Domestic Violence

Domestic Violence

Domestic Violence are crimes against a domestic partner, which can be a spouse, former spouse, roommate, someone you are currently or used to be dating, and more. Domestic Violence crimes can be charged as either a misdemeanor or felony depending on the severity of the conduct and the accused’s prior criminal history. Domestic Violence charges also carry serious penalties, such as loss of gun right, and a minimum of 20 days in jail (even when it’s just a misdemeanor). Misdemeanor convictions have to stay on your record for at least seven years, and sometimes, they can never be removed.


It’s very important to contact an attorney because we can give you the best possible chances of having your case dismissed. Many people think that when the victim doesn’t want to press charges or testify in court that the case will go away, but the reality is that people can (and often are) convicted of these crimes even when the victim doesn’t testify. If you or someone you know has been charged with Domestic Violence or any type of domestic crime, contact LippLaw today for a free consultation to discuss your rights.

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Frequently Asked Questions

  • What is the simple explanation of Battery Domestic Violence?

    There are basically 2 elements to a Battery Domestic Violence charge:


    1. A “Battery” – an intentional and unlawful physical touching of another (for a more in-depth explanation of “battery,” please click here.); and
    2. There is a family or other close relationship between the accused and the victim.

  • What kind of relationships are "domestic"?

    Essentially, any family or other close relationship, such as:


    • Spouses, whether current or former;
    • Any relatives, whether related by blood or marriage;
    • Significant others, whether current or former (this includes co-parents of a child);
    • Housemates, even if not romantically involved;
    • The victim is under the guardianship of the accused.

  • What is "intentional and unlawful touching"?

    Without going through the entire legal definition of “battery,” this is nothing more than a touching that the accused did not have reason to commit, and the victim did not want.


    Please Note: A battery does not require injury, or even personal contact. A puff of smoke, blown directly into someone’s face, can be considered a battery.


    Please Also Note: Even if the contact is unintentional, so long as the “act” was intentional, a battery has been committed. A punch thrown with the expectation that it would miss is still a battery if it, in fact, connects with the victim.

  • What if the victim doesn't want to press charges?

    Often, the victim of Domestic Violence will either not want to press charges, or will take back or “recant” what they said.


    However, prosecutors can still continue with charges against the accused. Generally, if someone accuses their significant other, spouse, or guardian of domestic violence, prosecutors will assume that the original accusations are true and will likely suspect that the accuser recanted because:


    • They made up with the accused and does not want to further anger them or see them prosecuted;
    • They are afraid that they will have to testify in court;
    • They are afraid of the ramifications of prosecuting the other person, either because they need the accused out of jail to help support the family or because they are afraid of what friends or family of the accused may do to them.

    If the prosecutor believes that they have enough evidence to proceed with the BDV charges against the accused in order to protect the victim from further abuse. Unfortunately, if the victim recants, it often means that there will not be enough evidence to prosecute the accused.


    Please Note: If the prosecutor subpoenas the victim and the victim chooses not to show up to the trial, the Judge has the ability to issue a bench warrant. Similarly, if the victim will not testify, then the Judge has the ability to hold the victim in contempt of court. Generally, however, Judge’s are not likely to issue such warrants or hold victims in contempt of court.


    Please Also Note: If the victim gives a statement to the police and then at trial the victim provides a different story, then the prosecutor can enter your original statement into evidence as a “prior inconsistent statement.” This will allow the Judge to consider both statements when ruling.

  • Is there anything else I should be aware of if I've been convicted of BDV?

    There are two other issues that you should be aware of:


    Restraining Orders – Victims of BDV often seek to get Restraining Orders against the accused. Restraining orders are extremely routine in Nevada. There are two types:

    • Temporary protective orders (TPOs) which may last up to 1 months; and
    • Extended protective orders, which may last for up to one year.

    Restraining Orders are often granted in without even hearing the accused’s side of the story. Generally, the accused will then request a hearing after the order takes effect.


    Please Note: The accused will be required to surrender their firearms.


    Please Also Note: Violation of a restraining order are a misdemeanor and will carry penalties of up to 6 months in jail and/or up to $1,000 in fines.


    BDV charges can have drastic ramifications in child custody disputes. Courts will be hesitant to award custody rights to a parent with a BDV conviction.

  • Is there anything else I should know?

    It is very important to understand that Battery Domestic Violence can also be charged as a federal crime.


    The federal charge of Battery Domestic Violence is similar to the Nevada State Crime, but has two additional elements:

    • The accused either travelled across state lines, either to or from Nevada as a part of the crime; and
    • The accused and the victim need to be involved in a current romantic relationship.

    It is important to note that under the federal law, exes cannot be charged with Battery Domestic Violence. Guardianship is also an improper relationship for a Battery Domestic Violence charge.

Penalties

What you need to know

Okay, so what are the penalties?

As noted above, the penalties for domestic battery depend largely on whether this is your first, second, or third offense in the previous 7 years.


The penalties are also largely dependent on the circumstances of your arrest.


What about probation?

In Nevada, Judges are not allowed to grant probation for Battery Domestic Violence. However, judges do have the discretion to “suspend” the jail sentence so long as the convicted participates in BDV counseling or drug counseling. Judges are not likely to grant such leeway unless except for first-time offenders. Also, the Judge can remove the suspension even after the convicted party has missed only 1 BDV class.


Generally speaking, in Nevada first-time offenders will often be allowed a plea-bargain which substitutes the above-listed penalties with:


  • A $430 fine;
  • 48 hours of Community Service;
  • Domestic Violence Counseling; and
  • A 30-day suspended jail sentence that will only be imposed if the convicted party fails to stay out of trouble until all of the other terms have been satisfied and the case is closed.


For a First-time (within the last 7 years), where there was no strangulation, no use of a deadly weapon, and no substantial bodily harm:


The crime will be charged as a misdemeanor, and will carry with it a penalty of:


  • Between 2 days and 6 months in jail; and
  • Possible fines between $200 and $1,000; and
  • Between 48 and 120 hours of community service; and
  • Domestic violence counseling for at least 1 ½ hours per week for between 6 and 12 months, at the expense of the convicted party.

Please Note: For the ‘first offense,’ the judge can approve intermittent jail time, which allows the convicted party to fulfill their jail time in blocks of time, so long as each block of time is at least 4 hours.

For a Second-time (within the last 7 years), where there was no strangulation, no use of a deadly weapon, and no substantial harm to the victim:


The crime will be charged as a misdemeanor, and will carry with it a penalty of:


  • Between 10 days and 6 months in jail; and
  • Possible fines between $500 and $1,000; and
  • Between 100 and 200 hours of community service; and
  • Domestic Violence counseling for at least 1 ½ hours per week for between 6 and 12 months, at the expense of the convicted party.

For a Third-time (within the last 7 years), where there was no strangulation, no use of a deadly weapon, and no substantial harm to the victim:


The crime will be charged as a category C felony, and will carry with it a penalty of:

  • Between 1 and 5 years in a Nevada State Prison;
  • Possible fines up to $10,000, at the Judge’s discretion.

For any BDV involving strangulation, the crime will be charged as a category C felony, and will carry with it a penalty of:

  • Between 1 and 5 years in a Nevada State Prison;
  • Fines up to $15,000.

For any BDV involving substantial bodily harm, but with no deadly weapon, the crime will be charged as a category C felony, and will carry with it a penalty of:

  • Between 1 and 5 years in a Nevada State Prison;
  • Fines up to $10,000.

For any BDV involving the use of a deadly weapon, but no substantial bodily harm, the crime will be charged as a category B felony, and will carry with it a penalty of:

  • Between 2 and 10 years in a Nevada State Prison;
  • Fines up to $10,000.

For any BDV involving the use of a deadly weapon and substantial bodily harm, the crime will be charged as a category B felony, and will carry with it a penalty of:

  • Between 2 and 15 years in a Nevada State Prison;
  • Fines up to $10,000.

Defense

If you have been charged with BDV, there are a few possible defenses that may apply to your situation:

Accident

The first element in a Battery Domestic Violence charge requires an intentional touching. If the accused did not intend an act that might lead to a physical touching, then there was no battery. However, if you were to commit an act with the intent that you would not cause such a touching, but with the knowledge that you might, then the act may be a battery.

Self-Inflicted

There are many cases where the supposed victim is trying to either ‘get back’ at their significant other, or they are trying to gain leverage in a child custody battle. In some of these cases, an expert may be able to prove that the injuries were self-inflicted. If the ‘victim’ inflicted the wounds on themselves then there was no battery, and the charges should be dropped or dismissed.

False Allegations

As with the self-inflicted defense, if the ‘victim’ is accusing someone of battery and there is no evidence of any such battery beyond the ‘victim’s’ word, then there is likely not enough evidence to support the charge and it should be dropped or dismissed.

Self Defense

If the battery that you committed was done because you believed it was necessary to avoid imminent injury or harm to yourself or someone else. However, the force that you used must not have been more than was necessary to protect yourself. If you can show that you used appropriate force to avoid imminent harm to yourself or someone else, then the charges against you should be dropped or dismissed.

Related Laws

Laws as defined by the NRS and explanations

Assault and Battery Laws

  • NRS 200.471 - Assault: Definitions; penalties

     1.  As used in this section:

          (a) “Assault” means:

                (1) Unlawfully attempting to use physical force against another person; or

                (2) Intentionally placing another person in reasonable apprehension of immediate bodily harm.

                      (b) “Fire-fighting agency” has the meaning ascribed to it in NRS 239B.020.

                      (c) “Officer” means:

                (1) A person who possesses some or all of the powers of a peace officer;

                (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

                (3) A member of a volunteer fire department;

                (4) A jailer, guard or other correctional officer of a city or county jail;

                (5) A prosecuting attorney of an agency or political subdivision of the United States or of this State;

                (6) A justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including a person acting pro tempore in a capacity listed in this subparagraph;

                (7) An employee of this State or a political subdivision of this State whose official duties require the employee to make home visits;

                (8) A civilian employee or a volunteer of a law enforcement agency whose official duties require the employee or volunteer to:

                      (I) Interact with the public;

                      (II) Perform tasks related to law enforcement; and

                      (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the law enforcement agency;

                (9) A civilian employee or a volunteer of a fire-fighting agency whose official duties require the employee or volunteer to:

                      (I) Interact with the public;

                      (II) Perform tasks related to fire fighting or fire prevention; and

                      (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the fire-fighting agency; or

                (10) A civilian employee or volunteer of this State or a political subdivision of this State whose official duties require the employee or volunteer to:

                      (I) Interact with the public;

                      (II) Perform tasks related to code enforcement; and

                      (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for this State or a political subdivision of this State.

          (d) “Provider of health care” means a physician, a medical student, a perfusionist or a physician assistant licensed pursuant to chapter 630 of NRS, a practitioner of respiratory care, a homeopathic physician, an advanced practitioner of homeopathy, a homeopathic assistant, an osteopathic physician, a physician assistant licensed pursuant to chapter 633 of NRS, a podiatric physician, a podiatry hygienist, a physical therapist, a medical laboratory technician, an optometrist, a chiropractic physician, a chiropractic assistant, a doctor of Oriental medicine, a nurse, a student nurse, a certified nursing assistant, a nursing assistant trainee, a medication aide - certified, a dentist, a dental student, a dental hygienist, a dental hygienist student, a pharmacist, a pharmacy student, an intern pharmacist, an attendant on an ambulance or air ambulance, a psychologist, a social worker, a marriage and family therapist, a marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor intern, a licensed dietitian, the holder of a license or a limited license issued under the provisions of chapter 653 of NRS, an emergency medical technician, an advanced emergency medical technician and a paramedic.

          (e) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100 or 391.281.

          (f) “Sporting event” has the meaning ascribed to it in NRS 41.630.

          (g) “Sports official” has the meaning ascribed to it in NRS 41.630.

          (h) “Taxicab” has the meaning ascribed to it in NRS 706.8816.

          (i) “Taxicab driver” means a person who operates a taxicab.

          (j) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.


    2.  A person convicted of an assault shall be punished:

          (a) If paragraph (c) or (d) does not apply to the circumstances of the crime and the assault is not made with the use of a deadly weapon or the present ability to use a deadly weapon, for a misdemeanor.

          (b) If the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

          (c) If paragraph (d) does not apply to the circumstances of the crime and if the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event and the person charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a gross misdemeanor, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

          (d) If the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event by a probationer, a prisoner who is in lawful custody or confinement or a parolee, and the probationer, prisoner or parolee charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a category D felony as provided in NRS 193.130, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

  • NRS 200.481 - Battery: Definitions; penalties.

    1.  As used in this section:

          (a) “Battery” means any willful and unlawful use of force or violence upon the person of another.

          (b) “Child” means a person less than 18 years of age.

          (c) “Fire-fighting agency” has the meaning ascribed to it in NRS 239B.020.

          (d) “Officer” means:

                (1) A person who possesses some or all of the powers of a peace officer;

                (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

                (3) A member of a volunteer fire department;

                (4) A jailer, guard, matron or other correctional officer of a city or county jail or detention facility;

                (5) A prosecuting attorney of an agency or political subdivision of the United States or of this State;

                (6) A justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including, without limitation, a person acting pro tempore in a capacity listed in this subparagraph;

                (7) An employee of this State or a political subdivision of this State whose official duties require the employee to make home visits;

                (8) A civilian employee or a volunteer of a law enforcement agency whose official duties require the employee or volunteer to:

                      (I) Interact with the public;

                      (II) Perform tasks related to law enforcement; and

                      (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the law enforcement agency;

                (9) A civilian employee or a volunteer of a fire-fighting agency whose official duties require the employee or volunteer to:

                      (I) Interact with the public;

                      (II) Perform tasks related to fire fighting or fire prevention; and

                      (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the fire-fighting agency; or

                (10) A civilian employee or volunteer of this State or a political subdivision of this State whose official duties require the employee or volunteer to:

                      (I) Interact with the public;

                      (II) Perform tasks related to code enforcement; and

                      (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for this State or a political subdivision of this State.

          (e) “Provider of health care” has the meaning ascribed to it in NRS 200.471.

          (f) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100 or 391.281.

          (g) “Sporting event” has the meaning ascribed to it in NRS 41.630.

          (h) “Sports official” has the meaning ascribed to it in NRS 41.630.

          (i) “Strangulation” means intentionally impeding the normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person in a manner that creates a risk of death or substantial bodily harm.

          (j) “Taxicab” has the meaning ascribed to it in NRS 706.8816.

          (k) “Taxicab driver” means a person who operates a taxicab.

          (l) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.


    2.  Except as otherwise provided in NRS 200.485, a person convicted of a battery, other than a battery committed by an adult upon a child which constitutes child abuse, shall be punished:

          (a) If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, except under circumstances where a greater penalty is provided in this section or NRS 197.090, for a misdemeanor.

          (b) If the battery is not committed with a deadly weapon, and either substantial bodily harm to the victim results or the battery is committed by strangulation, for a category C felony as provided in NRS 193.130.

          (c) If:

                (1) The battery is committed upon an officer, provider of health care, school employee, taxicab driver or transit operator who was performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event;

                (2) The officer, provider of health care, school employee, taxicab driver, transit operator or sports official suffers substantial bodily harm or the battery is committed by strangulation; and

                (3) The person charged knew or should have known that the victim was an officer, provider of health care, school employee, taxicab driver, transit operator or sports official,

          for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

          (d) If the battery is committed upon an officer, provider of health care, school employee, taxicab driver or transit operator who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event and the person charged knew or should have known that the victim was an officer, provider of health care, school employee, taxicab driver, transit operator or sports official, for a gross misdemeanor, except under circumstances where a greater penalty is provided in this section.

          (e) If the battery is committed with the use of a deadly weapon, and:

                (1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

                (2) Substantial bodily harm to the victim results or the battery is committed by strangulation, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $10,000.

          (f) If the battery is committed by a probationer, a prisoner who is in lawful custody or confinement or a parolee, without the use of a deadly weapon, whether or not substantial bodily harm results and whether or not the battery is committed by strangulation, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.

          (g) If the battery is committed by a probationer, a prisoner who is in lawful custody or confinement or a parolee, with the use of a deadly weapon, and:

                (1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years.

                (2) Substantial bodily harm to the victim results or the battery is committed by strangulation, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years.

  • NRS 200.485 - Battery which constitutes domestic violence

    1.  Unless a greater penalty is provided pursuant to subsections 2 to 5, inclusive, or NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018:

          (a) For the first offense within 7 years, is guilty of a misdemeanor and shall be punished by:

                (1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and

                (2) Perform not less than 48 hours, but not more than 120 hours, of community service.

          The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 12 consecutive hours and must occur at a time when the person is not required to be at his or her place of employment or on a weekend.

          (b) For the second offense within 7 years, is guilty of a misdemeanor and shall be punished by:

                (1) Imprisonment in the city or county jail or detention facility for not less than 20 days, but not more than 6 months; and

                (2) Perform not less than 100 hours, but not more than 200 hours, of community service.

           The person shall be further punished by a fine of not less than $500, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must not be less than 12 consecutive hours and must occur at a time when the person is not required to be at his or her place of employment or on a weekend.

          (c) For the third offense within 7 years, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not less than $1,000, but not more than $5,000.


    2.  Unless a greater penalty is provided pursuant to subsection 3 or NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, if the battery is committed by strangulation as described in NRS 200.481, is guilty of a category C felony and shall be punished as provided in NRS 193.130.


    3.  Unless a greater penalty is provided pursuant to NRS 200.481, a person who has been previously convicted of:

          (a) A felony that constitutes domestic violence pursuant to NRS 33.018;

          (b) A battery which constitutes domestic violence pursuant to NRS 33.018, if the battery is committed with the use of a deadly weapon as described in NRS 200.481; or

          (c) A violation of the law of any other jurisdiction that prohibits the same or similar conduct set forth in paragraph (a) or (b),

           and who commits a battery which constitutes domestic violence pursuant to NRS 33.018 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and shall be further punished by a fine of not less than $2,000, but not more than $5,000.


    4.  Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, if the battery is committed against a victim who was pregnant at the time of the battery and the person knew or should have known that the victim was pregnant:

          (a) For the first offense, is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not less than 20 days and may be further punished by a fine of not less than $500, but not more than $1,000.

          (b) For the second or any subsequent offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison of a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not less than $1,000, but not more than $5,000.


    5.  Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, if the battery causes substantial bodily harm, is guilty of a category B felony and shall be punished by imprisonment in the state prison of a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not less than $1,000, but not more than $5,000.


    6.  In addition to any other penalty, if a person is convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, the court shall:

          (a) For the first offense within 7 years, require the person to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.

          (b) For the second offense within 7 years, require the person to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 12 months, at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.

    > If the person resides in this State but the nearest location at which counseling services are available is in another state, the court may allow the person to participate in counseling in the other state in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.


    7.  Except as otherwise provided in this subsection, an offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section:

          (a) When evidenced by a conviction; or

          (b) If the offense is conditionally dismissed or the judgment of conviction is set aside pursuant to NRS 176A.240, 176A.260 or 176A.290 or dismissed in connection with successful completion of a diversionary program or specialty court program,

    > without regard to the sequence of the offenses and convictions. An offense which is listed in paragraph (a), (b) or (c) of subsection 3 that occurred on any date preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.


    8.  In addition to any other penalty, the court may require such a person to participate, at his or her expense, in a program of treatment for an alcohol or other substance use disorder that has been certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.


    9.  If it appears from information presented to the court that a child under the age of 18 years may need counseling as a result of the commission of a battery which constitutes domestic violence pursuant to NRS 33.018, the court may refer the child to an agency which provides child welfare services. If the court refers a child to an agency which provides child welfare services, the court shall require the person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 to reimburse the agency for the costs of any services provided, to the extent of the convicted person’s ability to pay.


    10.  If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018 that is punishable as a misdemeanor and may prohibit the person from owning, possessing or having under his or her control or custody any firearm pursuant to NRS 202.360, the person is entitled to a trial by jury pursuant to subsection 1 of NRS 175.011, regardless of whether the person was previously prohibited from owning, possessing or having under his or her control or custody any firearm pursuant to NRS 202.360.


    11.  A court:

          (a) Except as otherwise provided in paragraph (b), shall not grant probation to or suspend the sentence of a person described in subsection 10.

          (b) May grant probation to or suspend the sentence of a person described in subsection 10:

                (1) As set forth in NRS 4.373 and 5.055; or

                (2) To assign the person to a program for the treatment of veterans and members of the military pursuant to NRS 176A.290 if the charge is for a first offense punishable as a misdemeanor.


    12.  In every judgment of conviction or admonishment of rights issued pursuant to this section, the court shall:

          (a) Inform the person convicted that he or she is prohibited from owning, possessing or having under his or her custody or control any firearm pursuant to NRS 202.360; and

          (b) Order the person convicted to permanently surrender, sell or transfer any firearm that he or she owns or that is in his or her possession or under his or her custody or control in the manner set forth in NRS 202.361.


    13.  A person who violates any provision included in a judgment of conviction or admonishment of rights issued pursuant to this section concerning the surrender, sale, transfer, ownership, possession, custody or control of a firearm is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000. The court must include in the judgment of conviction or admonishment of rights a statement that a violation of such a provision in the judgment or admonishment is a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.


    14.  As used in this section:

          (a) “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

          (b) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.

          (c) “Offense” includes a battery which constitutes domestic violence pursuant to NRS 33.018 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct.

  • NRS 200.490 - Provoking assault

    Every person who shall, by word, sign or gesture, willfully provoke, or attempt to provoke, another person to commit an assault shall be punished by a fine of not more than $500.


          [Part 1911 C&P § 150; RL § 6415; NCL § 10097]—(NRS A 1967, 473)

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