Domestic Violence Defense Blog

Domestic Violence on the Las Vegas Strip

2012-03-08T15:37:00.000-08:00

Las Vegas Strip and Downtown hotel rooms serve as the location for many arrests by the Las Vegas Metropolitan Police Department for Battery Domestic Violence. There are a few reasons for this. The first is that many vacationers to Las Vegas consume large amounts of alcohol which can lead to more explosive and violent interactions between domestic partners.
The second is gambling. Gambling can lead to stressful situations when people have risked more resources than they can afford to. This can result in heated arguments between people who share resources. Sometimes these heated arguments become physical.
The third is an issue of proximity. If you are in a single family residence with a yard and you get into an argument, chances are no one is going to hear it because there is a large buffer in between homes. In a hotel room, that buffer is not there, so if you get into an argument, the concerned person in the room next to yours is going to call security.
Fourth, when security comes to the room, someone is probably going to be arrested. Las Vegas hotels do not want "problems" on their property because one problem could effect many people when everyone is in such close proximity. If they feel you are a problem, you will most likely be removed by security and then taken to jail by police.
Many situations that arise in hotel rooms are just arguments with little or no physicality, but, for the above reasons, someone gets arrested.
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.

In Nevada, Domestic Violence Cases are Enhanceble

2012-02-15T14:51:00.000-08:00

Enhanceable, which means if you are convicted of Battery Domestic Violence, and, after the first conviction, you are charged and convicted again, the penalties are higher for the subsequent conviction. This is similar to laws enacted to prevent drunk driving. The law that describes these enhancements is NRS 200.485. The relevant sections are reproduced below.
"1. Unless a greater penalty is provided pursuant to subsection 2 or NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018:
(a) For the first offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and
(2) Perform not less than 48 hours, but not more than 120 hours, of community service.
The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur at a time when the person is not required to be at his or her place of employment or on a weekend.
(b) For the second offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and
(2) Perform not less than 100 hours, but not more than 200 hours, of community service.
The person shall be further punished by a fine of not less than $500, but not more than $1,000.
(c) For the third and any subsequent offense within 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130...."
Also, a person convicted of a second offense battery domestic violence within 7 years must attend counseling seesions once a week for 52 weeks as opposed to 26 weeks for a first offense. NRS 200.485(3).
This is another reason why retaining effective counsel is so important in a battery domestic violence case because you may be able to prevent these enhanced penalties in a subsequent case. There are also legal and factual defenses that may arise in the subsequent cases regarding the prior convictions.
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.

Stalking and Texting

2012-02-13T12:19:00.000-08:00

In some Domestic Violence cases, there are allegations of stalking. A common example of stalking would be a scorned lover who uses the telephone to call their ex-girlfriend a hundred times, making her feel threatened or harassed. In most scenarios, this would be charged as a misdemeanor crime if prosecuted.
New technology and people making threats over the internet and text message has inspired lawmakers to enact new legislation regarding stalking. An example of this is NRS § 200.575(3) which states, "A person who commits the crime of stalking with the use of an Internet or network site, electronic mail, text messaging or any other similar means of communication to publish, display or distribute information in a manner that substantially increases the risk of harm or violence to the victim shall be punished for a category C felony as provided in NRS 193.130." This new law is a more serious crime than the misdemeanor discussed above.
The use of the internet or other eletronic media to threaten, harass, or publish undesirable material about another is very problematic to defend against for obvious reasons. Mainly because there will always be a record of the communication. Another is that these communications could subject a person to more severe criminal punishments. There are defenses to these cases as some communications could be determined to be inadmissable at trial, or taken out of context in the situation.
If you have been charged with Battery, Battery Domestic Violence, Stalking, Harassment or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.

Temporary Protective Orders Are Easy To Get

2012-02-09T14:38:00.000-08:00

When a person feels threatened by another person and does not want to interact with that person any longer, one thing they can do is ask a court for an order making it a crime for that scary person to interact with them. This court order is call a protective order in Nevada. In some other jurisdictions, it is called a restraining order. Protective orders are easy to get. As a matter of public policy, our lawmakers have made protective orders easy to receive because we have determined that it is better for a protective order to be granted in a situation where it is truly not needed than the opposite.
When we talk about the ease in which a Protective Order can be obtained, we must discuss burdens of proof. There are different amounts of evidence which must be shown to the Court in different legal situations for courts to take action. In criminal cases, law enforcement must present evidence which shows that a crime was committed "beyond a reasonable doubt." Reasonable doubt is defined by NRS § 175.211 as shown below.
"A reasonable doubt is one based on reason. It is not mere possible doubt, but is such a doubt as would govern or control a person in the more weighty affairs of life. If the minds of the jurors, after the entire comparison and consideration of all the evidence, are in such a condition that they can say they feel an abiding conviction of the truth of the charge, there is not a reasonable doubt. Doubt to be reasonable must be actual, not mere possibility or speculation." There is a vast amount of law and legal theory on this concept, and any further discussion of this burden is beyond the scope of this blog.
In civil litigation, the burden is normally a "preponderance of the evidence" which is defined by Nevada Civil Jury Instruction 3.00. Preponderance of the evidence "means such evidence as, when weighed with that opposed to it, has more convincing force, and from which it appears that the greater probability of truth lies therein." More simply, more likely than not.
For a Protective Order to be issued in a situation where there is an allegation of Domestic Violence, the applicant must show to the "satisfaction of the court from specific facts shown by a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence." NRS § 33.020(1).
This "satisfaction of the court" burden is not well defined, but it is clearly low. Definitely lower than preponderance of the evidence. Therefore, the Court has great latitude in issuing Protective Orders. This makes Protective Orders very easy to obtain, especially temporary protective orders because they are issued without a hearing.
One problem with the ease of obtaining a Protective Order in the modern world of information sharing is that the world can find out that a Protective Order was issued against you. This can have a significant effect on a person's life, both personally and professionally. It is possible to defend against the issuance of some Protective Orders like Extended Orders, but it is difficult, especially without an attorney.
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.

The Police Didn't Read Me My Miranda Rights

2012-01-27T11:54:00.000-08:00

The police don't necessarily have to read you the Miranda "rights" or warnings for you to be arrested, charged, or convicted of a crime. As a brief overview, the name Miranda comes from the case Miranda v. Arizona which was heard by the U.S. Supreme Court. 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966). The U.S. Supreme Court stated in Miranda that if law enforcement takes statements from a suspect during a custodial interrogation, they must read the suspect the Miranda warnings prior to the questioning. If they do not, it may violate your Fifth Amendment right against self-incrimination, and law enforcement may not be able to present those statements at an evidentiary hearing. There are exceptions to this rule, and there is a voluminous body of case law that details the Miranda warnings and what a custodial interrogation is, etc.
A violation of a defendant's Fifth Amendment rights could affect a Battery Domestic Violence case. Many times law enforcement's case hinges on a statement that was made to an officer who arrives at the scene shortly after the alleged incident. An attorney needs to carefully review the case, and, depending on the overall strategy in the case, prepare a request to the Court to disallow the presentation of the statement in question at trial.
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.

Statements Made at Hearings for Protective Orders

2012-01-11T16:07:00.000-08:00

In order to extend a Protective Order past the initial 30 day temporary period, a hearing must be held in which the Applicant has to affirm the facts alleged in the application under oath. At this hearing, the Adverse Party may present testimony to the contrary. Unlike most criminal actions where Defendants have the right to counsel and are protected, there is no right in this context. Adverse Parties must be very careful as to what they present because statements made at the hearing regarding the protective order are admissible at subsequent hearings, like criminal or civil trials. The relevant part of the evidentiary code is stated below. "Hearsay" means a statement offered in evidence to prove the truth of the matter asserted unless:
1. The statement is one made by a witness while testifying at the trial or hearing;
2. The declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is:
(a) Inconsistent with the declarant's testimony;
(b) Consistent with the declarant's testimony and offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive;
(c) One of identification of a person made soon after perceiving the person; or
(d) A transcript of testimony given under oath at a trial or hearing or before a grand jury; ...
NRS § 51.035
Many times non-lawyers do not realize that they are making admissions to criminal acts or civil liability when they are under oath at these hearings. This is another reason to retain counsel before the hearing to extend a protective order.
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.

Defendants' Conversations with Witnesses Under Subpoena

2012-01-04T15:55:00.000-08:00

In Domestic Violence cases, many times alleged victims, who are under subpoena or will be subpoenaed, and Defendants in cases still associate with one another. They are husbands and wives, boyfriends and girlfriends, etc. Defendants in these situations need to be very careful as to what they say to alleged victims in these situations because certain statements could constitute criminal acts.
For instance, certain statements could be considered preventing or dissuading person from testifying or producing evidence. Nevada law states, "A person who, by persuasion, force, threat, intimidation, deception or otherwise, and with the intent to obstruct the course of justice, prevents or attempts to prevent another person from appearing before any court, or person authorized to subpoena witnesses, as a witness in any action, investigation or other official proceeding, or causes or induces another person to be absent from such a proceeding or evade the process which requires the person to appear as a witness to testify or produce a record, document or other object, shall be punished:
1. Where physical force or the immediate threat of physical force is used, for a category D felony as provided in NRS 193.130.
2. Where no physical force or immediate threat of physical force is used, for a gross misdemeanor."
NRS 199.230.
Statements by Defendants to alleged victims about appearing in court, or even discussions about the perception of the events in question could make a bad situation even worse, especially if the relationship turns sour. This is even more of a concern when the communication is via text message, email, or other written form.
For a more in-depth discussion of this area of law, or others that deal with subpoenas and witnesses, please contact me through georgeforjustice.com
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.

What is Harassment?

2011-11-01T16:55:00.000-07:00

Allegations of harassment arise frequently in applications for protective orders, but what exactly is harassment pursuant to Nevada law? This allegation is probably most common when people in a domestic relationship have a disagreement which results in a verbal altercation. Most people's connotation of harassment is related to a persistent annoyance, but the conduct in question must go past annoyance under Nevada law to legally constitute harassment.
Harassment is defined by Nevada law as follows:
1. A person is guilty of harassment if:
(a) Without lawful authority, the person knowingly threatens:
(1) To cause bodily injury in the future to the person threatened or to any other person;
(2) To cause physical damage to the property of another person;
(3) To subject the person threatened or any other person to physical confinement or restraint; or
(4) To do any act which is intended to substantially harm the person threatened or any other person with respect to his or her physical or mental health or safety; and
(b) The person by words or conduct places the person receiving the threat in reasonable fear that the threat will be carried out. If a court decides that person has committed an act that fits within this definition, the person is guilty of a misdemeanor crime. It is also enhanceable as a second conviction would be a gross misdemeanor. NRS 200.571
As stated above, this allegation normally appears in applications to the court for protective orders and not as a criminal charge. Even in the applications, the conduct in question must fit the definition of harassment. Adverse parties must take into account that, as discussed in this blog in previous posts, the burden of proof is significantly lower to have a protective order issued than it is for a guilty verdict in a criminal case. It is important to consult an attorney if a protective order has been issued against you as some allegations in applications for protective orders do not rise to the level of harassment as a matter of law, and an attorney should be able to have the protective order dissolved.
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.

Subpoena Power Over Witnesses Who Live Outside of Nevada

2011-10-06T12:32:00.000-07:00

Extra procedural steps must be taken to secure the presence of witnesses who reside outside of the state of Nevada. Nevada courts only have jurisdiction, or power, to control people who are within Nevada's borders. In order to command people from other states to appear in a Nevada court as a witness, a Nevada court can issue a certificate to the court in the county where the witness resides. The law is called the Uniform Act To Secure the Attendance of Witnesses From Without a State in Criminal Proceedings which the vast majority of states in the U.S. have adopted into their own state laws.
In Nevada for witnesses who are located out of state, it reads: 1. If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in this State, is a material witness in a prosecution pending in a court of record in this State, or in a grand jury investigation which has commenced or is about to commence, a judge of such a court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this State to ensure the witness's attendance in this State. This certificate must be presented to a judge of a court of record in the county in which the witness is found.
2. If the witness is summoned to attend and testify in this State the witness is entitled to receive the amount required by NRS 50.225 for subsistence and travel expenses. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this State a longer period of time than the period mentioned in the certificate unless otherwise ordered by the court. If such witness, after coming into this State, fails without good cause to attend and testify as directed in the summons, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this State. NRS 174.425
The prosecutor must take these steps to obtain power to order the witness to appear in a Nevada court. This power really comes from the court of the sister state who Nevada is requesting to appear as the Nevada court cannot control what happens to people in other states. Although their are unifrom acts which allow for standardized rules between the states, it is ultimately up to the other state to get the witness from within its borders.
For a more in-depth discussion of this area of law, or others that deal with subpoenas and witnesses, please contact me through georgeforjustice.com
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.

Nevada vs. California: Comparative Penalties for a Domestic Violence Conviction

2011-08-19T14:31:00.000-07:00

Many people believe that the penalties in Nevada for a Battery Domestic Violence conviction are more severe than in other states. In a situation where there is a verbal argument and minimal physical contact, a typical statement from a reluctant or recanting alleged victim or defendant is: "In California, this never would have been blown out of proportion like it is here. No one would have been arrested and charged with a crime there, and the penalties aren't as bad."
The California misdemeanor Battery Domestic Violence statute is included below.
(e)(1) When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant's child, former spouse, fiance, or fiancee, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. If probation is granted, or the execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participate in, for no less than one year, and successfully complete, a batterer's treatment program, as defined in Section 1203.097, or if none is available, another appropriate counseling program designated by the court. However, this provision shall not be construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIII B of the California Constitution.
(2) Upon conviction of a violation of this subdivision, if probation is granted, the conditions of probation may include, in lieu of a fine, one or both of the following requirements:
(A) That the defendant make payments to a battered women's shelter, up to a maximum of five thousand dollars ($5,000).
(B) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant's offense.
For any order to pay a fine, make payments to a battered women's shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant's ability to pay. In no event shall any order to make payments to a battered women's shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. Where the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted.
(3) Upon conviction of a violation of this subdivision, if probation is granted or the execution or imposition of the sentence is suspended and the person has been previously convicted of a violation of this subdivision and sentenced under paragraph (1), the person shall be imprisoned for not less than 48 hours in addition to the conditions in paragraph (1). However, the court, upon a showing of good cause, may elect not to impose the mandatory minimum imprisonment as required by this subdivision and may, under these circumstances, grant probation or order the suspension of the execution or imposition of the sentence.
(4) The Legislature finds and declares that these specified crimes merit special consideration when imposing a sentence so as to display society's condemnation for these crimes of violence upon victims with whom a close relationship has been formed. Cal Pen Code § 243
In comparing the two Domestic Violence laws, the California law is clearly more severe. First, the California law allows for confinement in jail for up to 1 year. The Nevada law allows for a 6 month maximum. The California law allows for double the maximum fine ($2,000.00) of Nevada ($1,000.00). The California law states that the batterer must attend counseling sessions for at least 1 year. The Nevada law states 6 months to 1 year. The California statute allows for payments to a women's shelter of up to $5,000.00, and reimbursements for costs of counseling to a victim. The Nevada statute does not have these provisions. The Nevada laws against Domestic Violence can seem harsh, especially in certain situations, but the California laws are even more severe.
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.

Why Can't I Just Drop the Case?

2011-08-10T15:47:00.000-07:00

In many instances of Domestic Violence cases, alleged victims wonder why they cannot just "drop" the charges against a defendant. The alleged victim is the one who is "pressing" the charge, so why can't they let it go after everything calms down. Many times, alleged victims and defendants are under the impression that if they were in a different jurisdiction, namely another state, they would be able to control whether the prosecution goes forward in the case or not.
In a criminal prosecution in Nevada, the governmental entity (normally city or state) is the Plaintiff, not the alleged victim. The alleged victim in a criminal case in Nevada is only a potential witness in the case, and not necessarily an essential witness in the case. This means the prosecutor will move forward if he believes that he can prove the case beyond a reasonable doubt with or without the alleged victim. If the alleged victim was the Plaintiff in civil litigation or an applicant for a protective order, they could control whether the case moves forward or not, but not in a criminal case here.
The public policy behind not allowing alleged victims to ultimately control whether or not to proceed in a criminal case is really about pressure extended towards alleged victims to drop charges from defendants or other third parties. This could be through a number of means both psychological and physical. It could be anything from actual physical violence, threats of violence, shame, or potential financial consequences of the conviction for a family. This is the rationale behind why alleged victims are not allowed to "drop" charges and end a case. Normally, alleged victims do have some input as to what actions a prosecutor will take in resolving a case, so there is some control in that respect.
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.

Definition of Domestic Violence in Nevada

2011-07-14T12:39:00.000-07:00

Nevada law defines Domestic Violence in the following way:
"1. Domestic violence occurs when a person commits one of the following acts against or upon the person's spouse or former spouse, any other person to whom the person is related by blood or marriage, any other person with whom the person is or was actually residing, any other person with whom the person has had or is having a dating relationship, any other person with whom the person has a child in common, the minor child of any of those persons, the person's minor child or any other person who has been appointed the custodian or legal guardian for the person's minor child:
(a) A battery.
(b) An assault.
(c) Compelling the other person by force or threat of force to perform an act from which the other person has the right to refrain or to refrain from an act which the other person has the right to perform
(d) A sexual assault.
(e) A knowing, purposeful or reckless course of conduct intended to harass the other person. Such conduct may include, but is not limited to:
(1) Stalking.
(2) Arson.
(3) Trespassing.
(4) Larceny.
(5) Destruction of private property.
(6) Carrying a concealed weapon without a permit.
(7) Injuring or killing an animal.
(f) A false imprisonment.
(g) Unlawful entry of the other person's residence, or forcible entry against the other person's will if there is a reasonably foreseeable risk of harm to the other person from the entry.
2. As used in this section, "dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context." NRS § 33.018
This definition encompasses a large continuum of activity, and if a Complainant testifies that any of these acts was committed on him, a protective order may be issued. As stated in this blog previously, the issuance of a protective order against you could cause you significant harm, especially regarding your employment if a background check is conducted. It could also have an effect on family law matters. This is why it is important to defend yourself against these claims, even if you are not concerned about the protective order itself and its restrictions. Sometimes a resolution can be attained that avoids the issuance of a protective order.
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.

Sealing Records for a Battery Domestic Violence Conviction

2011-07-11T11:06:00.000-07:00

Another law that makes convictions for domestic violence worse than other misdemeanor convictions is the statute that allows for the sealing of records. For most misdemeanors, two years after the case is completed, your records can be sealed, and it is as if the event never occurred. The record sealing, or expungement, statutes give people who have a limited criminal history a second chance at keeping their records clean. For misdemeanor Battery Domestic Violence, defendants must wait seven years after the completion of the case.
NRS 179.245 states: "1. Except as otherwise provided in subsection 5 and NRS 176A.265, 176A.295, 179.259, 453.3365, and 458.330, a person may petition the court in which the person was convicted for the sealing of all records relating to a conviction of:
(a) A category A or B felony after 15 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
(b) A category C or D felony after 12 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
(c) A category E felony after 7 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
(d) Any gross misdemeanor after 7 years from the date of release from actual custody or discharge from probation, whichever occurs later;
(e) A violation of NRS 484C.110 or 484C.120 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony, after 7 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later; or
(f) Any other misdemeanor after 2 years from the date of his release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later." (underline added).
This means that our lawmakers have decided that a conviction for misdemeanor domestic violence is akin to a low level felony conviction when it comes to being able to clean up your criminal history. This is just another reason to hire competent legal representation to defend a domestic violence 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.

Domestic Violence and Child Custody

2011-06-22T14:46:00.000-07:00

As stated previously in this blog, convictions for domestic violence can have far reaching consequences. Many people are unaware of many of these consequences and find out about them after they have taken irreversable steps in a Domestic Violence case. One of these consequences deals with child custody disputes.
NRS § 125C.230 states,
1. ...a determination by the court after an evidentiary hearing and finding by clear and convincing evidence that either parent or any other person seeking custody of a child has engaged in one or more acts of domestic violence against the child, a parent of the child or any other person residing with the child creates a rebuttable presumption that sole or joint custody of the child by the perpetrator of the domestic violence is not in the best interest of the child. Upon making such a determination, the court shall set forth:
   (a) Findings of fact that support the determination that one or more acts of domestic violence occurred; and
   (b) Findings that the custody or visitation arrangement ordered by the court adequately protects the child and the parent or other victim of domestic violence who resided with the child.
2. If after an evidentiary hearing held pursuant to subsection 1 the court determines that more than one party has engaged in acts of domestic violence, it shall, if possible, determine which person was the primary physical aggressor. In determining which party was the primary physical aggressor for the purposes of this section, the court shall consider:
   (a) All prior acts of domestic violence involving any of the parties;
   (b) The relative severity of the injuries, if any, inflicted upon the persons involved in those prior acts of domestic violence;
   (c) The likelihood of future injury;
   (d) Whether, during the prior acts, one of the parties acted in self-defense; and
   (e) Any other factors that the court deems relevant to the determination.
   In such a case, if it is not possible for the court to determine which party is the primary physical aggressor, the presumption created pursuant to subsection 1 applies to each of the parties. If it is possible for the court to determine which party is the primary physical aggressor, the presumption created pursuant to subsection 1 applies only to the party determined by the court to be the primary physical aggressor.
...
The specifics of everyone's situation are always different, and a strategy in one case may not be effective in another, but people need to be aware of these consequences. These consequences can also be used by sophisticated people in sinister ways, so attorneys need to take these domestic laws into account when strategizing about cases.
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.

Mental Illness in Domestic Relationships

2011-05-13T14:57:00.000-07:00

Mental illness is a pervasive issue in society and will probably always be part of the human condition. There are a wide range of problems to deal with from depression to schizophrenia. Our society is developing new ways of treating mental illness at a rapid pace, but many times mental illness goes undiagnosed, untreated or mistreated for long periods of time. Normally, it is these untreated or mistreated issues that give rise to mental illnesses playing a role in domestic violence cases.
This topic is very complex, and it cannot be covered sufficiently in this small blog entry, but you should know that it can play a role in the defense of a criminal case, and the facts of a Defendant's specific case can be addressed in great detail with their individual attorney.
Mental illness can become part of a criminal case in a number of different ways. In some circumstances, mental illness can be a factor in an insanity or competency defense. These are usually not much of a factor in any criminal cases, nevertheless misdemeanor domestic violence cases.
In other cases, problems with mental illness can be used in more subtle ways.
In cases where alleged victims of Battery Domestic Violence have a mental illness, a few issues that should be evaluated are: capacity to perceive events, inability to control one's actions, or self-defense defenses. These can be raised in Battery Domestic Violence trials or negotiations with prosecutors.
For Defendants with mental health issues, interaction with the criminal justice system may allow them another chance to address problems with proper diagnoses and treatment. Mental health problems can sometimes be discussed with a prosecutor or judge in mitigation of aggravating events in a case, and potential treatments for these conditions can be integrated into sentences.
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.

Prosecutor's Don't Care, They Just Want Convictions

2011-04-27T13:20:00.000-07:00

Maybe some don't care, but the vast majority of them do. In a situation where a Defendant has been charged with Domestic Violence and an alleged victim doesn't want the Defendant to be prosecuted, sometimes the best strategy in a case is for the alleged victim to tell the prosecutor face to face. The only thing that prosecutors normally see before a trial setting in a misdemeanor case is statements on paper. When a prosecutor reads a statement made by police officer, it is going to be presented in a fashion that makes the officer's decision look good. It is just human nature. Prosecutors deal with a wide range of cases, some are very serious, others are not serious at all, but sometimes the line between these cases gets blurred. When a prosecutor sits down with an alleged victim and the alleged victim tells them face to face about the incident, it can help the Defendant's case in some situations. Defendant's need an attorney with experience in Domestic Violence cases to evaluate the total situation, and the best strategy may include the alleged victim telling the prosecutor about what happened.
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.

Subpoenas and Battery Domestic Violence cases

2011-04-13T14:00:00.000-07:00

Many witnesses, including alleged victims, have questions regarding subpoenas in a criminal case, especially domestic violence cases. Often, the alleged victim in a battery domestic violence case does not want to testify against the defendant in a case for a multitude of different reasons.
Compelling people to appear in court to tell their version of events is essential to the criminal justice system. In order for a prosecutor to obtain a criminal conviction, he must prove a case beyond a reasonable doubt at trial. In order to do this, the state must introduce evidence that leads a trier of fact (judge or jury) to believe the defendant committed the crime in question.  In most cases, this evidence mostly comes from the testimony of witnesses. This is especially true in battery domestic violence cases.
In order for a witness to have an obligation to appear in court to testify in a criminal case, they must be properly served with a subpoena.  The law regarding service of the subpoena in a criminal case is as follows:
NRS 174.345 states:
"Service of subpoena.  1. Except as otherwise provided in NRS 174.315 and subsection 2, a subpoena may be served by a peace officer or by any other person who is not a party and who is not less than 18 years of age. Except as otherwise provided in NRS 289.027, service of a subpoena must be made by delivering a copy thereof to the person named.
2. Except as otherwise provided in NRS 174.315, a subpoena to attend a misdemeanor trial may be served by mailing the subpoena to the person to be served by registered or certified mail, return receipt requested from that person, in a sealed postpaid envelope, addressed to the person's last known address, not less than 10 days before the trial which the subpoena commands the person to attend.
3. If a subpoena is served by mail, a certificate of the mailing must be filed with the court within 2 days after the subpoena is mailed."
Below are the repercussions if a witness fails to attend the court date in question.
NRS 174.385 states that, "Failure by any person without adequate excuse to obey a subpoena of a court or a prosecuting attorney served upon the person or, in the case of a subpoena issued by a prosecuting attorney, delivered to the person and accepted, shall be deemed a contempt of the court from which the subpoena issued or, in the case of a subpoena issued by a prosecuting attorney, of the court in which the investigation is pending or the indictment, information or complaint is to be tried."
There are also other provisions of the law which enable a prosecutor to obtain a warrant for a witness's arrest if it can be shown that the subpoena was properly served and the witness failed to attend the hearing.
If you are a witness in a criminal case and you have questions about the process, please contact the law office of Pezzillo Robinson through georgeforjustice.com.

Battery Domestic Violence Cases and Armed Forces Enlistment

2011-03-10T12:21:00.000-08:00

There are clearly serious ramifications for Battery Domestic Violence convictions in the civilian world which this blog has discussed on numerous occasions, but there are also serious ramifications for much less than a conviction if you want to enlist in the military. In the case of the Air Force, a moral eligibility determination (MED) will be made "on each applicant whose moral suitability is in question." It is clear that the Air Force wants to see everything. If you have ever been charged with a crime, they want to know about it regardless of the disposition. The Air Force does this, "To protect the Air Force’s interests, MEDs are made on available information about a person’s conduct rather than on the outcome of a legal proceeding." The Air Force is also interested in all "adverse adjudications." These are defined as, "A finding, decision, sentence, or judgment that was other than unconditionally dropped, dismissed, or acquitted. If the adjudicating authority places a condition or restraint that leads to dismissal or is dismissed after a certain period of time, drops the charges, acquits, or the records are later expunged, the adjudication is still adverse. Suspension of sentence, pardon, not processed, or dismissal after compliance with imposed conditions is also adverse adjudication. If a person is charged and convicted of violating any federal (including UCMJ offenses), state, or municipal law or ordinance, that conviction is considered an adverse adjudication." Waivers are available for most criminal conduct if applicants are "highly qualified and motivated." Mitigating circumstances are also considered as part of the decision to grant a waiver.
Anyone who wants to join the military and has a criminal history should consult a lawyer who has knowledge of these regulations. The regulations are voluminous, dense, and detailed, and they are not always consistent. Although disclosure may be warranted in a case, consulting an attorney may help an applicant to formulate and converse about mitigating factors in a more meaningful and concise way. This may help an applicant in the waiver process.
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.

New Clark County Domestic Violence Court

2011-03-01T18:04:00.000-08:00

In the Las Vegas Township, Battery Domestic Violence cases will now be heard by one judge. An administrative order was signed on January 11, 2011 by Chief Las Vegas Township Justice Court Judge Karen Bennett-Haron which created specialty courts in the Las Vegas Township Justice Court for Domestic Violence and DUI cases. Pursuant to this order, Judge Melisa Saragosa will hear a segregated caseload of Domestic Violence cases. This change will affect the defense Battery Domestic Violence cases in the Las Vegas valley. There are certain strategies in cases that will not work as well because Battery Domestic Violence cases are now centralized in one court. It becomes more important than ever to retain a counselor who is familiar with the new procedures in this court, the judge herself, and the prosecutors.
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.

Factors Used in Determining the Dominant Aggressor

2011-01-26T17:42:00.000-08:00

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.

A Domestic Violence Conviction Makes You Deportable

2011-01-06T11:33:00.000-08:00

If you lawfully enter the United States on a visa, or you are a lawful permanent resident, you will become automatically deportable if you are convicted of domestic violence or of violating a protective order. The federal law states:
"(E) Crimes of domestic violence, stalking, or violation of protection order, crimes against children [and].
(i) Domestic violence, stalking, and child abuse. Any alien who at any time after admission is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable. For purposes of this clause, the term "crime of domestic violence" means any crime of violence (as defined in section 16 of title 18, United States Code) against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual's acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local government.
(ii) Violators of protection orders. Any alien who at any time after admission is enjoined under a protection order issued by a court and whom the court determines has engaged in conduct that violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury to the person or persons for whom the protection order was issued is deportable. For purposes of this clause, the term "protection order" means any injunction issued for the purpose of preventing violent or threatening acts of domestic violence, including temporary or final orders issued by civil or criminal courts (other than support or child custody orders or provisions) whether obtained by filing an independent action or as a pendente lite order in another proceeding." 8 USCS § 1227.
If you are in the United States on a visa or here as a permanent resident, a conviction for domestic violence becomes even more devastating for you and your family. Not only will you have to complete extensive counseling, pay fines, do community service, and lose your right to bear arms, you will also lose your ability to lawfully stay in the country. Therefore, if you are here on a visa or you are an LPR/green card holder, it becomes even more important to obtain strong, competent counsel for the defense of 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.

Conviction for Misdemeanor Battery Domestic Violence = NO GUNS

2010-12-10T12:48:00.000-08:00

Pursuant to federal law, if you are convicted of a misdemeanor crime of domestic violence, it is unlawful to possess a firearm. For some people, this is the worst of many consequences (i.e. enhancability, long term counseling, jail time, cost) of a conviction for domestic violence, especially if you are or would like to become a member of law enforcement or the armed forces. The law states:

(g) It shall be unlawful for any person--
   (1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
   (2) who is a fugitive from justice;
   (3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
   (4) who has been adjudicated as a mental defective or who has been committed to a mental institution;
   (5) who, being an alien--
      (A) is illegally or unlawfully in the United States; or
      (B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));
   (6) who has been discharged from the Armed Forces under dishonorable conditions;
   (7) who, having been a citizen of the United States, has renounced his citizenship;
   (8) who is subject to a court order that--
      (A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
      (B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
      (C) (i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
         (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
   (9) who has been convicted in any court of a misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
18 USCS § 922

If you are charged with misdemeanor crime involving domestic violence and you want to preserve your ability to legally possess firearms, you must not be convicted of a crime of domestic violence, misdemeanor or felony. Whether aviodance of the conviction comes from a negotiation to a lesser offense or a not guilty verdict at trial, your best chance to keep your right to legally possess firearms is to retain a counselor who will dedicate enough time and energy to present the best defenses in 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.

Attorney's Fees May Be Awarded If False Affidavit Filed

2010-11-23T16:39:00.000-08:00

There is a specific provision included in the local rules of the Clark County courts that allows for attorney's fees to be issued to an Adverse Party for defending itself against an improperly filed Protective Order. "(n) The applicant may be ordered to pay all costs and fees incurred by the adverse party if by clear and convincing evidence it is proven that the applicant knowingly filed a false or intentionally misleading affidavit."
Nev. EDCR 5.22. Along with having to show there was fraud, the standard of proof evincing the fraud is very high, "clear and convincing evidence." This is contrary to the standard of proof for obtaining a Protective Order which is very low "to the satisfaction of the court." In rare cases, it may be possible to be awarded attorney's fees. One scenario could be if an Applicant included facts in an application that he was in Las Vegas when an Adverse Party provided phone records or plane tickets evidencing that they were in Oregon. There are also other rules and case law that could be employed to request an award of attorney's fees to an Adverse Party. It is very difficult to obtain an award of attorney's fees in any civil case, but, in certain cases, it may be possible for an Adverse Party to be awarded attorney's fees. Please remember, attorney's fees can be awarded to the Applicant as well, and it is easier for the court to do so.
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.georgeforjustice.com

How do you spell TPO? G-U-N

2010-11-10T17:26:00.000-08:00

If the word "gun" appears in an Applicant's statement of facts, a protective order will be issued. Even without the word gun, protective orders are easy to get. The burden of proof needed for a judge or hearing master to issue a TPO is very low. Pursuant to NRS§ 33.020, "If it appears to the satisfaction of the court from specific facts shown by a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence..." the court may issue protective order. For many reasons (political, abundance of caution, public policy, etc.), if there is an allegation of a gun involved in any event of domestic violence, a protective order will be issued against the Adverse Party. From a prosecutorial perspective, taking action against a person who owns a gun is preventing a murder.
What does this mean? From a defense perspective, it can give a pretext for lying. Allegations become exponentially more powerful, so there could be a larger rationale to lie or exaggerate facts in an application when they pertain to guns. It also means that your 2nd Amendment rights will be taken from you for extended period of time.
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.

He Said ... She Said

2010-11-08T14:32:00.000-08:00

He said, she said is a common way for laypeople to describe the majority of battery domestic violence cases. Many defendants have the impression that they cannot be convicted in a case that is "he said, she said." This is false. Many criminal cases are based mostly or entirely on testimonial evidence, not readily apparent injuries or other corroborating evidence. If the finder of fact (judge or jury) in a criminal case believes that the testimony is credible, then a defendant can be found guilty of a crime based on testimony alone.
Looking at jury instructions is a simple, straightforward way to review some legal concepts. Instructions on testimonial evidence and the credibility of witnesses differ slightly from juridiction to jurisdiction, but they are all similar to this one. "In deciding what the facts are, you may have to decide what testimony you believe and what testimony you do not believe. You may believe all of what a witness said, or only part of it, or none of it. In deciding what testimony of any witness to believe, consider the witness's intelligence, the opportunity the witness had to have seen or heard the things testified about, the witness's memory, any motives that witness may have for testifying a certain way, the manner of the witness while testifying, whether that witness said something different at an earlier time, the general reasonableness of the testimony, and the extent to which the testimony is consistent with other evidence you believe." Eighth Circuit CA Preliminary Jury Instruction 1.05.
This jury instruction takes into account corroborating evidence, but it is not necessarily a determining factor. It is true that a case based on testimonial evidence is normally easier for a defense attorney to refute, but these cases can still be difficult to handle and a significant amount of work needs to be done to investigate and prepare in order to perform an adequate examination of a hostile witness.
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.

The Prosecutor Must Go Forward

2010-10-18T15:34:00.000-07:00

Battery Domestic Violence is different from many other crimes because a prosecutor cannot dismiss or negotiate down to a lesser charge unless he believes the charge cannot be proven at trial. Nevada law states, "If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not dismiss such a charge in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the prosecuting attorney knows, or it is obvious, that the charge is not supported by probable cause or cannot be proved at the time of trial." Nev. Rev. Stat. Ann. § 200.485. This makes a Battery Domestice Violence case more difficult to resolve. A defense attorney cannot argue to a prosecutor purely mitigating evidence, i.e. productive member of society, no previous criminal history, involved in community or charitable activities, etc. This evidence may still be needed as it could contribute to a defendant's credibility, but pursuant to Nevada law, unless the prosecutor believes he cannot prove the case, the defendant must enter a guilty plea to the charge of Battery Domestic Violence or go to trial on the charge. This is the reason that many Battery Domestic Violence cases must either go to trial or resolve just before trial, so a defense attorney usually has to work harder on domestic violence cases than many other cases.

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.

When is the Relationship Over?

2010-10-04T13:43:00.000-07:00

As stated previously in this blog, there are two things which must be proven in a Battery Domestic Violence case: a domestic relationship and a battery. Most issues in these cases come from the element of battery. Did a battery actually occur as alleged? Are there legal or factual defenses to this battery?
Rarely cases deal with the other side, the domestic relationship. Normally, this relationship is obvious because the alleged victim and defendant are currently dating or married. Along with being a blood relative, spouse or former spouse, or having a child in common, the domestic relationship is defined as, "any other person with whom the person is or was actually residing, any other person with whom the person has had or is having a dating relationship" Nev. Rev. Stat. Ann. § 33.018(1). The statute goes on to define dating relationship as, "frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context." Nev. Rev. Stat. Ann. § 33.018(2). What if the alleged victim and defendant dated for 6 months in 1997, but they still associate with the same people, and they get into a minor physical altercation while drinking at a party? What if someone was a roommate two and a half years ago for a month? Should the additional "domestic relationship" penalties apply in these cases, or should they be prosecuted as simple batteries? These can be very difficult questions to answer, and they need to be addressed in a strategic manner to get the most fair result.

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.

Municipal Court v. County Court 1

2010-09-28T12:35:00.000-07:00

In a Battery Domestic Violence case, are there differences in the defense strategy if you are charged in the City of Las Vegas, Henderson, or North Las Vegas versus Clark County? Yes, there are many differences, but one I would like to point out today is the mindset of the a prosecutor in municipal court versus county court with regard to severity of the crime allegedly committed. There is an inherent value assigned to cases by prosecutors and defense attorneys. It is human nature to assign these values. For the most part, prosecutors in Clark County deal with felony, gross misdemeanor, and misdemeanor cases. They see bloody, violent, nasty cases, and they see disputes with little violence and no harm. Prosecutors in Municipal Court see only misdemeanors, which are not as bloody or nasty. In Municipal Court, the worst thing you could be convicted of is Battery Domestic Violence. In County Court, you can get the death penalty for first degree murder. The mindset can be different in the two forums and must be taken into account.

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.

What is an Unlawful Use of Force?

2010-09-22T11:20:00.000-07:00

In many situations where physical force is used by one person against another, the lawfulness of that force is in question. For example, if a wife is intoxicated and attempts to drive a car, can her husband use physical force and prevent her from driving the car while intoxicated? What if roughhousing goes a little further than one person wants? As defined pursuant to Nevada law a Battery is, "any willful and unlawful use of force or violence upon the person of another." The question is what is unlawful force. In Nevada, that term seems to be undefined with respect to Battery. In California, where the definition of Battery is identical, case law indicates that an unlawful use of force is "a harmful or offensive touching." People v. Martinez, 3 Cal App 3rd 886 (1970). These terms encompass a wide range of physical contact and subjectively differ from person to person. The above scenarios can be very tricky from a prosecutorial and defense perspective, but, if these situations are not defended effectively, it could equal a criminal conviction, jail time, or other punishment.

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.

Battery Domestic Violence charges and TPOs: the effect on CCW permits

2010-09-16T16:19:00.002-07:00

Do you want to lose your CCW permit without any notice or a hearing? If a Temporary Protective Order is issued against you or you are charged with Battery Domestic Violence, your CCW permit will be taken. Protective orders are issued in many cases where there is an allegation of Domestic Violence. When police are called to a domestic disturbance and a primary aggressor is identified and arrested, the police will encourage an alleged victim of domestic violence to obtain a temporary protective order (TPO) against the person who was arrested. Either way, if you have a CCW, it is going to be suspended or revoked.
Protective orders are easy to obtain as the burden for an applicant (alleged victim) to show a judge is very low. Even without a Battery Domestic Violence charge, anyone can go to the courthouse and fill out an application, and a TPO will normally be issued by the court without notice and without a hearing. There can be serious ramifications to the issuance of these orders. One is the revocation of the permitee's CCW.
Also, when a CCW permitee is charged (not convicted) with Battery Domestic Violence, the permitee's CCW will be suspended. If the charge is eventually dropped or the defendant is acquitted, the permit shall be restored. This is just one more reason that Battery Domestic Violence is such a serious charge.

If you have been charged with Battery Domestic Violence or any other related crime or if a TPO has been issued against you, please visit georgeforjustice.com.

Felony Battery Domestic Violence with Strangulation Crime

2010-09-16T16:19:00.001-07:00

In the state of Nevada, there is a new law regarding incidents of Battery Domestic Violence which involve an allegation of strangulation. This law took effect in 2009. The law defines strangulation as: "intentionally impeding the normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person in a manner that creates a risk of death or substantial bodily harm." NRS 200.481(1)(h). This definition is specific as to the act(s) which needs to be carried out before a conviction can be had. There are many scenarios of physical altercations which could take place where the neck or throat is contacted, but the crime of strangulation does not take place. georgeforjustice.com has seen a number of cases where my client had been charged with the Strangulation crime, but I did not believe the State could prove the charge because the contact with the neck or throat did not arise to the level of Strangulation pursuant to the statute's definition. From my experience, if the word “choke” appears anywhere in a statement, it is highly likely that the felony crime of Battery Domestic Violence with Strangulation will be charged. Many of these cases have very legitimate factual and legal defenses, which makes it even more beneficial to retain competent counsel.

If you have been charged with Battery Domestic Violence or related crime, or if a TPO has been issued against you, please visit georgeforjustice.com.

Must Wait 7 Years to Seal Records after Battery Domestic Violence Conviction

2010-09-16T16:19:00.000-07:00

Most Battery Domestic Violence cases in the state of Nevada are misdemeanors, i.e. no deadly weapon involved, no strangulation, not a third offense, etc. Nevada law states that most misdemeanors crimes can be sealed two years after the case has been completed, but Battery Domestic Violence is different. A Battery Domestic Violence case cannot be sealed for 7 years after completion. This means 7 years after everything has been finished in the case, including the mandatory 26 to 52 weeks of counseling and your informal probation. This is yet another penalty for a Battery Domestic Violence conviction that many defendants never know about. The additional time defendants must wait to seal their records makes it even more important to have a strong defense before it is too late.

If you have been charged with Battery Domestic Violence or related crime, or if a TPO has been issued against you, please visit georgeforjustice.com.

Longer periods of informal probation allowed in Battery Domestic Violence cases

2010-09-16T16:18:00.001-07:00

In misdemeanor cases, if a defendant enters a guilty plea or is convicted of the crime, the judge has the ability to order the defendant to perform community service, pay fines, attend counseling sessions, or pay restitution to victims. In order to assure that the defendant complies with these requirements, a judge can order suspended jail time as well. This means that if the counseling or fines are not completed or paid within a certain time period, the judge can impose the suspended time and send a defendant to jail. In most misdemeanor cases, the time period in which the judge can order the suspended jail time is 2 years, but in Battery Domestic Violence cases it is 3 years. NRS 4.373. This is another reason that Battery Domestic Violence cases are more serious than the average misdemeanor case.

If you have been charged with Battery Domestic Violence or related crime, or if a TPO has been issued against you, please visit georgeforjustice.com.

Charges of Battery Domestic Violence not to be reduced by a prosecutor

2010-09-16T16:18:00.000-07:00

Part of a defense attorney's job is to present mitigating factors regarding the individual or incident in question to a prosecuting attorney. Mitigating factors could be things like no previous criminal history, ties to the community like community service work, or facts leading up to a situation. With regard to Battery Domestic Violence cases, Nevada lawmakers have added the following language to the statute, "If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not dismiss such a charge in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the prosecuting attorney knows, or it is obvious, that the charge is not supported by probable cause or cannot be proved at the time of trial." This means that prosecuting attorneys are not supposed to negotiate cases of Battery Domestic Violence to lesser crimes based on mitigation, like they can with other misdemeanors. A legal or factual issue with the prosecutor's case must be established in order for a prosecutor to reduce the charge.

If you have been charged with Battery Domestic Violence or related crime, or if a TPO has been issued against you, please visit georgeforjustice.com.

Domestic Relationship includes some In-Laws

2010-09-16T16:17:00.000-07:00

In order to have a conviction for the crime of Battery Domestic Violence, there are two things which must be proven by a prosecutor to a court beyond a reasonable doubt. First is that a Battery took place. Second is that there was a domestic relationship between the victim and the defendant. One of the ways in which a domestic relationship exists pursuant to Nevada law is if the individuals are "related by blood or marriage." The Nevada Supreme Court has defined "related by blood or marriage" to include some In-Laws. The Court states, "We conclude that, by its plain meaning, the term "related by blood or marriage" includes the relationship between a sister-in-law and a brother-in-law. First, a person of ordinary intelligence would interpret the phrase "related by blood or marriage" to include a person's direct in-laws. This is underscored by the inclusion of "spouses" as well as relatives "by marriage" as victims under the statute. Second, utilization of the term "related by blood or marriage" plainly rejects a construct limiting culpability for domestic battery to relationships between the perpetrator and victim based upon consanguinity. Therefore, we conclude that NRS 33.018 plainly includes mothers-in-law, fathers-in-law, sisters-in-law, and brothers-in-law." City of Las Vegas v. Eighth Judicial Dist. Court of Nev., 188 P.3d 55, 58-59 (Nev. 2008). This case seems to indicate that some in-laws would fit the definition of domestic relationship, but for other in-laws it remains debatable.

If you have been charged with Battery Domestic Violence or related crime, or if a TPO has been issued against you, please visit georgeforjustice.com.