires the abuser to pay child support
• The abuser turns over to law enforcement or sells/transfers any firearms to a licensed firearm dealer within 24 hours of service of the order for protection
• The abuser cannot buy or possess a firearm while the order for protection is in effect
• The abuser must provide reimbursement for lost earnings and expenses due to attendance at hearings
• The abuser must provide reimbursement for costs and fees associated with the order of protection
• The abuser must abide by established visitation arrangements and required supervision by a third party if necessary
• The abuser is required to make rental or mortgage payments on the residence where the applicant is living
• Any arrangements required for the possession and care of any shared animal

An extended OFP issued by a family court or a justice court can be appealed in the district court.

Nevada High-Risk Behavior Protection Order

Also limited to those who qualify as domestic violence victims, this court order, known as a “Red Flag Protective Order (RFPO),” is designed to get firearms away from those considered a threat. Much like an emergency OFP, a ruling comes within one day.

An RFPO lasts for seven days or until an extended order is requested. The order can be extended for up to a year.

Penalties for Violations of Domestic Violence OFPs in Nevada

Violations of domestic abuse OFPs in Nevada carry strict penalties that can affect such things as parental rights in a custody battle. High-risk OFP violations are class B felonies with between one to six years in prison and a fine of up to $5,000.

Intentional first-time violations of other OFPs are a misdemeanor, subject to up to six months in jail, a fine of up to $1,000, or both. A second violation is a gross misdemeanor, with up to a year in jail, a fine of up to $2,000, or both.

Any violation of an extended protection order after two occurrences is a category D felony with between one to four years in prison, a fine of up to $5,000, or both. Penalties can be charged for each act used to violate an OFP. If a felony is committed in violation of any OFP, the offender faces an additional one to 20 years in state prison, depending on the crime.

Nevada Family Law on Domestic Violence: Additional Resources

• Find a Court in Nevada
• Nevada Protection Order Court Contacts (.pdf)
• National Domestic Violence Hotline (800.799.7233)
• VINELink – Custody and Criminal Charge Lookup in Nevada
• Getting Help With Domestic Violence

Domestic Violence Issues in Nevada? Speak to an Attorney

Domestic abuse has no place in our world, but that doesn’t keep it from existing. If you are a victim of domestic violence and are in immediate danger, call 911. Once you’re safe, consider speaking with a Nevada family law attorney to ensure you’re getting all the protections available.

Las Vegas may be famous for gambling, but defending against domestic violence charges shouldn’t be left to luck. A Nevada criminal defense attorney can give you legal advice after studying your case. Their legal assistance can explain your options and be your legal representative if necessary.