What Counts as Domestic Violence Under Nevada Law?
Although allegations of domestic abuse were once swept under the rug, the State of Nevada now takes such allegations very seriously. If you have been accused of domestic violence under Nevada law, it is crucial to understand how Nevada law defines domestic violence, what types of relationships and actions may lead to domestic violence charges, and why these cases are taken so seriously. If you have specific questions about allegations of domestic violence in Nevada, contact The Vegas Lawyers today by calling (725) 217-4768 to schedule your free consultation.
How Nevada Defines Domestic Violence
Governed by NRS 33.018 in Nevada, domestic violence is defined by both the conduct of the accused and by the relationship between the accused and the alleged victim. As such, “domestic violence” may encompass a variety of criminal conduct, such as battery, stalking, assault, and false imprisonment. While most people envision broken bones, bruises, and lacerations as evidence of domestic violence, it is important to understand under Nevada’s expansive definition of domestic violence, physical harm may not be required to successfully prosecute a defendant for domestic violence.
Relationships That Qualify as Domestic Violence
The relationship between the accused and the alleged victim is an essential element in any Nevada domestic violence prosecution. A common misconception is that you must be married to, or living with, and alleged victim to be charged with domestic violence. Nevada law, however, dictates that any of the following relationship may satisfy the ‘relationship” element of a domestic violence case:
- A spouse or ex-spouse.
- A blood relative or relative by marriage.
- A current or former dating partner.
- A person with whom you share a child.
- A minor child of any of the above.
- Your minor child or a child you are legally responsible for as a guardian.
Acts That Are Considered Domestic Violence
People also frequently operate under the (incorrect) assumption that a victim must show obvious physical signs of harm for domestic violence charges to be considered. While physical harm, including battery, can certainly qualify as domestic violence, there are a wide variety of other behaviors that can also form the basis for a domestic violence prosecution, including:
- Assault: An assault does not require physical conduct. Instead, it only requires the victim to be placed in fear of immediate harm.
- Sexual assault: While sexual assault often does leave physical marks, it can occur without obvious physical signs.
- Stalking: Stalking typically occurs without the perpetrator and victim ever coming into contact with each other.
- False Imprisonment: Restraining a victim’s freedom qualifies as false imprisonment, with or without physical harm.
Misdemeanor vs. Felony Domestic Violence Charges
In the State of Nevada, domestic violence may be charged as a misdemeanor or a felony, depending on the facts of the case and your criminal history (or lack thereof). If there are no aggravating circumstances and this is your first domestic violence conviction within the last seven years, you will likely be charged with misdemeanor domestic violence. A second domestic violence conviction within seven years is also a misdemeanor, albeit with harsher potential penalties.
Domestic violence that includes strangulation bumps the charges up to a Category C felony in Nevada and if you are charged with a third domestic violence offense within the same seven-year period, you may be charged with a Category B felony. You may also face Category B felony charges for domestic violence if the alleged victim sustained serious bodily injury or a deadly weapon was used during the commission of the crime.
Protective Orders and Immediate Consequences
Most Nevada law enforcement agencies follow mandatory arrest policies that require them to make an arrest when they have probable cause to believe domestic battery occurred within the prior 24 hours. Once an arrest has been made, a temporary protective order or “no-contact” order is typically issued by the court based solely on the nature of the charges. This order prohibits you from having contact, of any type, with the alleged victim in the case and it is crucial that you abide by this order because a violation of the no-contact order can result in additional criminal charges being filed against you by the State of Nevada.
The temporary protective order may eventually be made permanent by the court, potentially having far-reaching and long-lasting consequences, such as preventing you from returning to the family home, prohibiting you from owning or possessing a firearm, and impacting your parenting time with minor children.
Penalties and Long-Term Consequences of a Conviction
If you are facing accusations of domestic violence in Nevada, it is imperative to understand the immediate penalties and long-term consequences of a domestic violence conviction. The judicial penalties for a misdemeanor domestic violence conviction may include several days or more in jail, probation, community service work, anger management classes, and court fines and costs. A felony conviction for domestic violence in Nevada may result in a term of imprisonment of one to 15 years.
Along with a judicial sentence, you may face serious non-judicial consequences for a domestic violence conviction. For example, you may face disciplinary action if you hold a professional license or be disqualified for future employment. In addition, if you are not a U.S. citizen, a domestic violence conviction may be grounds for removal.
Outline potential penalties such as jail time, fines, counseling, loss of firearm rights, and permanent criminal records. Highlight the impact on employment, immigration status, and professional licensing.
Why You Should Speak with a Nevada Domestic Violence Defense Lawyer
Early legal representation is critical in domestic violence cases because the negative consequences of domestic violence allegations begin long before a conviction occurs. An experienced Las Vegas domestic violence defense attorney can ensure that your rights are protected from the moment you are arrested. Moreover, your attorney can conduct an independent investigation, challenge evidence presented by the State and advocate on your behalf throughout the prosecution of your case. If you have been accused of domestic violence in Nevada, contact The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.