Being accused of domestic violence is serious under any circumstances. When the alleged victim is pregnant, the situation becomes far more complex from a legal standpoint, not to mention much riskier for the defendant. In Nevada, allegations involving harm to a pregnant woman often trigger enhanced scrutiny from police and prosecutors, increased bail, and aggressive decisions when choosing which charges to bring.
Even when no serious injury occurred, the mere fact that the alleged victim was pregnant can significantly raise the stakes.
If you are facing accusations of domestic violence involving a pregnant partner, spouse, or former partner, you need to understand how Nevada law treats these cases, what penalties you could be facing, and what defense strategies are typically applied. After all, these cases move fast, and early mistakes, especially statements to police, can be difficult to undo.
Domestic Violence Under Nevada Law
Under Nevada law, domestic violence is a criminal offense primarily defined by NRS 200.481(1)(a), which states that domestic battery is any willful and unlawful use of force against another person who shares a qualifying relationship with the accused. A qualifying relationship usually includes the relationship between spouses, former spouses, dating partners, co-parents, relatives, or people who live together or previously lived together.
Domestic violence charges can include allegations such as:
- Battery
- Assault
- Coercion
- False imprisonment
- Threats
- Stalking
- Sexual assault
When the alleged victim is pregnant, prosecutors often argue that the conduct was more dangerous or reckless, even if the underlying charge would normally be considered minor.
Does Pregnancy Automatically Increase Domestic Violence Charges?
Pregnancy does not automatically create a separate domestic violence offense in Nevada and elsewhere, but it can drastically affect how a case is charged and prosecuted. In practice, pregnancy often changes how aggressively the state pursues the case.
If prosecutors believe the conduct endangered the pregnant woman or the unborn child, they may:
- Seek enhanced penalties
- Argue for felony charges instead of misdemeanors
- Request higher bail or no-bail holds
- Push for stricter protective orders
- Use pregnancy as an aggravating factor at sentencing
Battery Domestic Violence Involving a Pregnant Woman
Most domestic violence cases involving pregnancy are charged as battery domestic violence. The severity of this charge depends on the alleged injury and the accused’s prior record.
Possible charge levels include:
- Misdemeanor battery domestic violence (no substantial bodily harm, no weapon)
- Felony battery domestic violence (substantial bodily harm, strangulation, or prior convictions)
If the state claims the unborn child was placed at risk, prosecutors may attempt to elevate the charge or add related allegations, even if no medical evidence confirms harm.
Charges Involving Injury or Death of an Unborn Child
Nevada law recognizes an unborn child as a potential victim under certain circumstances. If prosecutors believe domestic violence caused serious injury to a fetus or the death of an unborn child, they are likely to pursue additional or more severe charges.
Depending on the facts, the elevated charges could include allegations such as:
- Felony battery resulting in substantial bodily harm
- Felony child abuse or endangerment (in limited circumstances)
- Homicide-related charges if the unborn child dies as a result of the alleged conduct
Criminal cases for domestic violence involving a pregnant mother and the injury or death of an unborn child, regardless of its development, often rely heavily on medical testimony, timelines, and causation. Prosecutors must prove not just that an altercation occurred, but that the accused’s actions directly caused the injury or death.
Protective Orders After Domestic Violence Accusations
In most domestic violence cases involving a pregnant woman, the court will issue a temporary protective order (TPO) almost immediately. This decision can happen before the defendant ever steps into a courtroom.
A protective order of this type may:
- Force the defendant out of their shared home with the alleged victim
- Prohibit contact with the alleged victim
- Restrict access to shared property or vehicles
- Affect child custody or parenting time
- Create new criminal charges or ramifications if the order is violated
Common Defense Strategies in Pregnant Domestic Violence Cases
Every domestic violence case is fact-specific, and no defense applies automatically. That said, accusations of domestic violence involving pregnancy may raise serious questions about credibility, exaggeration, and causation. A criminal defense attorney may focus on these questions when preparing a defense strategy for the defendant.
Potential issues to consider when working on a defense case may include:
- False or exaggerated allegations, such as those that may arise during breakups, custody disputes, or emotional conflicts
- Lack of physical evidence, especially when medical records do not support the alleged injuries
- Conflicting witness statements or delayed reporting
- Self-defense or acts of mutual aggression
- Medical causation disputes, particularly regarding alleged harm to the unborn child
- Unlawful police conduct, including improper questioning or arrest procedures
These cases often hinge on what was said in the moment to police and medical staff, or in text messages. Statements made without legal guidance can sometimes work in the prosecution’s favor, so it is always advised that you use your right to remain silent if you have been put into custody and interrogated about an alleged act of domestic violence against a pregnant mother.
Charged or Under Investigation? Call Ross Goodman
If you have been accused of domestic violence involving a pregnant woman or believe you are under investigation for such a criminal offense in Nevada, you should act immediately. These cases carry serious criminal exposure, long-term consequences, and intense scrutiny from prosecutors and judges, and the state is already taking steps to land a conviction.
Attorney Ross C. Goodman of Goodman Law Group is a Las Vegas local and a trial-focused criminal defense lawyer who knows the lay of the legal land. He has defended clients in high-stakes domestic violence cases throughout Clark County and understands how these allegations are built and how to fight them.
As one of the only two attorneys in the state who is registered as a Certified Specialist in Criminal Trial Advocacy by the State Bar of Nevada and Board-Certified in Criminal Trial Law by the National Board of Trial Advocacy, you know that you can trust him to defend you as few others could.
Don’t wait. Call (702) 825-7854 to speak with Attorney Goodman in a free consultation.