familylawlv.com - Domestic Violence, Divorce, and Child Custody

The gradual decay of a relationship can lead to incidents of Domestic Violence.  Although violence is rarely legally acceptable, it does happen frequently in our society among people with a domestic relationship.  Relationships are very complex, and these situations can develop in a multitude of different ways.  One example of this downward progression is when non-physical arguments become arguments with minor physicality, which become arguments with more and more physicality.  This escalation of violence may cause irreparable damage to a relationship as the physical and emotional toll of these incidents is usually large.
When a relationship ends, there are legal implications if the couple has kids and/or is married.  Domestic Violence can play a large role in the custody of children and the division of assets.  Because of the connection between Domestic Violence and family law issues, George E. Robinson, Esq. has handled family law issues in the past for his criminal clients, but now he has formally expanded his practice to include family law.  A website is now online, familylawlv.com.

Subpoenas and Continuances

In many Battery Domestic Violence cases, a prosecutor must have testimony from the alleged victim of the  incident of domestic violence in order to secure a conviction at trial or present a sufficient amount of evidence at a pretrial hearing.  This is because in many cases of domestic violence, there are no other witnesses to the allegation.  Sometimes, Defendants attempt to rely on the nonattendance of witnesses to resolve their legal problems.  This may work, but there are many reasons why it may not. 
One reason this may not work is because the prosecutor may attempt to continue the hearing in order in find the non-attendant witness.  There are statutes and cases that detail when a prosecutor can and cannot continue an evidentiary hearing.  Normally, the Court is more concerned with the setting of a hearing when a defendant is in jail.  "If the defendant does not waive examination, the magistrate shall hear the evidence within 15 days, unless for good cause shown the magistrate extends such time."  NRS 171.196.
NRS 174.515(1) states, "When an action is called for trial, or at any time previous thereto, the court may, upon sufficient cause shown by either party by affidavit, direct the trial to be postponed to another day."
Before a magistrate may decide whether statutory "good cause" exists, the party seeking a continuance of a preliminary examination upon the ground of the absence of witnesses must prepare and submit to the magistrate an affidavit stating: (a) the names of the absent witnesses and their present residences, if known; (b) the diligence used to procure their attendance; (c) a brief summary of the expected testimony of such witnesses and whether the same facts can be proven by other witnesses; (d) when the affiant first learned that the attendance of such witnesses could not be obtained; and (e) that the motion is made in good faith and not for delay.  Hill v. Sheriff of Clark County, 85 Nev. 234, 235-236 (1969).
These factors and others must be taken into account when your attorney is handling your case.  Sometimes a case can be dismissed and not be refiled.  Sometimes there are specific strategies that can be employed to help you when it comes to the timing of a hearing.
If you have been charged with Battery, Battery Domestic Violence, or any crime related to a Domestic incident, or if a TPO has been issued against you, please visit georgeforjustice.com for help.