Wednesday, January 26, 2011

Factors Used in Determining the Dominant Aggressor

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.

Thursday, January 6, 2011

A Domestic Violence Conviction Makes You Deportable

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.