BUREAUS CRIMES AGAINST YOUTH & FAMILY
DOMESTIC VIOLENCE: THE LAW
Bureaus > Crimes Against Youth & Family > Domestic Violence > The Law
DEFINITION
Domestic violence is a physical altercation between two individuals who are related by blood or marriage, who reside together and/or have a child in common (NRS 171.1225). It is a misdemeanor crime unless the victim receives injuries resulting in hospitalization, short-term or permanent impairment. Domestic violence is the only misdemeanor crime that can result in an immediate arrest, even if an officer does not witness the offense. Once the primary physical aggressor has been identified, an arrest may be made up to 24 hours after the battery occurred. In Nevada, domestic violence becomes a felony if the suspect has had three offenses within seven years.
THE LAW
As defined by NRS 33.018, domestic violence occurs when a person commits one of the following acts against or upon his/her spouse, former spouse, any other person to whom he/she is related by blood or marriage, a person with whom is or was actually residing, a person with whom he/she has had or is having a dating relationship, a person with whom he/she has a child in common, the minor child of any of those persons or his/her minor child:
(a) A battery-physical violence, such as
- Hitting
- Punching
- Slapping
- Kicking
- Biting
- Choking
(b) An assault-threat to inflict injury with an apparent ability to do so. Any intentional display of force that would give a person reason to fear or expect immediate bodily harm.
(c) Compelling the other by force or threat of force to perform an act from which he/she has the right to perform.
(d) A sexual assault, such as:
(e) A knowing, purposeful or reckless course of conduct intended to harass the other. Such conduct may include, but is not limited to:
- Stalking
- Arson
- Trespassing
- Larceny
- Destruction of private property
- Carrying a concealed weapon without a permit.
(f) A false imprisonment.
(g) Unlawful entry of the other's residence, or forcible entry against the other's will if there is a reasonably foreseeable risk of harm to the other fro m the entry.
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