A Nevada D.A. will not automatically drop a domestic violence charge if the alleged victim or accuser recants.

1. Will a recanting “victim” result in the dismissal of a Nevada domestic violence charge?

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. Some of these motives include:

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

Note that a first-time BDV in a seven-year period is typically a misdemeanor in Nevada.¹

2. What if prosecutors have other evidence of a BDV charge?

Nevada prosecutors are more willing to pursue a BDV charge if they believe 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.“)

Legal References: