Unlike most situations where a police officer is called to the scene of a misdemeanor crime, a police officer must arrest a suspect if he believes the crime of Battery Domestic Violence has occurred. The law that describes this procedure is NRS 171.137 which is titled "Arrest required for suspected battery constituting domestic violence; exceptions.
1. ...a peace officer shall, unless mitigating circumstances exist, arrest a person when the peace officer has probable cause to believe that the person to be arrested has, within the preceding 24 hours, committed a battery upon his or her spouse, former spouse, any other person to whom he or she is related by blood or marriage, a person with whom he or she is or was actually residing, a person with whom he or she has had or is having a dating relationship, a person with whom he or she has a child in common, the minor child of any of those persons or his or her minor child."
In most situations involving the commission of misdemeanor crimes, a police officer will issue a citation with a return date for a suspect to appear in court, and the officer will not make an arrest. The mandatory arrest is another factor which elevates the crime of domestic violence above other misdemeanors. Defendants also need to be aware that there is mandatory jail time associated with a conviction for Domestic Violence, so a defendant may be headed back to jail if convicted, and they have not spent the mandatory 2 days in jail. This is another reason why defendants should hire an attorney who has experience in defending these types of cases.
If you have been charged with Battery, Battery Domestic Violence, or any crime related to a Domestic incident; or if a TPO has been issued against you, please visit georgeforjustice.com.
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