When an alleged incident of domestic violence occurs in front of a child, the consequences can escalate quickly and dramatically. In Nevada, prosecutors and judges treat these cases differently because of the potential emotional and psychological harm to the child, even if the child was not physically injured. In some cases, an act of domestic violence in front of a child can create separate child endangerment charges.
Why Domestic Violence in Front of a Child Is Treated More Seriously
Nevada law recognizes that exposing a child to domestic violence can be harmful, even if the child is not the direct target of the alleged conduct. Prosecutors often argue that witnessing violence creates emotional trauma and places the child in danger. Therefore, an alleged act of domestic violence in front of a child may trigger separate criminal allegations, enhanced sentencing arguments, and involvement from multiple agencies beyond the criminal court.
Possible Child Endangerment Charges
One of the most significant risks in these cases is the possibility of child endangerment charges. Prosecutors may argue that committing domestic violence in front of a child constitutes placing the child in a situation where their physical or mental health was endangered.
Child endangerment charges can be filed in addition to domestic violence charges, meaning you could be defending against multiple criminal cases at the same time. Depending on the circumstances, child endangerment may be charged as a misdemeanor or a felony.
Sentencing Enhancements & Court Treatment
Even when no separate child endangerment charge is filed, the presence of a child in a domestic violence case can still affect how a case is handled. Prosecutors frequently ask judges to treat the case more harshly during sentencing, arguing that the conduct was more serious because a child witnessed it.
If the charges are escalated, then it can result in:
- Longer jail or prison sentences
- Increased fines
- Mandatory counseling or treatment programs
- Stricter probation conditions
Child Protective Services (CPS) Involvement
Allegations of domestic violence in front of a child often result in Child Protective Services (CPS) becoming involved. CPS operates independently from the criminal court system, meaning that even if your criminal case is still pending or ultimately dismissed, you may still face a CPS investigation. What you say or do during a CPS investigation can directly affect both your criminal case and your parental rights.
CPS involvement can lead to:
- Home visits and interviews from CPS representatives
- Safety plans imposed on the family
- Temporary removal of the child in extreme cases
- Ongoing monitoring of parenting arrangements
Custody & Family Court Consequences
Domestic violence allegations involving children frequently spill over into family court. If there is an existing custody or parenting time arrangement, the other parent may seek an emergency modification based on the allegations.
Possible consequences that can arise from a family court or custody case include:
- Loss or suspension of parenting time
- Supervised visitation only
- Temporary or permanent changes to custody
- Court-ordered parenting or anger management classes
Protective Orders & No-Contact Orders
In nearly all domestic violence cases involving children, courts issue protective orders or no-contact orders immediately. These orders may prohibit contact not only with the alleged victim but also with your child.
Violating these orders, even unintentionally, can result in new criminal charges, often more serious than the original offense. Protective orders can also make daily life extremely difficult, affecting housing, employment, and family relationships.
Get Legal Counsel On Your Side Early
Domestic violence cases involving children move fast and involve multiple systems at once: criminal court, CPS, and family court. Each system can affect the others, and mistakes made early, especially speaking to police or investigators without legal guidance, can be hard to undo.
If you have been accused of domestic violence in front of a child in Las Vegas, you could soon be facing far more than a single criminal charge, if you aren’t already. Your freedom, your parental rights, and your future relationship with your child may all be at risk. When that happens, talk to Attorney Ross C. Goodman, a Las Vegas native and trial-focused criminal defense attorney who knows the lay of the land in Clark County. He has defended clients in complex domestic violence cases involving children and understands how prosecutors, CPS, and courts approach these allegations.
Call (702) 825-7854 now to discuss your rights and options during an initial consultation.