False Allegations of Domestic Violence in Nevada: How to Fight Back
Domestic violence charges in Nevada carry serious legal consequences, including jail time, mandatory counseling fines, and a permanent criminal record. They also carry “collateral consequences” that jeopardize employment options, second amendment (firearm) rights, child custody cases in family court and even immigration issues. Unfortunately, false allegations of battery domestic violence (BDV) are more common than many people realize. These accusations can stem from revenge, child custody disputes, divorce proceedings, or even misunderstandings.
If you have been falsely accused of domestic violence, you must take immediate action to protect your freedom, reputation, and future. A strong legal defense led by Josh Tomsheck, a board-certified criminal defense attorney, can help you fight back against false accusations.
Why Do People Make False Allegations of Domestic Violence?
There are several reasons why someone might falsely accuse another person of domestic violence, including:
- Gaining the Upper Hand in a Divorce or Child Custody Case
- Domestic violence allegations can influence family court decisions.
- A parent may falsely accuse their ex of BDV to obtain full custody or limit visitation rights.
- In Nevada, domestic violence findings may prevent a parent from having custody of their child under NRS 125C.230.
- Retaliation or Revenge
- A person may falsely accuse their partner or spouse after a heated argument.
- If the accused is the one trying to leave the relationship, the accuser may fabricate claims to punish them.
- To Have the Accused Removed from the Home
- In many cases, the police must make an arrest when responding to a domestic violence call.
- The accuser may lie to force the other person out of their home.
- Misinterpretation of Events
- Law enforcement often assumes the larger or stronger person is the aggressor.
- A heated argument with raised voices or accidental physical contact can be misinterpreted as domestic violence.
The Consequences of a False Domestic Violence Accusation
Even if you are innocent, being charged with battery domestic violence can have devastating consequences:
- Misdemeanor BDV conviction can lead to up to 6 months in jail, mandatory counseling, and fines.
- Felony BDV charges (for serious injuries or repeated offenses) carry prison sentences, which are MANDATORY meaning that probation is not an option and those convicted must serve hard time.
- Protective orders can prevent you from seeing your children, returning home, or contacting your spouse.
- A permanent criminal record, making it difficult to find employment, housing, or professional licenses.
If you have been falsely accused of BDV, you need a strong legal defense to defend you and maintain your innocence.
How to Fight False Domestic Violence Allegations
- Do Not Contact the Accuser
Even if the allegations are completely false, reaching out to the accuser can make things worse.
- Any contact could violate a protective order, leading to additional charges.
- Instead, let your attorney handle all communication.
- Preserve Evidence That Demonstrates you are NOT GUILTY
If you have been falsely accused, gather as much evidence as possible to prove your side of the story:
- Text messages, emails, or social media messages that show the accuser’s true intent.
- Phone call logs proving where you were at the time of the alleged incident.
- Surveillance footage from nearby security cameras.
- Eyewitness testimony from friends, neighbors, or relatives.
- Challenge the Credibility of the Accuser
An experienced domestic violence attorney can investigate the accuser’s background and motivations. If the accuser:
- Has a history of making false accusations, this can be used in your defense.
- Lied to law enforcement or changed their story, this weakens their credibility.
- Filed a restraining order for leverage in a custody or divorce case, this can be exposed.
- Show That You Acted in Self-Defense
If the accuser was actually the aggressor, you may have been defending yourself. Evidence such as:
- Medical records or photos of your injuries.
- Police reports from previous incidents where the accuser was violent.
- Witness statements confirming self-defense.
- Expose Inconsistencies in the Prosecution’s Case
Nevada law requires the prosecution to prove BDV beyond a reasonable doubt. Your attorney can:
- Cross-examine the accuser and point out contradictions in their story.
- Challenge forensic evidence (such as a lack of visible injuries or exaggerated medical claims).
- Argue lack of sufficient evidence for a conviction.
- Request a Dismissal or Reduced Charges
If the evidence is weak, an attorney may negotiate with the prosecutor to have charges dismissed or reduced.
What If the Accuser Recants?
Sometimes, accusers admit they lied or exaggerated. However, even if the alleged victim takes back their statement, prosecutors may still pursue charges. This is because:
- The case is now in the hands of the prosecutor, not the accuser.
- Nevada’s domestic violence laws encourage aggressive prosecution, even without the victim’s cooperation.
An experienced BDV defense lawyer can use a recantation to argue for case dismissal but must still present a strong defense.
Why You Need an Experienced Battery Domestic Violence Attorney
False accusations of battery domestic violence are devastating, but they can be fought with the right legal strategy. Josh Tomsheck has helped hundreds of clients facing BDV charges and has successfully proven false allegations in court. When you are facing allegations of something as serious as Domestic Violence, you want and need the best Domestic Violence defense attorney possible to fight for you and your life.
Here’s how Board Certified Criminal Defense Expert Josh Tomsheck can help:
✅ Investigate the accuser’s background and motives.
✅ Gather evidence to expose false claims.
✅ Challenge the prosecution’s case and fight for case dismissal.
✅ Fight the State or City’s case in Court, even going all the way to Trial if necessary.
✅ Protect your rights, reputation, and future.
Falsely Accused? Call Josh Tomsheck Today
If you have been falsely accused of battery domestic violence, don’t wait—contact Josh Tomsheck today for a free consultation. A strong defense can mean the difference between a cleared name and a criminal conviction. Let Hofland & Tomsheck fight for you.
