Domestic Violence and Child Custody in Nevada: How SB 275 Protects Survivors in Clark County

Direct answer: Under Nevada SB 275 (effective October 2023), a court finding of domestic violence creates a rebuttable presumption that awarding custody to the offending parent is not in the child’s best interest. One act of qualifying domestic violence is enough to trigger this presumption in Clark County Family Court. The offending parent must then overcome it with affirmative evidence.

Reviewed by Jennifer Setters, J.D. — Managing Attorney, Gastelum Attorneys, Las Vegas. Boyd School of Law, UNLV. Extensive experience handling domestic violence custody matters in Clark County Family Court. | Last updated March 2026 | Statutes: NRS 125C.0035, NRS 33.018 (DV definition), NRS 33.020 (protective orders) | Law updates: SB 275 (Oct 2023), SB 432 (Oct 2025) | New Beginnings, Brighter Tomorrows.

If you are a domestic violence survivor navigating a custody case in Las Vegas or Clark County, this guide explains how Nevada law protects you and your children, how to document abuse for court, and what to do first. For emergency assistance, call 911. For legal guidance, call (702) 979-1455.

How did Nevada SB 275 change child custody law for domestic violence survivors?

Senate Bill 275, effective October 2023, is Nevada’s most significant family law reform in a generation for domestic violence survivors. Before SB 275, domestic violence was one of 12 factors Clark County Family Court judges could weigh in a best-interest analysis — important, but not automatically determinative. Under SB 275, a finding that a parent has committed domestic violence now creates a rebuttable presumption that it is not in the child’s best interest for that parent to receive custody. This shifts the burden: the offending parent must prove custody is nonetheless appropriate, rather than the survivor having to argue against it. A single qualifying act of domestic violence is sufficient to trigger the presumption — no pattern or history is required.

What acts count as domestic violence under Nevada law for custody purposes?

Nevada defines domestic violence broadly under NRS 33.018. Qualifying acts include: battery (any unlawful physical force or harm); assault (intentionally placing someone in reasonable fear of bodily harm); threats of physical harm; stalking; harassment; false imprisonment; sexual assault; and deliberately destroying property to intimidate. Domestic violence does not require visible injury or physical contact — threats, coercive control, and harassment that cause reasonable fear qualify under Nevada law. The violence can be directed at the other parent, at the child directly, or at any other member of the household. One qualifying act in Clark County is sufficient to trigger the SB 275 presumption against custody for the offending parent.

What evidence does a Nevada court consider when determining domestic violence in a custody case?

Clark County Family Court considers the totality of evidence presented. Strong evidence includes: a valid Temporary or Extended Protective Order issued under NRS Chapter 33; police reports and arrest records; criminal conviction records; medical records documenting injuries; dated photographs of injuries or property damage; text messages, emails, and voicemails containing threats or admissions (screenshots with timestamps); witness testimony from family members, neighbors, or coworkers; records from domestic violence advocates or shelter staff; and the survivor’s own testimony with specific dates and details. Contemporaneous documentation — created at or near the time of each incident — is far more persuasive than a retrospective account offered months or years later.

Can an abusive parent still receive custody or visitation in Nevada after SB 275?

Yes, but only if the abusive parent satisfies a demanding standard to rebut the presumption. To overcome SB 275’s presumption, the offending parent must demonstrate: that custody is nonetheless in the child’s best interest; that they have successfully completed a batterer’s intervention program or court-approved counseling; and that they pose no ongoing physical or emotional danger to the child or the other parent. Courts may impose conditions on any custody or visitation award — supervised visitation only, exchanges in neutral public locations, no overnight visits, or third-party supervision requirements. Clark County Family Court retains jurisdiction to revisit and modify any arrangement if safety concerns arise.

What is a Temporary Protective Order and how does it affect custody in Clark County?

A Temporary Protective Order (TPO) under NRS 33.020 is an emergency court order issued by a Clark County judge prohibiting the restrained party from contacting the survivor, their home, workplace, children’s school, and other protected persons. A TPO can be issued ex parte — without the restrained party being present — within hours of filing if the judge finds sufficient evidence of domestic violence. TPOs frequently include emergency temporary custody provisions restricting the abusive parent’s access to the children. A TPO typically lasts until a hearing — usually 7–10 days — at which point it may be converted to a longer-term Extended Protection Order. A protective order is strong evidence in any subsequent custody proceeding and can form the foundation of a SB 275 claim in Clark County Family Court.

How should a domestic violence survivor in Las Vegas document incidents for a custody case?

Documentation is the foundation of a successful protective claim in Clark County. Survivors should: call Las Vegas Metro Police for every physical incident to create an official report; photograph all visible injuries the same day with timestamps; screenshot every threatening text, email, voicemail, and social media message immediately and back them up outside the household; seek medical treatment for all injuries and ask the provider to document the cause in medical records; keep a private written journal with dates, times, locations, and specific details of each incident; document the presence of the children during or near incidents; and contact a Las Vegas domestic violence advocate at Safe Nest at (702) 646-4981 for safety planning and additional support. This contemporaneous record is significantly more persuasive to a Clark County judge than a summary offered months later.

Are you a domestic violence survivor with a custody case in Las Vegas? Gastelum Attorneys handles custody matters involving domestic violence in Clark County, including emergency motions, protective orders, and SB 275 proceedings. Our bilingual team serves English and Spanish-speaking survivors. If you are in immediate danger, call 911. For legal guidance, call (702) 979-1455 or schedule a case evaluation.

What should a domestic violence survivor do first when seeking a custody order in Nevada?

Safety planning comes before legal action. If you are in immediate danger, call 911. The National Domestic Violence Hotline at 1-800-799-7233 provides 24-hour crisis support and local referrals. Safe Nest in Las Vegas provides local shelter and advocacy at (702) 646-4981. For legal action in Clark County: contact an attorney with domestic violence custody experience before filing anything; file for a Temporary Protective Order through Clark County Family Court if needed, which can include emergency temporary custody provisions; contact law enforcement if a recent incident has occurred; and preserve all existing documentation immediately. The temporary orders entered at the beginning of a case — including any TPO provisions — often heavily influence the permanent custody arrangement. Early legal strategy matters more than most survivors realize.

What if the abuse is emotional or psychological rather than physical?

Psychological abuse, coercive control, and emotional intimidation can be addressed in a Nevada custody case even when no physical violence has occurred. NRS 33.018’s qualifying acts include harassment, stalking, and threats that cause reasonable fear — these cover many forms of psychological abuse. Even where SB 275’s specific presumption does not technically apply, NRS 125C.0035’s best-interest factors address a pattern of conduct that endangers the child emotionally or psychologically, the level of conflict between the parents, and each parent’s willingness to support the child’s relationship with the other parent. A documented pattern of coercive control or parental alienation attempts can be addressed through these factors in Clark County Family Court.

How does Nevada SB 432 (October 2025) protect domestic violence survivors in family court proceedings?

Senate Bill 432, effective October 2025, established new privacy tools for family court records in Nevada. Under SB 432, parties can petition to have sensitive information sealed or redacted from publicly accessible court files — including home addresses, workplace locations, children’s school information, and other identifying details. This protection is particularly critical for domestic violence survivors in Clark County whose abusers might use public court records to locate them. Courts balance the public interest in open records against the specific privacy and safety risk when deciding sealing requests. Any survivor who believes their safety depends on keeping their location private should raise this issue with their attorney before any documents containing their address are filed with Clark County Family Court.

Does a new domestic violence conviction automatically modify an existing Nevada custody order?

A criminal domestic violence conviction entered after an existing custody order constitutes a material change in circumstances under NRS 125C.0145, allowing either party to petition for custody modification. The conviction provides strong grounds for the surviving parent to seek modification under SB 275’s presumption. However, a conviction alone does not automatically change a custody order — the modification petition must still go through the court process. Clark County Family Court treats new DV convictions against the other parent or child as high-priority grounds for immediate modification, and emergency temporary orders can often be obtained quickly when the child’s safety is at documented risk. For guidance on modification proceedings, contact our Las Vegas child custody attorneys.

Domestic violence custody case in Las Vegas or Clark County? Gastelum Attorneys has experience with SB 275 proceedings, emergency custody motions, and protective orders in Clark County Family Court. Bilingual team. Six attorneys. If you are in danger, call 911 or the National Domestic Violence Hotline at 1-800-799-7233. For legal guidance, call (702) 979-1455 or schedule a case evaluation.

Domestic Violence & Child Custody Nevada | Gastelum