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Las Vegas, NV asked in Domestic Violence, Child Custody and Family Law for Nevada

Q: Do I need to disclose a dismissed domestic violence arrest to the other parent?

I was recently arrested for domestic violence, but the charges have been dismissed. Our parenting plan requires each party to disclose any domestic violence involving our lives or our child's life within 24 hours, especially involving physical contact or law enforcement. Do I still need to notify the other parent about this arrest even though no charges were filed? I am concerned this might be used against me for custody purposes.

2 Lawyer Answers

A: The answer depends upon the exact wording of the parenting plan. If the parenting plan simply says that you must disclose any domestic violence, and there was no domestic violence, then no. Similarly, if the parenting plan requires notice of any domestic violence convictions, then no as you were not convicted. But if the parenting plan requires notice of being charged, then yes. Or if the parenting plan requires that you notice domestic violence and there was domestic violence, then yes you must notice it even if the charges were dismissed.

As always, letting an attorney review the exact language and your exact situation would be good. It is possible that you should disclose the charges even if you are not required to, but that is a matter of legal strategy.

James L. Arrasmith
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Answered

A: The key issue here is the language in your parenting plan. Since it requires disclosure of “any domestic violence involving our lives” and specifically mentions situations that involve law enforcement, the arrest itself may fall within that requirement, even if the charges were dismissed. Courts often interpret these provisions broadly, with the focus on transparency and the child’s safety.

Because the arrest involved law enforcement intervention, choosing not to disclose could later be portrayed as hiding information. Even though the charges are gone, the fact of the arrest might still surface through records or the other parent’s discovery. If they raise it in court and it appears you withheld details, that could reflect poorly on your credibility and decision-making.

While disclosure might feel risky, being proactive often shows you are taking the parenting plan seriously. You can emphasize that the matter was dismissed and no findings of wrongdoing remain. If you are uncertain, speaking with a family law attorney before acting can give you guidance tailored to your specific court orders and situation.

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