Once the court issues an arrest warrant for domestic violence, the only way it gets removed is by court order. In Nevada, arrest warrants never expire, meaning they can stay active indefinitely. The process by which warrants are issued depends on how domestic violence was discovered, although there are formalities that must be followed before the judge will sign a warrant.

Domestic violence in Nevada is serious, as are the warrants issued to bring your body before the court to deal with the allegations.

How Judges Issue Arrest Warrants

Arrests are possible when officers were not present or called during the physical scuffle that led to one individual being battered. The two ways judges can issue warrants are:

  • By information. Prosecutors and law enforcement can present enough aggravating circumstances in domestic violence to compel the judge to issue an arrest warrant based on charges both the state and investigator are seeking; or
  • By indictment. Usually reserved for particularly heinous or serious crimes, grand juries can indict an individual who allegedly committed domestic violence, which would force the judge to issue an arrest warrant.

According to Nevada Code section 33.018, being arrested in Nevada under suspicion of domestic violence is possible if an officer is present or is called shortly after an incident, provided enough evidence exists to merit an arrest.

Preventing Arrest Warrants from Being Issued

If you have retained a criminal defense attorney, they could initiate a pre-file investigation to prevent their client from being detained. This requires knowledge that an open investigation is underway, or is about to be opened. After gathering enough information in defense of allegations brought against you, the lawyer would approach the DA with exculpatory evidence that contradicts their assessment that you committed domestic violence. From there, the DA would either agree that they lack prepondering evidence, or move forward with filing information to seek an arrest warrant.

If an arrest warrant is unavoidable, your defense attorney will work to have the warrant recalled, or request the court release you on your own recognizance (OR) prior to the warrant being served, which would mean you could be booked and released.

How Domestic Violence Warrants Could Be Disputed

Arrest warrants lacking validity may be disputed if they are signed without probable cause or if they violate appropriate jurisdictive procedures. While faulty arrests alone often lack the information to dispute alone, criminal defense attorneys may use the following strategies to reverse the arrest:

  • A writ of habeas corpus. Called “the Great Writ”, this written document can be submitted by an experienced attorney to show proper cause why their client is being illegally detained; or
  • Prove police misconduct. Law enforcement officials who cut corners or exhibit cruel and unusual behavior in detaining an individual suspected of domestic violence could be held accountable. If proven, the entire case could be tossed.

In Nevada, arrests which do not lead to a conviction can be immediately sealed.

Have an Arrest Warrant? You Will Need an Attorney

Whether you are being accused of committing domestic violence against your spouse or loved one, or have an active arrest warrant, you have the right to dynamic representation. You can phone the county clerk or jail where you live to find out if an active warrant exists under your name.

Criminal defense attorneys are the most effective weapon defendants can arm themselves with during times when the law seems to be working against them. Nevada courts treat domestic violence charges seriously, and in some cases, may attempt to extradite you if you live within 1,000 miles of Nevada.

Arrest warrants do not expire in this state. Retain a criminal defense attorney when you are wanted for crimes and face significant time in jail.