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Will a Nevada "domestic violence" charge be dropped if the “victim” recants?

Posted by Neil Shouse | Feb 09, 2014 | 0 Comments

Not necessarily.

Even if a victim claims he/she falsely accused the defendant of battery domestic violence (BDV) in Nevada, the D.A. may decide to pursue charges anyway. Prosecutors are often suspicious of recanting BDV victims and believe they have ulterior motives for changing their story, such as:

  • They are afraid to testify in court.
  • They “made up” with the accused after the fight.
  • They need the accused out of jail so the accused can continue to work and support their family.
  • They fear retribution by the accused's family or friends.

Additionally, Nevada prosecutors may feel they have adequate evidence to support a BDV charge irrespective of the victim's testimony. Such evidence may include other eyewitness accounts or medical records of the alleged BDV injuries. (The law is similar in California: Read our article, "California's no-drop policy in domestic abuse criminal cases.")

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.

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