Domestic violence in Nevada typically refers to a physical altercation between two people who are dating, living together, or are related by blood or marriage. The altercation could involve punching, shoving, assault, threatening behavior, or verbal abuse.
Domestic abuse can also take the form of actions meant to torment the victim, like:
- Damage to private property
- Carrying a weapon covertly without a license
- Causing harm or animal death
You must immediately call 911 or your local police if you are experiencing a domestic violence emergency and fear for your safety. Sadly, domestic abuse happens frequently, and emergency services are ready to step in. Additionally, there are local domestic abuse hotlines that offer support.
Domestic violence shelters are also available to protect anyone attempting to flee a violent situation. However, because these shelters typically only take female victims and their kids, male victims of domestic abuse could not get the support they require.
What Kind of Evidence Can Be Used in a Case of Domestic Violence?
A prosecutor will seek to establish beyond a reasonable doubt that a defendant engaged in a violent altercation with a relative or romantic partner by:
- In the victim’s testimony, accusations of domestic violence.
- Eyewitness accounts
- Background information on the perpetrator of domestic abuse
- Any admission of domestic abuse made by the individual
- Reports on the purported victim’s health
- Photographs of the purported victim’s wounds
What Sort of Punishment Can I Expect for Domestic Violence?
The specific punishment is determined by how many violations a person is found guilty of within a seven-year period. Any second domestic violence violation is a category C felony, even though the first two domestic violence convictions are misdemeanors. First-time domestic violence offenders face the following penalties:
- 2 days – 6 months in prison
- A $200 to $1,000 fine
- Community service of between 48 and 120 hours
- Weekly therapy for six to twelve months
A second conviction for domestic abuse results in the following penalties:
- 10 to 6 months in prison
- A fine of $500 to $1,000 will be assessed.
- 100 to 200 hours of volunteer work
- Counseling once a week for a year
Any additional domestic violence convictions will result in the following:
- Jail sentence of one to five years
- A $10,000 fine
- A fee and incarceration
How Can I Safeguard Myself Against Domestic Abuse?
First, it is not the victim’s duty to defend themselves against a violent individual. The onus is on the abuser to refrain from abusive behavior. Therefore, if you are a victim of domestic abuse, there are some things you can do to look for yourself and stop the abuse from getting worse.
These safety precautions may consist of, but are not limited to:
- Determine safe areas within and outside of your home where you may call for assistance or run away;
- If you can, let your relatives and friends know that you need aid right away because you are in danger;
- Make a list of emergency contacts and learn them by heart;
- Consider requesting a protective or restraining order.
In some areas, a court order preventing one person from injuring another is known as a restraining order or protective order. Restraining orders often demand that the offender take, or refrain from taking, a particular activity.
Having the abuser keep fifteen feet away from the victim or end all contact would illustrate this.
Having a police report often makes it simpler to get such orders. Most states mandate an arrest in response to domestic violence calls. If the police are called to a scene, at least one individual participating in the conflict must be taken into custody.
The authorities are required to hear each person’s version of what happened, note any injuries, and then immediately determine who is the real abuser or attacker. It is critical to be ready and present any proof you have regarding your abuser’s prior history of domestic violence because they must detain at least one person involved.
Many individuals erroneously think that rules against domestic violence solely shield wives from physical attacks by their husbands. This is false; domestic violence legislation has been expanded to protect various groups of individuals. These groups might consist of, but not be limited to:
- Partners of any gender;
- Boyfriends, girlfriends, and other close friends of any gender;
- Elderly people who family members mistreat; and
- Abuse between roommates.
How Are Claims for Domestic Violence Handled?
A domestic abuse claim may be heard in one of three courts:
- Criminal Court: The state brings charges against the abuser in a criminal court. For the matter to be heard in a criminal court, the abuser would need to be arrested;
- Civil Court: A civil court would deal with a lawsuit concerning a violation of a protection order and financial damages. The matter may go directly to civil court, where a restraining order may be issued if the abuser was not arrested or the victim was safely removed from the situation.
- Divorce or Family Court: If domestic violence were related to disputes over child custody and visitation, the claim would probably be settled in a divorce or family court. In many states, domestic abuse cases, including restraining orders, can be handled by divorce or family courts.
One of the first things you should do if you are experiencing domestic abuse is to call the police or your state district attorney, as was already said. Before a needed court hearing, where you will be expected to prove that you were mistreated or threatened with abuse, they will give you advice. You must typically appear in court to seek a protection order to shield you from additional domestic abuse. The judge will sign the order.
The abuser will probably suffer harsh repercussions if the command is disobeyed. The abuser will probably be charged for their conduct and violating the order because doing so is regarded as a separate offense. Domestic abuse alone can have the following legal repercussions, but is not limited to:
- Criminal sanctions, including a fine and time, served in jail or prison;
- Payment of compensation to the sufferer;
- Courses in rehabilitation;
- Cancellation or suspension of parental responsibility; and
- Loss of several other rights, including the right to own a gun.
What Legal Defenses Exist in Nevada to Defend Against Domestic Charges?
The most typical responses to domestic abuse include:
- Erroneous accusations
- The claimed victim injured themselves.
Do I Need a Lawyer to Defend Myself Against the Charge of Domestic Violence?
In Nevada, domestic abuse is a serious offense. You should speak to a local Nevada family lawyer in your area to learn more about defenses and your legal rights.
A qualified and knowledgeable family lawyer should be consulted as soon as possible if you are a victim of domestic violence. An expert family law attorney can help you obtain a restraining order, divorce, or legal separation and provide information on your legal rights and remedies.
A criminal defense attorney can assist you in defending yourself and in understanding your rights and alternatives if you are accused of domestic abuse. A skilled criminal defense lawyer can also represent you in required court appearances.