Domestic Violence Defense Lawyers
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What is domestic violence in Nevada?
Domestic violence does not necessarily have to be hitting or punching your spouse or significant other. Nevada law states that any amount of touching, no matter how soft or light, could be considered battery. In Clark County, domestic violence is often defined as hitting, punching or slapping. Domestic violence can also be charged in cases where the defendant grabs or pinches a victim. A domestic violence charge can also come from choking, biting, burning, pushing or shoving a victim.
What are the penalties for a domestic violence conviction?
- Two days to six months in jail
- 6 months of counseling
- Fines including court costs
- Community Service
- Protective Order
If there is a second conviction of domestic violence the perpetrator the conviction will result in at least 10 days in jail. Under A third conviction for domestic battery or domestic violence is a felony and carries a mandatory one year prison sentence.
In addition to jail time, fines and classes, a charge of domestic violence may often result in the Court issuing a temporary protective order. This may be issued without evidence and without the opportunity to defend yourself. A temporary protective order may prevent you from returning home and may even keep you away from your children. It is important to retain an attorney that can provide a defense to prevent the Court extending the protective order.
Usually, domestic violence offenses occur in the midst of a contentious divorce or child-custody case. A charge of domestic violence may affect your ability to see your children or even continue to live in your home.
Everything calmed down by the time the police arrived. Why was someone arrested?
The law in Nevada requires that someone is arrested if probable cause exists. As long as the police arrive within 24 hours of the incident, or within 24 hours of being notified of a domestic violence incident, chances are an arrest will be made.
Even if it is after 24 hours from the incident when the police arrive, an aggressor could still be arrested. If there are enough witness statements, or significant evidence to warrant an arrest, even if things have calmed down, chances are someone will go to jail.
What happens after being arrested for domestic violence in Nevada?
The police officers who were called to the scene will prepare a detailed domestic violence police report. Witness statements will also be obtained. Police might run a criminal background check to make sure the alleged aggressor does not have an outstanding warrants or a prior history of abuse. Further investigation may occur depending on the severity of the domestic violence. For example, police may speak to medical providers or take pictures of broken items if the case warrants it.
The police will forward their written reports to the prosecutor’s office for consideration. Often, officers will meet with the prosecutor to go over evidence and the written statements to determine whether or not the prosecutor will file formal charges against the accused.
The victim doesn’t want to press charges. Doesn’t my case just go away?
The short answer is No! Once domestic violence is reported to law enforcement, the prosecutor will aggressively pursue the case.
This is likely to occur even when the victim changes their mind. A prosecutor can also pursue a case where the victim later denies anything happened.
Essentially, once domestic violence is reported to authorities, it is no longer up to the victim to decide if charges will move forward.
Can I still be charged with domestic violence even if there were no physical injuries?
In Nevada, domestic violence is more than just physical injuries. Domestic violence cases in Nevada also include emotional abuse and using power and control over a victim.
Think of it this way, pulling hair or pushing someone may not leave a mark. But in Nevada, this is domestic violence and charges can be filed.
What defenses do I have if I am charged with domestic violence?
Different cases require different strategies. At Rosenblum Law Offices, we approach the defenses to domestic violence charges on a case by case basis. However, some available defense include self defense, insufficient evidence, factual innocence and matters of jurisdiction.
How long will my domestic violence case take to complete?
Most domestic violence cases take anywhere from a few months to a year to complete from the day charges are filed. The severity of the incident, the number of charges and whether the case is being charged a felony or a misdemeanor will affect the time it takes to resolve the case. Remember, even after sentencing domestic violence cases may remain open for some time to ensure the accused has completed all of the requirements of their sentence.
The police took my guns. Can I get them back if I am charged with domestic violence?
We cannot stress enough that having a qualified and experienced domestic violence defense lawyer is key if you are a gun owner. A conviction of domestic violence will prevent you from having guns. It’s that simple.
While charges are pending, you can file a motion with the judge and get a court order to get your guns. Keep in mind that in the motion, you will need to explain to the judge why you need your guns immediately instead of waiting until your case is over.
Why should I hire you for my domestic violence case?
How much does it cost to hire a domestic violence defense lawyer?
The cost of hiring an attorney depends on your case. We know you hate that answer but it’s true. Every domestic violence case is different and therefore, the cost of hiring a lawyer is different.
In general, you should expect to spend anywhere from $500 to $50,000 depending on the severity of the charges, the number of prior convictions, whether or not the case is charged as a felony or misdemeanor, whether or not you will need to hire expert witnesses and how many witnesses there are for both sides.
For more information about hiring a domestic violence defense lawyer, please call us at (702) 433-2889 or fill out our on-line form.