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Being charged with domestic battery is one of the most serious and emotionally charged situations under Nevada law. These domestic violence cases often begin with a call to the police, a quick arrest, and the immediate issue of a no-contact order that prevents any communication between the accused and the alleged victim—even when both parties want to reconcile.
At The Defense Firm, our former prosecutor and experienced criminal defense attorney understands the devastating consequences of these allegations. From bond conditions to restraining orders, we help clients restore contact, challenge false claims, and fight for their freedom.
Understanding Domestic Battery Charges
In Nevada, domestic battery—sometimes referred to as domestic violence—is defined as the unlawful physical contact with a family or household member that results in bodily harm or causes fear of physical injury. The alleged crime can be charged as a first-degree misdemeanor or a third-degree felony, depending on the facts, the severity of injuries, and whether aggravated domestic battery or the use of a weapon is involved.
A family member includes spouses, former spouses, persons related by blood, those living in the same single dwelling unit, and even people who have children together. Because of how broadly Nevada law defines a “family or household member,” many cases involve misunderstandings or disputes that never should have resulted in criminal prosecution.
The Role of the No-Contact Order
Once a person is arrested for domestic violence, a no-contact order is almost automatically issued by the criminal court during the first appearance hearing. This court order prohibits the accused from contacting or coming near the alleged victim, even indirectly through text, social media, or e-mail.
Violating this contract order is considered a separate criminal charge and can result in immediate jail time or the revocation of bond. These orders can also affect child custody or visitation rights, making it vital to act quickly.
Our criminal defense lawyers often petition the court to modify or lift these restrictions once the alleged victim requests contact or expresses a desire to resume communication. We present compelling arguments showing that the order prohibits family unity and that both parties seek reconciliation.
Fighting for Bond Relief and Release
After an arrest, the first appearance or bond hearing determines whether you can be released and under what conditions. The judge may set a high bond amount or order no contact between the involved parties.
Our defense attorneys work aggressively to secure bond relief, allowing clients to be released on their own recognizance or under reasonable bond conditions. We show the court that you are not a threat, that future violence is unlikely, and that you deserve the chance to continue working and supporting your family while the case proceeds.
Why You Need an Experienced Domestic Battery Lawyer
The state attorney’s office assigns specialized prosecutors to handle domestic violence offenses, making these cases especially difficult to dismiss. A single statement from an alleged victim, even without other evidence, can be enough for charges to move forward.
Our defense team understands how to navigate these criminal offenses. We analyze the probable cause for your arrest, question the credibility of witnesses, and examine whether physical harm or bodily injury actually occurred. In some situations, we demonstrate that the incident was a mutual altercation, an accident, or the result of false imprisonment or provocation.
By exposing inconsistencies in the arresting officer’s report and reviewing other evidence, our attorneys fight to have your case dismissed or reduced through a diversion program or negotiated plea.
Collateral Consequences of a Domestic Violence Charge
A domestic violence charge carries consequences that extend beyond the criminal case. A convicted felon may lose the right to possess firearms, face employment and housing barriers, and endure long-term restraining orders. Even without a guilty verdict, the presence of a criminal record can damage your reputation and limit future opportunities.
If the court deems continued restrictions unnecessary, we can request modification or removal of the restraining order and guide you through restoring contact with your loved ones.
Prosecuting Domestic Violence Cases: The Challenges
Prosecuting domestic violence cases often depends on the testimony of the alleged victim. However, when that person changes their statement or refuses to cooperate, the prosecution may still move forward using other evidence such as photos, medical records, or police reports.
Our role as defense attorneys is to ensure that the state attorney’s office meets its full burden of proof. We challenge probable cause, highlight inconsistent witness statements, and emphasize your legal rights under the Constitution.
Aggravated and Related Offenses
Certain factors can escalate domestic violence to aggravated domestic battery, sexual battery, or aggravated assault. These offenses are prosecuted as felonies, often carrying mandatory jail time and enhanced penalties.
If the alleged victim expresses no fear or requests contact, our team moves swiftly to prove that continued restrictions are unnecessary and that justice requires balance, not punishment.
FAQ
What is a no-contact order?
A no-contact order prevents communication with the alleged victim until modified by the court. Violating it can lead to a separate criminal offense.
Can a no-contact order be lifted?
Yes, if the alleged victim requests contact and the court deems it safe, your attorney can file a motion to lift or amend the order.
What happens at the first appearance hearing?
The judge reviews probable cause, sets bond, and imposes initial restrictions such as no contact or house arrest.
Will my case go to trial?
Not always. Many domestic violence cases are dismissed or resolved through diversion programs once evidence is reviewed by the criminal defense lawyer.
Conclusion
A domestic battery arrest does not define you. With the right legal representation, you can fight back, protect your future, and rebuild your life.
At The Defense Firm, our former prosecutor and dedicated defense attorneys understand the complexity of domestic violence charges and the human stories behind them. Whether it’s securing bond relief, challenging no-contact orders, or achieving a case dismissal, we are committed to defending your freedom.
Contact us today for a free consultation. Let us help you protect your rights, your family, and your future.