Nevada Domestic Violence Laws
The state of Nevada is riddled with domestic violence cases. In fact, it is consistently ranking as the number one state in the nation when it comes to domestic violence according to Nevada Coalition Against Domestic Violence or NCADV. This year, it is declared as second worst state for domestic violence by a new study courtesy of Safe Nest, a domestic violence shelter in Nevada.
Domestic violence is defined as the act of using your power over your family members or someone you are in relationship with to control their movements and emotions. And no, domestic violence is not exclusive to physical assault. When there is physical assault, there usually are ripples of emotional and sexual abuse.
The Nevada Revised Statutes (NRS) are very clear about domestic violence laws and if you want to avoid the penalties enclosed on it, better read carefully about the domestic violence laws below.
Battery leading to domestic violence
The Nevada Revised Statutes counts domestic violence with battery in Nevada as a product of battery which is defined as unlawful use of force or violence upon another person.
Anyone can be a victim of domestic violence but usually it is the spouse, a child, or the most fragile family member such as a grandparent that becomes the prime target. Domestic violence is also not conclusive to a certain gender, it can affect anyone regardless of physical or emotional strength.
To deduce if you have been doing domestic violence to someone in your family or if you are experiencing it as a victim, here most common forms of domestic violence aside from battery as seen in NRS 33.018:
- Threating or forcing another person to perform an act
- Sexual abuse
- Harassment in forms of stalking, arson, trespassing, larceny, destruction of private property, injuring or killing an animal (in some cases, a pet), and carrying weapons without permission
- False imprisonment
- Forcible entry
All of these examples of abuse of power are usually interlaced with battery such as slapping, hitting with brute force, pushing, and even degrading acts such as spitting.
Penalties of Domestic Violence Charges
For a first offense of domestic battery in Nevada within seven years, the persecuted is subjected to a misdemeanor that might hold penalties of:
- Imprisonment whether in a city or a country jail like the Clark County Detention Center (CCDC) for not less than two days and not more than six months. However, this charge is rare for a first offense violation and would only likely come up in extreme situations.
- Community service of 48 hours to 120 hours
- Fines of at least $200 to $1,000
When violated for a second time within seven years, the charges are still misdemeanor with punishments such as:
- Imprisonment for not less than two days and not more than 6 months
- Community of service of 100 hours to 200 hours
- Fines not less than $500 and not more than $1000
A third domestic violence conviction within seven years is the most serious of all and is treated as a felony charge. It comprised of a 5-year imprisonment sentence.
Strangulation or bodily harm through the usage of weapons also means even graver consequences such as imprisonment of 15 years.
Getting Domestic Violence Charges Dismissed
With the help of a domestic violence attorney, you can get your domestic violence charges dismissed in Nevada. Of course, you would have to come up with certain defenses to uphold your stand. You can consider the following:
- Battery was an accident
- Battery was done in self-defense
- Battery was done mutually
- Battery did not produce any injuries
- Battery was fabricated by the supposed victim for vindictive purposes
You and your attorney can also work with the victim even before the case starts but know that even if you find a way to convince the victim to renounce the charges, the final say will still be on the prosecutor. If they find your case worthy of trial due to strong probable cause or evidences then you and your attorney will have to come prepared. Develop your alibi, show proof that there are no battery such as showing photos of the unscathed victim during times of the alleged encounters or finding witnesses such as family members that could prove that you did not harm the victim physically or mentally.
The Nevada domestic violence laws are clearly stated in the Nevada Revised Statutes so to learn of the penalties you can face and the steps to avoid it, read the section about battery domestic violence here.
A battery domestic violence does not only leave wounds to the body, it also damages the emotional, mental, and spiritual stability of a person. There can be instances in your life where you have hit a family member out of rage and you do not mean it at all. To prove that it was a clear mishap and not done in full intention, work with a battery domestic violence attorney to help rekindle your relationship with your family and rebuild your own morality.