Domestic Violence & Police Response in Nevada

What Nevada survivors may experience when domestic violence is reported to police.

When Police Get Involved in Relationship Harm

1. What Police Usually Do at the Scene

When police are called to a situation involving relationship harm or domestic disturbance, they will usually:

• Check for immediate safety risks and separate the people involved, if possible
• Look for injuries and ask if anyone needs medical help
• Ask basic questions to understand what happened
• Look around for signs of damage, weapons, or items that might be evidence
• Speak with other people who may have seen or heard something (neighbours, children, others)
• Run checks in their system for past police calls or current court orders (like no‑contact orders or protection orders)

Police may also:

• Take photos of visible injuries or damage, if appropriate
• Collect items that might be evidence (like broken objects or weapons)
• Ask if there are messages, emails, or recordings that might be related
• Help arrange transportation to a safer place, if available in your area

2. Report vs. Arrest: How They Are Different

Making a Police Report

A police report means the police record what happened. This might include:

• Your description of what happened (if you choose to share)
• Information from witnesses or neighbours
• Photos or other information police collect

Sometimes a report is made even if you do not want charges, especially if someone else called police or there are visible safety concerns.

When Police Decide to Arrest

Police decide whether to arrest based on what they see and hear, local policies, and the Criminal Code. They may arrest if they believe:

• A crime has likely been committed
• The person might harm you or someone else again
• The person will not follow conditions if left at the scene
• There are existing orders that may have been broken (like no‑contact or protection orders)

In many parts of Canada, there are special policies for intimate partner violence that encourage or require police to lay charges when there is evidence of a crime, even if the survivor does not want charges.

3. What Prosecutors Do After Charges Are Laid

If police lay criminal charges, the file is usually sent to a Crown prosecutor (also called Crown counsel or Crown attorney). The prosecutor generally:

• Reviews the police report, statements, and evidence
• Decides whether there is enough evidence to go ahead with the case
• Considers if continuing the case is in the “public interest”
• Decides what charges to proceed with, change, or withdraw
• Appears in court to present the case on behalf of the government, not on behalf of the survivor personally

Prosecutors may also:

• Ask the court to put certain conditions on the accused person’s release
• Speak with you about the impact of what happened, safety concerns, and court dates (this may be done directly or through a victim services worker)
• Decide whether to resolve the case with a plea, diversion program, or trial

Additional support options across Canada, including information on the criminal process, can be found through resources listed at DV.Support.

4. Release and Bail Conditions

Immediate Release from the Police Station

In some cases, after an arrest the person may be released directly from the police station with conditions, such as:

• No contact with you (by phone, text, social media, or through others)
• Not going to your home, workplace, or other specific places
• Not possessing weapons or certain items
• Reporting to a police station at set times

These conditions are often written on a form the person must sign before being released. You can usually ask a victim services worker or police for a copy of any conditions that relate to your safety.

When There Is a Bail Hearing

If police do not release the person, they are usually brought to court for a bail hearing (also called a judicial interim release hearing). There, a judge or justice of the peace decides whether the person will:

• Be released with conditions
• Be released with a surety (someone who agrees in court to supervise them)
• Stay in custody while the case moves forward

At a bail hearing, the court may consider:

• Your safety and the safety of the public
• Whether the person will show up for future court dates
• The seriousness of the allegations and their past record

What Happens If Conditions Are Broken

If you are aware that the accused person is breaking conditions (for example, contacting you when there is a no‑contact order), you can choose to:

• Contact police to report the breach, if it feels safe to do so
• Document what happened (dates, times, screenshots) in case you decide to report later

The accused person may be charged with additional offences for not following court orders.

5. How Protection Orders and Criminal Cases Can Interact

Different Types of Orders

In Canada, there can be both:

• Criminal orders – for example, bail conditions, probation orders, or peace bonds made in criminal court
• Civil or family orders – such as family‑court orders or protection orders (sometimes called emergency, restraining, or TPOs depending on the province or territory)

These orders can exist at the same time. They may come from different courts and may have different rules.

When Conditions Overlap

Criminal orders and protection orders can both contain conditions like:

• No contact with you
• Not attending your home, work, or other places
• Rules about contact with children

If there is any conflict between orders, the accused person is expected to follow the stricter conditions. Breaking a criminal order usually has more immediate consequences because it is enforced through the criminal system.

Requesting or Updating a Protection Order During a Criminal Case

In some provinces and territories, you can seek a civil protection order (including temporary protection orders, or TPOs) even when there is already a criminal case. A TPO might be used to:

• Provide conditions that are more detailed than the criminal order
• Address issues like temporary possession of the home or belongings
• Add conditions related to children or other family members, depending on local rules

However, courts generally try to avoid conflicting orders. If a protection order is requested or changed while a criminal case is ongoing, the judge may consider the criminal conditions already in place.

If You Are Unsure About Which Order Controls

If you are uncertain how a TPO or other order interacts with criminal bail conditions, you can:

• Ask a legal clinic or duty counsel for information about how orders work in your province or territory
• Talk with a victim services worker connected to the court or community services
• Bring all court documents with you when asking for help, so someone can see exactly what each order says

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