Thursday, September 16, 2010

Domestic Relationship includes some In-Laws

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.

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