Domestic violence charges are very serious and law enforcement will fully investigate and act on a claim of domestic violence because the relationship between the accused and the victim is often one of a close, personal and dependent nature. A charge of domestic violence in Nevada may include:
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.
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.
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.
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 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.
Yes! 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.
Different cases require different strategies. At The Rosenblum Allen Law Firm, 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.
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.
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.
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.