In Nevada Domestic Violence is Not Tolerated
Ask any law enforcement officer what is their least favorite call to respond to, and they will tell you domestic violence. Too often things do not end well, the officer is often endangered, and victims are often too terrified to press charges. Old laws tied law enforcement’s proverbial hands to provide assistance that was very often needed, and also prevented them from stopping false charges against the innocent. This is no longer the case. Nevada takes a very serious stance on domestic disputes and domestic violence, both for the victim and in dealing with those misusing the law.
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When Does Las Vegas Assault Become Domestic Violence?
Domestic violence, or “battery domestic violence” as called in Nevada, is a serious charge that goes well beyond direct serious physical harm to a spouse, family member, domestic partner or significant other. It includes slapping, spitting, pushing, strangling, and many other forms of contact. Actual contact is the important word for battery in the charge, but may also include other actions such as kicking, cutting, burning, throwing objects that then hit the victim, hitting a vehicle they are on or in, tugging on clothes, or attempting to injure them while using another device such as a ladder or wheelchair. Assault definition differs by Nevada law, and Nevada considers domestic battery a violent act, and this is why there is no domestic battery in Las Vegas but rather battery domestic violence instead.
Domestic relationship also helps define what is and is not BDV. The persons involved must have a familial, romantic, or domestic relationship. This definition includes current and former, as well as custodial, step- and domestic partner relationships. In the case of significant others, it does not have to be an exclusive relationship, and sometimes roommate situations qualify. What doesn’t qualify are friends, acquaintances, neighbors and strangers. Physical contact with intent to harm for those relationships is considered battery, but not domestic violence. If there is no actual contact, but a threat or action of harm results in apprehension or fear of injury by unlawful physical contact, the charge becomes assault under Nevada assault laws.
Those definitions are extremely important when it comes to Battery Domestic Violence charges. Another is the intent of the accused, and if the incident was foreseeable or a deliberate act. A BDV attorney knows details make a big difference in how to approach a case, and work to get charges reduced or dropped.
Many times when police arrive, the party arrested is not the original perpetrator or is being falsely accused. The police have the job of stopping the domestic altercation and removing the supposed aggressor, but not establishing what happened in detail or the circumstances. That is the job of a good criminal defense attorney that understands the difficult situation, emotions, and happenings leading up to a BDV charge.
You Need Domestic Violence Las Vegas Defense Attorney
Due to the nature of BDV, most occur with intense emotions involved. Due to this, facts get clouded and clear thought along with it. A good Las Vegas domestic violence attorney will be able to determine if the incidence may have been an accident, if the accused was acting in self-defense, or the action was to protect against an attack by the other party. It may be that the entire charge was created to cause problems for the accused, and sometimes injuries were even self-inflicted by the supposed “victim”.
It has often been said that it is easier to get a first-degree murder charge reduced in Nevada than a first offense for battery domestic violence. The reason is Nevada law has specific guidelines for what constitutes the charge and how the courts should determine the outcome. If there is a call to the police for domestic violence, there nearly always will be an arrest regardless if the caller wants to forgo charges, period. And if there is any argument, the police will usually arrest both parties in the process since they cannot establish any facts. It is our job to be able to prove that the state has a very weak case, the statement of the accuser is highly questionable, or insufficient evidence can be proven to get a charge of BDV reduced or dropped.
It is never a good idea to self-represent in any battery domestic violence charge when you appear before the judge. Judges take a dim view of domestic violence in Nevada, knowing it too often leads to more serious issues including death. This is one reason probation is not allowed in first time BDV cases, however, a judge may rule to suspend the jail time if sufficient evidence is present to show the accused is a good candidate and provides no potential for further harm to the victim. Only a knowledgeable domestic violence counsel knows what to say, and how to say it, to the judge to explain the actual facts of a case for their consideration.
Many times a BDV case can be won based on self-defense or the incident being accidental. Too often we see cases of revenge being the motivation in nasty divorce or dissolution situations, especially where assets or children are being argued over. We have experience digging into self-inflicted wounds, false charges, and faked crime scenes to bring the truth to light. Often the accuser will be charged with bringing a false arrest, as the police do not take kindly to their time being wasted and lives being placed in danger.
There are a host of other charges and issues that can arise due to a charge of battery domestic violence in Nevada. Depending on the situation, if the accuser owns firearms, they may be seized temporarily or permanently with all rights to hold and own removed, child custody can be lost after a conviction, and restraining orders may be issued. Their actions may also result in elder abuse, stalking, harassment, and child abuse and endangerment charges. All of these are viewed seriously in this state.
Restraining orders can be particularly troublesome, as the accused is allowed no contact with the victim. In the case of shared housing and vehicles, this can prove an immense problem for continuing to make it to work and have a roof over your head. If the accused party happens to be involved in an immigrations process, BDV is a deportable offense. Nevada also recognizes extradition for battery domestic violence, so leaving to another state does not make the problem go away.
Charges Need to be Addressed by a Domestic Violence Attorney Las Vegas NV
Often in battery domestic violence cases the accuser asks to dismiss the charges, often out of fear of retaliation, they have made up with the accused, need income from the accused, or are afraid of injury or issues from friends and relatives of the accused. The charges will not be dropped in Nevada and the prosecutor’s office will pursue the charges, as they know the issues that led to the request. Those issues may provide ammunition for a good criminal defense attorney to get charges reduced, or penalties lowered for the accused. It is especially helpful to ferret out if the accuser was trying to be spiteful, cause problems, or seek revenge on the accused when they learn of the serious nature of false accusations.
It is possible to have battery domestic violence records sealed after a period of time, depending on the final adjudication and the subsequent actions of the accused. Lengths of time to file for a sealing of records varies according to the seriousness of the charge, and range anywhere from immediately if the charges are dismissed to a 10 year waiting period for a Category B felony. There is no sealing available for Category A. The reason it is important to have a criminal defense attorney knowledgeable in battery domestic violence work with the court to seal records is obvious, as reduction of charges can make a difference on job applications, child custody hearings, and other life events that may result in discrimination due to the criminal record and charge.
Hire the Best Domestic Violence Lawyer Las Vegas Has to Offer
It is tragic that domestic violence in Las Vegas is a reality, and there are victims. Make sure you are actually being accused of something you may or may not be guilty of when you are charged with battery domestic violence in Nevada. There are long term consequences to such a serious accusation, and you need the best domestic violence attorney in Las Vegas you can hire to handle the case. Call or contact the law office of David Brown Attorney Las Vegas at Brown Brown and Premsrirut to get the best representation available for a fair and impartial outcome in your case.

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Please Note: Your privacy is important to us. Information sent via this form is not protected by attorney/client privilege. We do not accept service of legal process or correspondence from opposing parties or their counsel through our website. Please view our Privacy Policy for more information.