Charged With Domestic Violence: What Happens Now?
The words domestic violence brings up a whole slew of emotions and stereotypes for people regardless of what your experience with the subject is. Everyone has their own opinion about what should happen to a person charged with domestic violence..
Even if one is acquitted or the charges are dropped, the stigma attached can profoundly impact and even ruin a person’s life.
Domestic violence charges are different from other criminal charges in that police and prosecutors have certain rules and regulations they must adhere to no matter what.
An example of this is that police must arrest someone who they have probable cause to believe committed domestic violence in the last 24 hours.
If arrested you will remain in jail for at least 12 hours for the cooling off period.
This is just one example of how domestic violence charges are different from other criminal charges.
Being accused of domestic violence can significantly impact your life, even without a conviction; however, a conviction could have far more severe consequences.
You will absolutely need to hire an experienced defense attorney if charged with domestic violence, domestic battery or domestic abuse. The Defenders is a criminal defense firm located in Las Vegas, Nevada. Our team of attorneys understands the complexities and sensitivity surrounding these charges, and we are here to provide you with the best legal representation possible. Contact our office today if you are facing domestic violence charges.
What Is Domestic Violence in Nevada and What Are the Penalties?
NRS 200.485, the Nevada offense of battery domestic violence has to have two elements:
- You and the victim are or were in a domestic relationship, and
- You committed battery against the alleged victim
To understand domestic violence charges, you must understand what a domestic relationship is. A domestic relationship includes the following:
- Spouse: current, separated or divorced
- Domestic partnership either current or separated
- Co-parents of a minor child
- Significant other regardless of whether or not the relationship is exclusive
- Minor children
- Relative by blood or marriage
- Guardian of alleged victim
These relationships must exist for there to be battery domestic violence charges.
Violence against others like friends will be charged as battery or assault but not domestic violence.
The penalties for a conviction of domestic violence depend on certain factors like is this your first offense or the severity of the crime or injuries to the victim. For example:
- First offense within a 7 year period: Fines of up to $1000, 48 to 120 hours of community service, 6 months of counseling and a suspended jail sentence.
- Domestic battery with strangulation: Jail time of 1-15 years and up to $10,000 in fines depending on the specifics of the case.
Any battery domestic violence conviction with aggravating factors-A felony with up to 15 years in prison depending on the case.
So you can see the penalties can be very different depending on the charge.
What Is the Difference Between Domestic Violence and Domestic Abuse in Nevada?
When speaking about domestic violence or abuse generally people intermingle these terms when generally having a conversion about this subject.
In legal terms, they mean two very different things.
Domestic violence is a physical act, for example hitting , spitting, or punching. This can also include threatening or intimidation.
Domestic abuse is more about how someone treats another. For example, this can involve humiliating, or belittling someone. Isolating someone is a form of domestic abuse. While most domestic abuse by itself is not illegal and signs of a bad relationship where the participants of that relationship should not be together.
Domestic abuse in some cases can lead to domestic violence and can be used as examples and evidence in court against a person charged with domestic violence.
This is why it’s important to have an aggressive defense attorney like The Defenders.
The only way to get charges of domestic violence dropped or reduced is if your lawyer can prove that there is insufficient evidence to prove your guilt beyond a reasonable doubt.
Even if the alleged victim recants or doesn’t want to press charges the prosecutors who have evidence like domestic abuse can not drop or reduce the charges.
What Happens When You Are Charged With Domestic Violence in Nevada
If the police are called for a domestic violence case, they are required to arrest you if they believe you have committed domestic violence in the last 24 hours. When police arrive for a domestic violence call, they will most likely separate the two parties that are involved and speak with them separately.
If you are ultimately arrested and taken into custody, you need to invoke your Miranda rights and not answer any questions.
Know that you will not be released under any circumstances for at least 12 hours or the cooling off period.
You may need to post bail to get out of jail and the amount of bail is dependent on the charges against you.
The more cases of domestic violence against you, the higher the bail. If you are charged with felony domestic battery charges you could be paying up to $20,000 in bail to get out of jail.
Having a lawyer you can trust while facing these charges can help get bail reduced or even to be released on your own recognizance.
In most cases, you will not be able to contact the victim while out on bail awaiting trial.
In some cases, either the victim or the court will issue a restraining or protective order to keep you away from the alleged victim.
Failing to adhere to these orders may get you back in jail.
Restraining Orders in Domestic Violence Cases
Restraining orders or protection orders can vary in form and what they are to accomplish.
Temporary Protection orders or TPO’s are just that temporary and last up to 45 days.
Extended protection orders or EPO’s last up to one year.
The process is the same and the alleged defendant is not present when these orders are granted by the court.
If the protective order is filed early enough in a day, then the order will take effect that day and the defendant will be served or notified by the court of the order.
The adverse party or the party facing charges must abide by the terms of the protective order or face additional criminal charges.
Violating a protective order charges are separate and a part of the other charges you may be facing.
A person can have a protection order dissolved by the court granting a motion after a hearing. Judges can either decide to keep the protection or dissolve based on evidence at the hearing.
Do I Need a Lawyer?
The simple answer is yes, you definitely need a lawyer charged with domestic violence or domestic abuse.
These charges are serious and can have far reaching consequences even beyond the criminal charges you may be facing.
Many people are unaware that if you are charged with a crime while holding a licensed position, such as a nurse or teacher, you could face job loss or suspension simply for the charges, even before a conviction.
In the unfortunate event that someone accuses you of domestic violence for revenge purposes, having an experienced lawyer can help you fight these false charges and protect your rights.
An experienced defense law firm like The Defenders will investigate the claim to determine if the case even has merit before coming up with a strategic defense.
Prosecutors are statutorily prohibited from dropping domestic violence charges unless a skilled lawyer can prove that the evidence is insufficient to prove guilt beyond a reasonable doubt.
Even if the person making the claim recants their statement, the case will usually move ahead.
Hiring a lawyer like The Defenders assures you that you are and your lawyers are doing everything possible to gain the best possible outcome for your particular circumstances.
If you are facing domestic violence charges, you need to take it seriously and seek legal representation immediately. Contact our office today for a free case evaluation.
Frequently Asked Questions
What is the difference between domestic violence and domestic abuse?
Domestic violence refers specifically to physical acts of harm, such as hitting or threatening someone. In contrast, domestic abuse encompasses emotional and psychological harm, including humiliation, isolation, and manipulation. Understanding this distinction is essential, as it can significantly affect legal definitions and available defenses in court. Both are serious issues that require immediate attention and appropriate legal representation.
What should I do if I’m falsely accused of domestic violence?
If you find yourself falsely accused of domestic violence, it is critical to remain calm and seek professional legal assistance immediately. A skilled attorney can help collect evidence, interview witnesses, and formulate a robust defense strategy. It’s important to avoid discussing the allegations publicly or with the accuser, as any comments could be detrimental to your case. Documenting all interactions and securing evidence can also strengthen your defense.
How does a restraining order affect my legal case?
A restraining order can have significant implications for your legal situation. It prohibits you from contacting the alleged victim, and violating this order can lead to additional criminal charges, which may complicate your domestic violence case further. Restraining orders can also influence aspects like bail conditions and may impact your ability to access your home or personal belongings. Always consult your attorney to ensure you fully understand the implications of any orders against you.
What are the potential consequences of a domestic violence conviction?
A conviction for domestic violence can lead to severe repercussions, including jail time, substantial fines, and probation. Beyond legal penalties, individuals may face loss of employment, damage to their reputation, or restrictions on gun ownership. These long-term consequences underscore the importance of hiring an experienced defense attorney to navigate your case. Understanding the full breadth of potential outcomes can inform your decisions throughout the legal process.
How can I find a qualified attorney for my domestic violence case?
Finding a qualified attorney requires careful consideration of their expertise in domestic violence law and their overall experience. Begin by seeking recommendations from trusted sources or researching law firms that specialize in this area. Schedule consultations with potential lawyers to discuss your case and assess their understanding of the legal system. Ensure that you’re comfortable with their communication style and strategy, as a strong attorney-client relationship is crucial for navigating this challenging situation.
