Domestic Violence

Domestic Violence occurs when a person commits a battery, assault, coercion, burglary, or home invasion upon another to whom he/she is:

• Related by blood or marriage
• Having a dating relationship or,
• Has a child in common or,
• Upon his/her minor child

Under Nevada law, police officers are required to arrest a person when they have probable cause to believe that a person has, within the last 24 hours, committed an act of domestic battery. Further, a person arrested for an act of domestic violence cannot be admitted to bail prior to serving a 12-hour cooling-off period.

Penalties and Sentencing

In the event the defendant is found guilty of domestic battery, the judge will then decide the appropriate sentence. Before doing so, however, the victim will be given an opportunity to address the Court about the defendant and the impact of this crime upon the victim.

Penalties For First Offense

• A minimum of 2 days, but not more than 6 months, in the Elko County Jail
• A minimum of 48 hours, but not more than 120 hours, of community service
• A minimum fine of $200 plus assessments, but not more than $1,000 plus assessments
• Participation in weekly domestic violence counseling sessions of not less than 1 ½ hours per week for not less than 6 months, but not more than 12 months, at the defendant's expense
• $35 domestic violence assessment fee

Penalties For Second Offense Within Seven Years

• A minimum of 20 days, but not more than 6 months, in the Elko County Jail
• A minimum of 100 hours, but not more than 200 hours, of community service
• A minimum fine of $500 plus assessments, but not more than $1,000 plus assessments
• Participation in weekly domestic violence counseling sessions of not less than 1 ½ hours a week for not less than 12 months at the defendant's expense
• $35 domestic violence assessment fee

Penalties For Third Offense Within Seven Years

• A category B felony punishable by a sentence of probation or imprisonment in the Nevada State Prison for not less than 1 year, nor more than 5 years.
• A fine of not less than $1,000 but more than $5,000.