When is the Relationship Over?

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.