What Does It Mean to Be Charged with Domestic Battery?

Different acts may be considered domestic violence. Specifically, domestic battery applies to willful and unlawful use of force or offensive touching. A domestic battery charge can lead to harsh penalties and personal hardships for everyone involved. Even if the alleged victim does not want to press charges, the state may choose to move forward with a domestic violence case.

Working with skilled Las Vegas domestic violence lawyers and knowing how to navigate the legal system can help you protect your rights after you are accused of battery domestic violence (BDV).

What Is the Definition of Domestic Battery?

According to Nevada domestic violence law, battery that constitutes domestic violence occurs when a person intentionally or purposefully uses physical force against any of these parties:

A spouse
A former spouse
Any other person related by blood or marriage
Any person with whom you have a dating relationship
Any person with whom you have a child
The minor child of any of these persons
Your minor child
Any person appointed as legal guardian or custodian of your child

However, there are exceptions. Siblings and cousins are generally not included unless there is a custodial or guardianship relationship with the defendant.

When it comes to domestic battery, the court will determine if there was intent behind the act. It does not matter if the person actually meant to hurt their family member. Rather, the critical factor is whether the person intentionally committed the act that may or may not have injured the alleged victim.

Examples of Domestic Battery

Domestic battery involves harmful or offensive touching that happens in anger or a disrespectful manner. Under this definition, you may still be accused of domestic battery when there is no injury or actual bodily harm caused by the touching. If unwanted force was intentionally used in the incident, it could be considered BDV.

To show the range of domestic battery offenses, here are some examples:

A wife slaps her husband’s face in anger.
A man shoves his minor child into a car.
A person spits on their ex-spouse.
A husband forcefully tugs on his wife’s clothing.
An ex-girlfriend throws a drink on her ex-boyfriend.

What Are the Penalties for a Domestic Battery Charge in Nevada?

Penalties for BDV will depend on whether it is the first or a subsequent offense within seven years, along with several other factors. The first or second domestic battery conviction in seven years is considered a misdemeanor in Nevada. The third offense within seven years is a category B felony.

The penalties for domestic battery in Nevada include:

First BDV

Two days to six months in city or county jail
Fine of $200-$1,000
48-120 hours of community service

Second BDV

20 days to six months in city or county jail
Fine of $500-$1,000
100-200 hours of community service

Third BDV

1-6 years in state prison
Fine of $1,000-$5,000

There are additional or more severe penalties if the battery includes aggravating factors, such as strangulation or the use of a deadly weapon. Additionally, penalties are harsher if the battery was against someone who was pregnant and the defendant knew or should have known about the pregnancy.

What To Do If You’re Charged with Domestic Battery in Las Vegas

If you are arrested for domestic battery in Las Vegas, you will likely feel overwhelmed and confused about what to do next. The most important thing to remember is that being arrested or charged with domestic battery does not automatically mean you will be convicted. You have rights, and there are steps you can take to help with your case.

1. Seek Legal Counsel

The first step is to speak with an experienced domestic violence attorney. A legal professional will understand the complexities of these situations and know how to move forward with your case. They will also provide legal guidance to help you avoid missteps during official proceedings.

2. Document Your Injuries

When possible, take pictures and document any injuries you may have sustained during the incident. Showing that you were harmed may help to prove that you were acting in self-defense rather than willfully.

3. Do Not Violate a Protective Order

Domestic violence arrests often come with protective or restraining orders in Las Vegas. You will likely be prohibited from contacting or being within a certain proximity of the alleged victim.

It is absolutely critical that you do not violate the terms of the protective order during this time. Even if the person tries to contact you, you must avoid all communication until your attorney files a motion to modify the order.

4. Work With Your Attorney to Build Your Defense

Be open with your lawyers and give them as many details as possible about the altercation. Knowing your side of the story will help them build a strong defense and reveal the truth of what happened.

Possible Defenses to a Domestic Battery Charge

Your defense attorney will use evidence to try to get your domestic battery charges dismissed or reduced. Effective defenses in these cases often include:

You were acting in self-defense: You were attempting to protect yourself from harm or injury caused by the other person.
What happened was an honest accident: What appeared to be intentional force may have been a real accident that could not be avoided.
You were falsely accused of domestic violence: Domestic battery involves emotionally charged situations that may lead to false or exaggerated accusations.

Speak With an Experienced Attorney for Domestic Violence in Las Vegas

At Domestic Violence Lawyers of Las Vegas, we know every case is unique, and we tailor our defense strategy to the facts of your situation. We have extensive experience in dissecting domestic violence evidence and seeking expert testimony to assist with your defense.

If you are charged with domestic battery in Las Vegas, contact our knowledgeable attorneys to schedule a free consultation. We are ready to help you get through this difficult time and move forward with your life.