- Nevada Domestic Violence
- Nevada Domestic Violence Law
- Domestic Violence-Related Crimes
- Criminal Penalties for Nevada Domestic Battery
- First Offense
- Second Offense
- Third Offense
- Penalty Enhancements for Domestic Battery
- Domestic Violence Orders of Protection
- Seeking Legal Representation for Domestic Violence Defense
Nevada Domestic Violence
Domestic violence is a serious, persistent crime characterized by a pattern of abusive or violent behavior committed in the context of an intimate relationship, domestic partnership or cohabitation. In Nevada, acts of domestic violence can involve assault, battery, sexual assault, harassment, stalking, false imprisonment, or any other violent, abusive, intimidating or threatening behavior perpetrated by one person against an intimate partner or family or household member. If you have been arrested or charged with domestic battery or another domestic violence-related crime in Nevada, do not wait to seek qualified legal representation. Domestic battery is a crime that carries severe penalties upon conviction and your best chance at winning your case is to retain the services of a knowledgeable Nevada domestic violence defense attorney who knows the law and can protect your rights.
Nevada Domestic Violence Law
The Nevada Criminal Code broadly defines domestic violence as any violent, abusive or threatening act committed against a family or household member. Under Nevada law, a “family or household member” includes a spouse or former spouse, any person to whom the accused is related by blood or marriage, any person with whom the accused has or had a dating relationship, any person with whom the accused has a child in common, the accused’s minor child, the minor child of any family or household member of the accused, or any person who has been appointed the custodian or legal guardian of the accused’s minor child. The law specifically excludes siblings and cousins, except those who are in a custodial or guardianship relationship with the accused.
Domestic Violence-Related Crimes
Nevada’s domestic violence laws prohibit violent crimes perpetrated by one family or household member against another family or household member. The following are some common examples of acts that can constitute domestic violence in Nevada if committed against a protected person who falls under the category of family or household member:
- Assault (NRS § 200.471)
- Battery (NRS § 200.481)
- Sexual assault (NRS § 200.366)
- Coercion (NRS § 207.190)
- Harassment (NRS § 200.571)
- Stalking (NRS § 200.575)
- False imprisonment (NRS § 200.460)
Criminal Penalties for Nevada Domestic Battery
The penalties imposed by the court for acts of domestic violence can vary a great deal depending on the nature and severity of the underlying crime. For instance, if you are charged with committing a battery against a family or household member in Nevada, you can face criminal charges under NRS § 200.485, Nevada’s battery which constitutes domestic violence law.
Under this law, a first offense for battery against a protected family or household member is a misdemeanor, punishable by imprisonment in the city or county jail or detention facility for at least two days but not more than six months, between $200 and $1,000 in fines, and between 48 and 120 hours of community service.
As a second offense within seven years, battery which constitutes domestic violence is a misdemeanor crime punishable by imprisonment in the city or county jail or detention facility for at least 20 days but not more than six months, between $500 and $1,000 in fines, and between 100 and 200 hours of community service.
For a third offense within seven years, an offender convicted of battery which constitutes domestic violence is guilty of a category B felony, a crime punishable by imprisonment in the state prison for at least one year but not more than six years and between $1,000 and $5,000 in fines.
Penalty Enhancements for Domestic Battery
There are certain factors that can result in an enhanced punishment for domestic violence crimes in Nevada. For instance, if a battery which constitutes domestic violence is committed by strangulation, the crime can be charged as a category C felony, even as a first offense. If the alleged victim of a Nevada domestic battery crime was pregnant at the time of the battery and the accused knew or should have known that the victim was pregnant, the crime can be charged as a gross misdemeanor for a first offense or a category B felony for a second or subsequent offense. Domestic battery can also be charged as a category B felony if the alleged victim sustains substantial bodily harm. In some cases, a prior domestic battery conviction can also be used to increase the penalty for a new conviction on charges of battery which constitutes domestic violence. Pursuant to NRS § 200.485, if a person has been previously convicted of felony domestic battery or a battery committed with the use of a deadly weapon and that person commits a new domestic battery crime, he or she is guilty of a category B felony.
Domestic Violence Orders of Protection
In certain Nevada domestic violence cases, the court may grant a temporary or extended order of protection intended to protect the alleged victim from continued abuse at the hands of the accused. If you have a temporary or extended domestic violence order of protection issued against you, you could be prohibited from contacting, threatening, harassing or physically injuring the alleged victim (the petitioner). You could also be ordered to leave your home and/or be forced to pay monetary compensation to the petitioner for expenses and lost earnings. The order may also grant temporary custody of your minor children to the petitioner and order you to pay rent or make mortgage payments on the petitioner’s home, among other rigid requirements and restrictions.
Seeking Legal Representation for Domestic Violence Defense
What sets domestic violence apart from other criminal acts is the relationship between the offender and the alleged victim. If you are accused of abuse or violence perpetrated against an intimate partner or a member of your family or household, you could face criminal charges for domestic violence. Depending on the circumstances surrounding the charges, you could even be charged with felony domestic battery for a first offense. Domestic violence is a serious and pervasive crime, one that is taken very seriously by Nevada law enforcement officers and prosecutors. If you have been charged with domestic battery or accused of battery in a domestic violence protective order, you need the help of a skilled domestic battery defense attorney who understands the intricacies of Nebraska domestic violence laws and can guide you towards a satisfactory resolution in your case.