DOMESTIC VIOLENCE ATTORNEY — LAS VEGAS, NV
DOMESTIC VIOLENCE ATTORNEYLAS VEGAS
AN ACCUSATION IS NOT A CONVICTION
A domestic violence charge can cost you your career, your firearm rights, your immigration status, and access to your children — before a court hears a single piece of evidence. As a domestic violence attorney in Las Vegas with 18+ years of experience, Thomas Boley defends the accused with the presumption of innocence the law guarantees you.
Arrest Is Mandatory in Nevada
Under NRS 171.137, if police find probable cause of a domestic battery within the past 24 hours, they MUST arrest someone — even if the accuser doesn't want to press charges. The decisions you make before arraignment will shape your entire case. Call now.
CHARGES WE DEFEND
EVERY TYPE OFDOMESTIC VIOLENCE CHARGE
Thomas Boley defends people accused of every type of domestic violence charge in Las Vegas, Henderson, North Las Vegas, and throughout Clark County — without judgment, with the presumption of innocence you are owed.
Battery Domestic Violence (BDV)
Nevada's most common domestic violence charge under NRS 200.485 — first, second, or third offense. Any intentional, unwanted physical contact against a spouse, ex-partner, family member, or cohabitant can be charged as BDV, even without visible injury.
Strangulation
An allegation of BDV by strangulation is a category C felony in Nevada — even on a first offense. Prosecutors charge it aggressively, sometimes based solely on the accuser's statement with no supporting medical evidence.
DV With a Deadly Weapon
When an object — a firearm, a knife, or even an ordinary household item — is alleged to have been used during a domestic incident, charges escalate to a felony with mandatory prison exposure. What qualifies as a "deadly weapon" is frequently disputed in these cases.
Violation of Protection Orders
Violating a temporary or extended protection order under NRS 200.591 is a separate criminal charge. A text message, a phone call, or even responding to contact the accuser initiated can trigger a new arrest — even if the underlying order is unfair or built on false allegations.
False Accusations in Divorce & Custody Disputes
Domestic violence allegations frequently surface right as a divorce or custody battle begins. An accusation — true or not — can remove a parent from their home and their children's lives overnight. We investigate the timing, the motive, and the inconsistencies behind the allegation.
Felony Domestic Violence
A third BDV offense within 7 years, strangulation, substantial bodily harm, or use of a deadly weapon turns a domestic violence case into a felony with Nevada State Prison on the line. These cases demand a trial-ready defense from day one.
NRS 200.485 — WHAT YOU ARE FACING
PENALTIES FORDOMESTIC VIOLENCE IN NEVADA
Battery domestic violence penalties escalate with each offense within a 7-year window — and the collateral consequences often outlast the sentence itself.
1st BDV Offense
Within 7 years
2 days – 6 months jail
$200 – $1,000 + court costs
48 – 120 hours community service
Mandatory counseling: 1.5 hours per week for 6–12 months, at your expense
2nd BDV Offense
Within 7 years
10 days – 6 months jail
$500 – $1,000 + court costs
100 – 200 hours community service
Extended counseling: 1.5 hours per week for 12 months
3rd BDV Offense
Within 7 years — strangulation is a category C felony
1 – 6 years Nevada State Prison
$1,000 – $5,000
Not applicable — prison sentence
Felony conviction, loss of civil rights, lasting criminal record
Collateral Consequences — Beyond the Sentence
- Lifetime federal firearm ban under 18 U.S.C. § 922(g)(9) and NRS 202.360 — even for a misdemeanor conviction
- Severe immigration consequences — domestic violence is a deportable offense under federal immigration law
- Professional licenses at risk — nursing, gaming, real estate, security, and other Nevada licenses
- Custody and visitation impact — Nevada family courts apply a presumption against awarding custody to a parent with a DV conviction
Two critical points most defendants don't know: first, under NRS 200.485, a first-offense BDV charge generally cannot be pled down to a lesser charge unless the prosecutor stipulates there is no probable cause or the charge cannot be proven — the usual plea bargain is closed off by statute. Second, since the Nevada Supreme Court's 2019 Andersen decision and the corresponding change to NRS 175.011, you are entitled to a jury trial even on a misdemeanor BDV charge, because the federal firearm ban makes the offense too serious to deny one. See our NRS 200.485 penalty breakdown for a complete analysis of the statute.
HOW WE FIGHT THE ALLEGATION
EVERY ALLEGATIONHAS AN ANSWER
Domestic violence cases almost always come down to two versions of what happened behind closed doors — and the police heard only one before putting you in handcuffs. That is not a proven case. It is an accusation the State must prove beyond a reasonable doubt.
Thomas Boley prepares every domestic violence case as if it will go to trial — investigating the motive, the timing, and the evidence behind each allegation. That preparation produces dismissals, reductions, and acquittals.
Allegation: "You were the aggressor"
Our counter: Self-defense: we present defensive wounds, 911 call timing, the accuser's history of aggression, and witness testimony to show who actually initiated the violence
Allegation: Allegation filed mid-divorce or custody dispute
Our counter: False-allegation motive: we expose the timing of the report, inconsistencies in the statements, and the leverage the accuser stands to gain in family court
Allegation: The accuser recants — but the State proceeds anyway
Our counter: Lack of evidence: the prosecutor controls the charges, not the alleged victim. Without a cooperating witness, we attack the admissibility of prior statements and force the State to prove its case beyond a reasonable doubt
Allegation: An accidental injury framed as intentional
Our counter: Accidental injury: battery requires willful contact. We use medical evidence, the mechanics of the injury, and incident reconstruction to show there was no criminal intent
Allegation: Statements taken or searches conducted unlawfully
Our counter: Constitutional violations: un-Mirandized statements, warrantless entries, and arrests without probable cause can get key evidence suppressed — and the case dismissed
CRITICAL STEPS
WHAT TO DO AFTER ADOMESTIC VIOLENCE ARREST
What you do — and what you don't do — in the hours and days after the arrest can determine the outcome of your case.
Stay Silent
You have a constitutional right not to answer questions. Everything you tell the police — even explanations that feel harmless — will be documented and used by the prosecution. Identify yourself, be polite, and state clearly that you want to speak with an attorney before answering any questions.
Don't Contact the Accuser
After a domestic violence arrest, a no-contact or protection order will almost always be in place. One call, one text, or one message through a third party creates a NEW criminal charge under NRS 200.591 — even if the accuser contacts you first. Do not respond.
Document Everything
Preserve text messages, emails, call logs, and social media posts — the accuser's and your own. Photograph any injuries you have. Write down the names of witnesses who saw or heard the incident. This evidence disappears fast, and it can be the difference between a conviction and a dismissal.
Call Thomas Boley Before Arraignment
The most important decisions in your case happen early: bail conditions, protection orders, and the prosecution's opening position. Thomas Boley steps in immediately — before arraignment — to protect your rights, secure evidence, and start building your defense from day one.
NEVADA LAW
KEY STATUTES GOVERNINGDOMESTIC VIOLENCE IN NEVADA
Definition of Domestic Violence
Defines which relationships turn a battery into "domestic violence" in Nevada: spouses and ex-spouses, domestic partners, people who share a child, relatives by blood or marriage, cohabitants, and people in a dating relationship. If the relationship does not qualify under this statute, the enhanced domestic violence charge fails — an issue we examine in every case.
View full statute →Battery Domestic Violence Penalties
Sets the penalty structure for BDV: first offense (misdemeanor with jail, fines, community service, and mandatory counseling), second offense within 7 years (enhanced penalties), and third offense within 7 years (category B felony carrying 1–6 years in prison). It also sharply limits a prosecutor's ability to plea a BDV charge down to a lesser offense.
View full statute →Mandatory Arrest in Domestic Violence Cases
When police respond to a domestic violence call and find probable cause that a battery occurred within the preceding 24 hours, arrest is mandatory — officers have no discretion, even when the alleged victim asks them not to arrest. This is why so many innocent people end up in handcuffs after an argument: someone had to be arrested.
View full statute →Protection Orders
Authorizes temporary and extended protection orders in domestic violence, harassment, and stalking cases. Violating a protection order is a separate criminal offense — and willful violations of an extended order can be charged as a felony. We defend against both the underlying order and any alleged violation.
View full statute →FREQUENTLY ASKED QUESTIONS
DOMESTIC VIOLENCE QUESTIONS ANSWERED
YOUR FUTURE DESERVESA REAL DEFENSE
A domestic violence accusation does not define you — but a conviction will follow you for years. Your career, your firearm rights, your immigration status, and your relationship with your children are all on the line.
Thomas Boley has defended the accused in Las Vegas Justice Court, Henderson, North Las Vegas, and Clark County District Court for over 18 years. Free, confidential consultation — no judgment.
CONTACT US
FREE CONSULTATION
Tell us about your case. Everything you share is confidential. Thomas Boley will personally review the details and respond as quickly as possible.