Nevada § 171.137 - Arrest required for suspected battery constituting domestic violence; exceptions
Full text of Nevada Nevada Revised Statutes § 171.137 — Arrest required for suspected battery constituting domestic violence; exceptions, with citation guidance and answers to common questions.
§ 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.
Source: official Nevada text · Last verified 2026-08-27
Frequently Asked Questions About Nevada § 171.137
What does Nevada Revised Statutes § 171.137 cover?
Section 171.137 ("Arrest required for suspected battery constituting domestic violence; exceptions") is part of the Nevada Revised Statutes, the codified statutory law of Nevada. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Nevada § 171.137?
A common citation format is "Nevada Revised Statutes § 171.137" (Nevada). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Nevada law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nevada official source linked on this page or consult a licensed Nevada attorney.
How does Nevada § 171.137 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nevada can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Nevada.