Pursuant to Nevada law when police officers arrive at a situation where there is an allegation of Domestic Violence, "the peace officer shall attempt to determine which person was the primary physical aggressor." NRS § 171.137. This evaluation becomes more difficult when there is mutual physicality between the participants.
Pursuant to the State of Nevada Domestic Violence Prosecution Best Practice Guidelines,
"In situations where more than one domestic violence incident may have occurred, the "primary" aggressor is the person determined to be the dominant aggressor, not necessarily the first person to use force or violence. In making this determination, the following should be considered:
a. The comparative extent of injuries or serious threats creating a fear of physical injury.
b. The domestic violence history between the parties involved.
c. The comparative sizes and vulnerability of the parties involved.
d. The demeanor of the parties involved, paying attention to excited utterances and emotional state.
e. Any weapons used or threatened for use by either party.
f. Any claims of self-defense, defense of others, defense of property, coersion, or trespass. The presence of defensive wounds, which may incude scratches to the suspect's face arms and hands or to the victim's neck in cases involving strangulation.
g. Any witness statements.
h. Whether there was an excessive response to the other parties' actions and/or time delay between domestic violence incidents.
i. Whether there was a time delay between domestic violence incidents.
j. The environment in which the violence occurred."
These factors are not always used by officers, and when they are used, they are not always used properly. These factors can produce good defenses in many cases, but you need to retain counsel who will spend time to fully develop your case.
If you have been charged with Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.
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