Nevada Revised Statute 33.018 defines Domestic Violence as battery or assault “against or upon the personâ€™s spouse or former spouse, any other person to whom the person is related by blood or marriage, any other person with whom the person is or was actually residing, any other person with whom the person has had or is having a dating relationship, any other person with whom the person has a child in common, the minor child of any of those persons, the personâ€™s minor child or any other person who has been appointed the custodian or legal guardian for the personâ€™s minor child.”
Arguments happen in domestic relationships. Sometimes things get out of control. Sometimes facts are embellished or eye-witness accounts are inaccurate. Sometimes a person is arrested for defending himself/herself. Sometimes a police officer mistakenly attributes yesterday’s injury to today’s disagreement. Frequently, an officer will state, “one of you is going to jail, you guys decide who.” None of these scenarios are fair or just.
A Domestic Violence conviction becomes a part of your permanent record. First and second offenses for Battery Domestic Violence are misdemeanors in Nevada, unless strangualtion or use of a weapon is involved, which makes it a felony. A third offense is an automatic felony criminal charge. Penalties for Battery Domestic Violence involve hundreds of hours of community service, thousands of dollars in fines and administrative fees, and up to 5 years in prison. These charges can also result in the loss of various rights, such as the right to own firearms and/or to possess a CCW permit.
Other possible effects of a Battery Domestic Violence charge include Temporary Protective Orders, losing custody of your children, losing your job, and severly limiting future employment opportunities.
A case is not automatically dismissed if the alleged victim recants his or her statement. A prosecutor may continue to press charges even if the accuser admits to making false allegations. This will be done by calling on witnesses, using police reports, and relying on photographs. Our skilled attorneys have accumulated dismissals by arguing self-defense and/or lack of intent to cause harm, by discrediting witnesses, by proving that the victim gave a false report at the time of the incident, and by capitalizing on inconsistencies in the police report(s). Our attorneys will fight for YOU.