LAS VEGAS LAWYER FOR DV CHARGES

DOMESTIC VIOLENCE DEFENSE LAWYERS

Charged with Domestic Violence in Las Vegas? Know Your Rights and Defense Options​

If you have been arrested for Domestic Violence (DV) in Las Vegas, you are likely in a state of shock. One minute you were in an argument with a spouse or partner; the next, you were in handcuffs. You may feel confused, angry, or terrified about what this means for your job, your children, and your reputation.

Stop. Do not panic. Do not talk to the police.

You are not a statistic, and you are not a criminal. You are a person in a difficult situation, and The Vegas Lawyers are here to protect you.

Domestic violence charges are unlike any other crime in Nevada. The system is aggressive, often unfair, and designed to make arrests first and ask questions later. But you have rights.

Our team is led by Vegas domestic violence defense attorney, Tony Abbatangelo, the former Chief Judge of the Las Vegas Justice Court. We don’t just know the law; we know the specific judges who will hear your case and the prosecutors who are trying to convict you. We know exactly how to dismantle a domestic violence case because we used to be the ones signing the warrants.

Do not let a heated argument turn into a permanent conviction. The moment you hire us, we step in to shield you from the police and the courts. Call The Vegas Lawyers immediately at (702) 707-7000.

The "Mandatory Arrest" Reality: Why You Were Taken to Jail

Many of our clients ask us: “Why did the police arrest me when my partner didn’t even want to press charges?”

This is the most common misconception about Domestic Violence in Nevada. In our state, police officers generally operate under a “Mandatory Arrest” policy. If the police are called to a domestic disturbance and they find any evidence of a battery (even a minor scratch or redness), they are required by law to arrest the person they determine to be the “primary aggressor.”

  • The Victim Cannot “Drop” the Charges: Once the police make an arrest, the State of Nevada takes over the case. Your spouse or partner loses control. Even if they call the District Attorney and beg to have the case dismissed, the prosecutor will likely proceed.
  • The 12-Hour Hold: After a domestic violence arrest, there is a mandatory 12-hour “cooling off” period where you cannot bail out of jail. This is standard procedure, but it is terrifying.

This is where we come in. The system is on autopilot, moving you toward a conviction. We are the ones who slam on the brakes.

Why Choose The Vegas Lawyers?

In a city full of DV defense attorneys, why should you trust your future to us?

1. The “Former Judge” Advantage

Tony Abbatangelo served as the Chief Judge in Las Vegas. He has presided over thousands of Domestic Violence cases. He knows:

  • How easy it is for police to misidentify the “primary aggressor.”
  • How often “victims” exaggerate or fabricate stories to gain leverage in a divorce or custody battle.
  • Exactly what evidence a judge needs to see to dismiss a case.

Most defense lawyers can only guess what the judge is thinking. We know.

2. We Know the “No Drop” Policy (NRS 200.485)

Nevada law (NRS 200.485) makes it incredibly difficult for prosecutors to plea bargain domestic violence cases. Prosecutors are statutorily prohibited from reducing a DV charge to a lesser offense (like simple Battery) unless they can prove that the evidence is too weak to get a conviction.

  • What this means for you: A generic domestic violence defense lawyer who just “asks nicely” for a deal will fail.
  • What we do: We don’t ask; we force the issue. We aggressively attack the evidence to prove to the prosecutor that they will lose at trial. This is the only way to get a DV charge reduced or dismissed in Nevada.

3. We Protect Your Reputation

A DV charge carries a heavy social stigma. We handle your case with complete discretion. Our goal is to resolve this matter quietly and effectively so that your employer, your neighbors, and your family never have to know the details.

How We Defend You: Strategic Defenses That Work

Just because you were arrested does not mean you are guilty. Domestic violence cases are often “he-said, she-said” situations with little physical evidence. We use proven strategies to expose the truth.

Strategy 1: Self-Defense

This is the most common defense. In many DV  cases, our client was actually the victim, but because they were bigger, stronger, or male, the police assumed they were the aggressor.

  • Did your partner hit you first?
  • Were you trying to restrain them from hurting you or themselves?
  • We use body cam footage, 911 call audio, and photos of your own injuries (which police often ignore) to prove you were acting in self-defense.

Strategy 2: False Allegations & Ulterior Motives

Sadly, the legal system is often weaponized. Is your relationship ending? Is there a custody battle on the horizon?

  • We frequently see partners fabricating abuse allegations to get a “leg up” in family court. A DV conviction can guarantee them sole custody of the children.
  • We investigate the context of the accusation. We look at text messages, emails, and witness statements to show the jury that the accuser has a motive to lie.

Strategy 3: Accidental Contact

“Battery” requires intentional use of force. If you were arguing and you bumped into your partner, or you tried to leave the room and they grabbed you, that is not a crime. We work to show that any physical contact was incidental, not criminal.

Strategy 4: Lack of Evidence

If the only evidence is the accuser’s word, and they change their story (recant) or refuse to testify, the state’s case weakens significantly. While they can proceed without the victim, it is much harder. We know how to highlight these inconsistencies to make the prosecutor’s job impossible.

Immediate "Damage Control": What to Do Right Now

If you have just been released from jail, you are in a precarious position. One wrong move can send you back to jail without bail.

  1. Do NOT Contact the Victim

This is the most critical rule. A judge has likely issued a “No Contact Order” or a Temporary Protective Order (TPO).

  • Do not call them.
  • Do not text them.
  • Do not ask a friend to call them.
  • Even if they call you and say “I love you, come home,” DO NOT GO. This is often a trap, or simply a violation of the court order that will get you arrested, not them.
  1. Secure Your Digital Evidence

Save all text messages, emails, and social media interactions between you and the accuser from the days leading up to the arrest. These are often crucial in proving your innocence or showing their motive.

  1. Call Us Immediately

The sooner we get involved, the sooner we can intervene. We can often speak to the prosecutor before charges are formally filed, potentially stopping the case before it even starts.

The Penalties: What Is Really at Stake?

Nevada takes Domestic Violence (Battery Constituting Domestic Violence, or BDV) extremely seriously. The penalties escalate rapidly.

First Offense (Misdemeanor)

  • Jail: 2 days to 6 months. (We often negotiate this down to community service).
  • Community Service: 48 to 120 hours.
  • Fines: $200 to $1,000 plus administrative fees.
  • Counseling: Weekly domestic violence counseling for 6 to 12 months (at your expense).
  • Gun Rights: Permanent loss of gun rights under Federal Law (see below).

Second Offense (Misdemeanor)

  • Jail: 10 days to 6 months.
  • Community Service: 100 to 200 hours.
  • Fines: $500 to $1,000.
  • Counseling: Weekly counseling for 12 months.

Third Offense (Category B Felony)

  • If you have two prior convictions within 7 years, the third is a Felony.
  • Prison: 1 to 5 years in Nevada State Prison. (Probation is rarely granted).
  • Fines: Up to $10,000.

Domestic Violence by Strangulation (Felony)

If the accusation involves “choking” or restricting breathing, it is automatically charged as a Category C Felony, even for a first offense.

  • Prison: 1 to 5 years.
  • Fines: Up to $10,000.

The "Hidden" Consequences: It’s Not Just About Jail

The court penalties are bad, but the collateral consequences can destroy your life.

  1. The Federal Gun Ban (The Lautenberg Amendment)

This is the one that shocks most people. Under federal law, anyone convicted of a misdemeanor crime of domestic violence is banned from owning or possessing a firearm for life.

  • There are no exceptions for hunting, sport, or self-defense.
  • If your job requires you to carry a weapon (Police, Military, Security Guard), you will be fired.
  • This is why we fight so hard to get charges reduced to simple Battery or Breach of Peace, which do not trigger this ban.
  1. Child Custody

Nevada family courts operate under a presumption that a parent who has committed domestic violence should not have custody. A conviction can strip you of your parental rights and limit you to supervised visitation.

  1. Employment & Housing

A DV conviction shows up on every background check. It is considered a “crime of moral turpitude” and can disqualify you from professional licenses (nursing, real estate, law) and make it difficult to rent an apartment.

The Las Vegas Domestic Violence Process

Understanding the roadmap helps reduce the fear. Here is what to expect:

Step 1: The Arrest & TPO

You are arrested, held for 12 hours, and released. You are likely served with a Temporary Protective Order (TPO) preventing you from going home.

Step 2: The Arraignment

This is your first court date. We enter a “Not Guilty” plea on your behalf. In many cases, we can appear for you so you don’t have to miss work.

Step 3: The Pre-Trial Negotiations

We obtain the “Discovery” (police reports, photos, 911 calls). We investigate the evidence and identify the weaknesses. We meet with the District Attorney to demand a dismissal or a reduction in charges.

Step 4: The TPO Hearing

If the victim filed for an extended protective order, there will be a separate hearing in Family Court. We represent you here as well, fighting to ensure you aren’t kicked out of your home unfairly.

Step 5: Trial or Resolution

If we cannot get the dismissal or deal you deserve, we go to trial. We select a jury (or a judge for misdemeanors) and present your defense.

Frequently Asked Questions (FAQ)

No. In Nevada, the State picks up the charges, not the victim. Even if the victim signs a “non-prosecution” affidavit, the District Attorney can (and usually will) continue the case. However, an uncooperative victim makes the state’s case much harder to prove, which helps our defense.

Miranda rights only apply to custodial interrogation (questions asked after you are in custody). If the police asked you questions before arresting you, those answers can be used. However, if they questioned you after arresting you without reading your rights, we can have those specific statements thrown out.

It depends on the specific language of the order. Some orders protect only the spouse; others protect the children as well. Do not guess. Let us read the order and advise you. Violating a TPO is a separate crime that can land you in jail immediately.

Yes, unless it is sealed. If you are convicted, you must wait 7 years after the case closes to seal a misdemeanor. However, if we get the case dismissed, we can move to seal your record immediately, erasing the arrest as if it never happened.

This is the legal term for DV in Nevada. It requires a “domestic relationship” (spouse, dating, family, roommates) and a “battery” (unlawful physical force). It is important to note that you do not have to injure the person to be charged; a shove or a poke can be considered battery.

Not necessarily. Police are trained to look for the “primary aggressor,” not the “first caller.” However, 911 calls are critical evidence. If you called for help because you were being attacked, we use that recording to support your self-defense claim.

This happens constantly. Police often focus on the accuser’s injuries and ignore the accused’s. Take your own photos immediately. Photograph scratches, bruises, torn clothing, or broken property. This evidence is vital for your defense.

Your Future is Worth Fighting For. Call Us Now.

The decisions you make in the next 24 hours will affect the next 20 years of your life. Do not trust a public defender who is juggling 300 cases to save your reputation. Do not trust a “ticket fixer” lawyer to handle a complex domestic violence trial.

Trust the firm with the Former Chief Judge on the team. Trust the firm that knows the system from the inside out.

We are ready to listen to your side of the story. We are ready to fight for your freedom.

Call The Vegas Lawyers immediately at (702) 707-7000.

  • Free Confidential Consultation
  • Available 24/7
  • Se Habla Español

Let us stand between you and the State. We will get through this together.

702-707-3000

If you’ve been charged with domestic violence, representing yourself or being underrepresented can be catastrophic. Don’t risk your future when you don’t have to.

Our skilled legal team will fight to ensure you get the least amount of penalties possible under the circumstances. Contact us or give us a call at 702-707-3000 for your free initial consultation today.

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