Nevada § 171.137 - Arrest required for suspected battery constituting domestic violence; exceptions

§ 171.137. Arrest required for suspected battery constituting domestic violence; exceptions

1. Except as otherwise provided in subsection 2, whether or not a warrant has been

issued, 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 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 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, his or her minor child or a person who is

the custodian or guardian of his or her minor child: (a) If the peace officer had a face-to-face encounter with the person to be arrested

that was of sufficient duration to determine whether probable cause existed while

responding to the initial incident or call for service, within the preceding 24 hours. (b) If the peace officer did not have a face-to-face encounter with the person to

be arrested that was of sufficient duration to determine whether probable cause existed

while responding to the initial incident or call for service, within the preceding

7 days. 2. If the peace officer has probable cause to believe that a battery described in

subsection 1 was a mutual battery, the peace officer shall attempt to determine which

person was the primary physical aggressor. If the peace officer determines that one of the persons who allegedly committed

a battery was the primary physical aggressor involved in the incident, the peace officer

is not required to arrest any other person believed to have committed a battery during

the incident. In determining whether a person is a primary physical aggressor for the purposes

of this subsection, the peace officer shall consider: (a) Prior domestic violence involving either person; (b) The relative severity of the injuries inflicted upon the persons involved; (c) The potential for future injury; (d) Whether one of the alleged batteries was committed in self-defense; and (e) Any other factor that may help the peace officer decide which person was the primary

physical aggressor. 3. A peace officer shall not base a decision regarding whether to arrest a person

pursuant to this section on the peace officer's perception of the willingness of a

victim or a witness to the incident to testify or otherwise participate in related

judicial proceedings. 4. Nothing in this section shall be construed to impose liability upon a peace officer

or his or her employer for a determination made in good faith by the peace officer

not to arrest a person pursuant to this section. 5. The provisions of this section do not apply to: (a) Siblings, except those siblings who are in a custodial or guardianship relationship

with each other; or (b) Cousins, except those cousins who are in a custodial or guardianship relationship

with each other. 6. As used in this section, “ dating relationship ” means frequent, intimate associations primarily characterized by the expectation

of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between

persons in a business or social context.