Domestic Violence

Domestic Violence occurs when a person commits a battery upon another to whom he/she is:

    1.  Related by blood or marriage

    2.  Actually residing

    3.  Having a dating relationship or,

    4.  Has a child in common or,

    5.  Upon his/her minor child

Under Nevada law, police officers are required to arrest a person when they have a probable cause to believe that a person has, within the last 24 hours, committed an act of domestic battery.  Further, a person arrested for an act of domestic violence cannot be admitted to bail prior to a 12-hour cooling-off period.

lties and Sentencing

In the event the defendant is found guilty of domestic battery, the judge will then decide the appropriate sentence. Before doing so, however, the victim will be given an opportunity to address the court about the defendanct and the impact of this crime upon the victim.

Failure for First Offense

    1.  A minimum of 2 days

Failure to respond to any notice from the Court on or before your Court date or failure to pay any fine assessed against you by the Court will result in the issuance of a warrant for your arrest with accompanying criminal and civil penalties, including forfeiture of property, wage garnishment, and negative credit reporting.  Warrants may be punished by a maximum penalty of 25 days in the Elko County Jail and/or a fine up to $500.00.

Continuances

If you are unable to appear on your scheduled arraignment date, you must come in person to the West Wendover courthouse for a new date and time, or you may fax a letter of explanation to (775) 664-2979 and must include your case number, current telephone number and address.  Your response will be mailed to the address provided on your fax.  Court dates and times cannot be changed over the phone.  This must be done at least ten (10) days before your scheduled appearance date.

Bail

Bond, bail, or bail bond is a promise that a defendant in a misdemeanor or felony case will appear in court when required.  This is normally guaranteed by the defendant or someone else posting money or a bail bond with the court.  There are four types of bail bonds:

• Surety Bond
• Ten-Percent Bond
• Cash Bond
• Personal Recognizance Bond

Posting Bail

Bail may be posted at the clerk’s office during regular court business hours.  After hours, bail may be posted at the West Wendover Police Department (if they are still in custody), Elko County Jail, or through a bail bondsman.

Bail Refunds

Bail is typically exonerated (released) upon imposition of sentencing, however a Judge may order the bail to be held pending completion of court programs.

All outstanding fines and fees will be deducted from the bail posted.  Any funds in excess are refunded to the person listed on the bail receipt.  Bail posted on one can be used to pay for fines and fees owing on any other cases the defendant may have with the court.

All refunds will be issued in the form of a check within ten (10) business days.  Refund checks are mailed to the address given at the time of posting.  If the payee prefers to pick up the check or have it mailed to an address other than the one given, he/she must notify the Court prior to the court date set for that case.  If the Court receives notice of a change of address after the check has been mailed, the payee must wait for the check to be returned by the post office.  At that time, the check will be mailed to the new address or it can be picked up at the Court Clerk’s Office.