Does The Alleged Victim Have To Be Injured For Domestic Violence Charges To Be Filed In Nevada?
Technically, the victim does not have to be injured to file a domestic violence charge in Nevada due to the fact that a battery is considered any uncontested touching. Consider a situation where one spouse pushes the other, but nothing else happens. While still considered domestic violence, this type of allegation would likely be resolved with a lesser charge or even dismissed due to the minor nature of the situation. These less severe cases are handled much differently than the battered domestic violence cases that often carry serious damages with them.
It is important to keep in mind that when dealing with domestic violence cases, the relationship between the individuals is key. If a person is assaulted but they are not considered within a domestic relationship, it would be charged plainly as assault. However, if that assault took place between individuals such as former spouses, relatives, housemates, or significant others, it would certainly be categorized as domestic violence by the state of Nevada.
Analyzing Restraining Orders And Orders Of Protection In Nevada
In Nevada, Temporary Restraining Orders (TRO) and Temporary Protective Orders (TPO) are essentially the same things. When someone files for a protective order, they will file it with the court, and explain that it is necessary for their ongoing safety. They will enter the addresses in which they want the protective order to encompass, and the other person must stay away from those places, even if they live there.
Normally, the first protective order lasts for 30 days, and there will be a court hearing in which the individual will state whether or not they wish to extend the period for another 11 months. In most cases, if there were no further domestic violence situations within the first 30 days, there may not be legal ground to extend the protective order. However, judges can choose to extend this period of time depending on the situation at hand. Violation of a protective order may lead to separate charges from the court depending on the case.
Talking To Law Enforcement About Domestic Violence As A Defendant
Speaking to law enforcement as a defendant is always a dangerous choice to make. Anything you say will be used against your case, which is why it is important to do any communication regarding your case through a trustworthy attorney. Proficient legal representation is necessary to protect your rights and ensure that you do not falsely incriminate yourself with seemingly harmless information.
While it may not seem like you are admitting anything, even saying something like “I pushed them, but the rest of the story didn’t happen” may seem inconsequential, but law enforcement sees that as acknowledging at least part of the story is true. This will add evidence to your case that could contribute to a conviction down the road.
For more information on Domestic Violence Charges In Nevada, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (702) 843-0939 today.
The Long-Term Effects Of A Domestic Violence Conviction
Under the Federal Lautenberg Amendments, an individual convicted of misdemeanor domestic violence cannot possess or purchase a firearm. Domestic violence convictions stay on a person’s record for seven years after the case is closed. After the seven years have passed, that person can seal the record assuming that there are no additional domestic violence charges on their record. Sealing the record is a civil procedure in which the defendant must petition to do so upon the reviewing of the District Attorney. Most of the time the DA will seal the record, but if the crime was more serious, they may leave it up to the judge to decide. If the judge does not want to seal the record, there is no reason to appeal this decision unless the judge abuses their discretion in some way.
The Importance Of Hiring An Experienced Attorney If You Are Facing Domestic Violence Charges
If you are being accused of domestic violence, it is crucial to hire an experienced attorney right away. In some cases, your lawyer will have the ability to speak with the DA ahead of time, allowing the charges to be dropped or the case to be dismissed. This is vital to the timeline of your situation, as avoiding the trial process altogether eliminates most of the difficulties that come with domestic violence cases. Additionally, if you are a parent, domestic violence allegations can be used against you in order to relinquish your custodial rights, giving the other party control over your child’s custody. All of these factors play heavily into the ramifications of a domestic violence charge, and a skilled attorney will have the ability to offer you legal protection and build your case in order to obtain the best possible outcome for your situation.
If you are facing a possible domestic violence charge, do not hesitate to contact our office by calling (702) 843-0939 for an initial consultation today.