New Year's Celebrations in Las Vegas and Domestic Violence

Many people from around the United States and the world come to Las Vegas to celebrate the New Year.  There are many parties held at the hotels on the Las Vegas Strip and Downtown.  With all of the parties, there is a lot of alcohol and drug use, and this can lead to people getting themselves into bad situations.  During the New Year in Las Vegas, a very common situation is a drunken argument in a hotel room.  These arguments may or may not involve physicality.  Of course, arguments happen between couples in normal relationships, but during the New Year in Las Vegas is a bad place to have an argument.  If an argument starts in a hotel room, it will probably end in an arrest.  Typically, when an argument starts in a hotel room, security will be called by one of the guests in a nearby room.  Clearly, these nearby guests do not want to hear an argument on their vacation.  When security guards arrive at the room, they may be forceful, thuggish, and coercive.  They will make sure the problem is resolved by separating the occupants of the room.  Normally this means escorting one or more of the occupants of the room to the security office and calling the Las Vegas Metropolitan Police Department to make an arrest.  The hotel guest will sit in the security office for a while, and, when the police arrive, the security guard will give a statement stating what a disgruntled guest said about the argument and what the guard was told by the occupants when he arrived at the room.  These reports may introduce facts into the situation, like physicality, even where there was none perceived by the occupants of the room.
A drunken argument in a hotel room can turn into a nightmare for all of the occupants.  One goes to jail, and the other has to find a way to get him out.  That is just the beginning.  After that, a court proceeding commences, and you need an attorney.
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.

Domestic Holiday Dangers

The holidays are supposed to be a joyous time of year, but we all should be aware that there are dangers inherent with the holiday time.  The holidays are a time for parties with family and friends in which many people enjoy drinking copious amounts of alcohol.  It is normally fun and rewarding to see family and friends that you don't get to see all the time.  This can be an opportune setting for an incident of domestic violence, family and booze.  Especially because some family members inherently just don't get along.  All of these relationships can be considered domestic.  If you get mad at your cousin, or your brother-in-law, because he's a drunkard and being obnoxious and you push him or push him, that is Domestic Battery in Nevada.  Any blood relationships can establish the domestic component.  In-laws are also included in the definition of domestic relationships as well as roommates, so, if you get physical with anyone included in this definition, you run the risk of being charged with Domestic Battery.  This looks exactly the same as getting physical with your wife on a background check, and the penalties are the same.
Everyone should have a Happy Holiday season, but family and friends need to remember there are very serious ramifications to physicality in these situations.  Stay in control, stay level-headed.  Even if your cousin is being a jerk, it's not worth it.
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 gerobinsonlaw.com to call 702-233-4225 for help.

Take Pictures of Injuries

Many times in cases of physicality between persons with a Domestic Relationship, both parties suffer injuries.  This is sometimes called mutual physicality.  Some of these injuries can be seen with the naked eye like cuts, bruises, and scratches.  If police are summoned to investigate an instance of Domestic Battery, many times all of the visual injuries are not documented.  This can be for many reasons.  Sometimes it is because of the police officers and the way they decide to investigate the situation.  Sometimes it is because one of the parties withholds evidence from the police to protect themselves or the other party.  Sometimes visual injuries appear after the investigation is complete.  Nonetheless, some injuries are documented by officers, and some are not.  It is very important that all of the injuries be documented by photograph.  Even if officers have taken photographs, it is better to be redundant and take more photos.
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.

Can You Consent to Be Battered?

No.  A battery is a willful and unlawful use of force or violence upon the person of another.  Consent to force or violence would make the conduct lawful.  Consent can definitely be an issue in the prosecution and defense of many criminal cases.  There are some crimes where consent is a key factor, as in common law rape or theft.  There are other crimes where consent is a non-factor, like statutory rape, as in some instances, a person's consent is not legally recognized .   When prosecuted for battery, consent can be used as a defense within certain parameters.  Clearly, the context of the touching has relevance to the situation.  If two people are playing basketball, there is an implied consent that touching can occur, at least within the confines of the rules of the game.  A very good example of very dangerous and violent touching is mixed martial arts.  In this context, the touching that occurs would be a serious criminal offense if not consented to within the rules and regulations of the sport.
Can couples in a domestic relationship consent to violent touching?  Wrestling?  Violent sex?  Punching one another?  Can a wife grab her husband's arm if he is drunk and wants to drive a car?  The answer is never clear.  Many issues need to be addressed:  reasonableness in the context, whether the consent is ever withdrawn, history of the relationship, etc.  There may also be other defenses in these scenarios.  Many of the situations that arise in life are very complex, and that is one reason to retain competent counsel.  Competent counsel will listen to the entire situation and take the time to investigate, think, and explain the situation to the other side, or the trier of fact.
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. 

No Harm Needed in a Nevada Battery Domestic Violence

When most people think of a Battery Domestic Violence case, they think of the archetype "wife beater" situation.  This situation is one where a husband cannot control his temper and viciously beats his wife repeatedly over the course of a number of months or years.  This clearly happens in our society, and this type of activity must have serious ramifications in a progressive world.  The anecdote states that the victim of this physicality was harmed by the actions of her spouse, but the definition of Battery has no requirement of harm.  The statute for Battery in Nevada is "any willful and unlawful use of force or violence upon the person of another."  NRS 200.481.  If the Battery is committed upon a person with whom the batterer had or currently has a Domestic Relationship, then a Defendant can be convicted of Battery Domestic Violence.  If the definition is broken down into parts, a prosecutor needs the following to obtain a conviction: 1) willfulness, which on a basic level means not accidental  2) unlawful, meaning without legal defense, like self defense, defense of others, necessity, etc. 3) use of force, this is without limitation in the statute, so the amount of force is not taken into account  (violence is not necessary)  4) upon the person of another.  This means that even the most minimal contacts with an individual could lead to a conviction for Battery Domestic Violence.  Clearly, prosecutors should use, and usually do use, discretion with some of the more minimal physical contacts, but that does not mean a person could not be convicted of the charge.  Many times prosecutors look at situations in which there is minimal contact where there is no physical "harm", and they believe the physicality in that relationship could escalate in the future, so they are preventing future harm by prosecuting a case with minimal force.  People in Domestic Relationships need to be aware of this when getting into verbal altercations because if the police are called (i.e. by a neighbor), even the allegation of the most minimal contacts could result in an arrest and prosecution.
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.

Domestic Violence Convictions and Professional Licenses

In order to enter into certain professions, a person must first obtain a license.  There are normally a few steps that a person must undertake to obtain that license.  Frequently, one of the requirements for a professional license is an exam which tests the subject matter relevant to that profession as a lawyer, doctor, or nurse.  Another requirement of many professional licenses is character fitness.  In order to obtain a license, the applicant must be of good moral character.  One of the easiest and quickest ways for a licensing body to ascertain whether an applicant has good moral character is through a background check of criminal history.  A conviction for certain crimes may make an individual unable to obtain a license in a certain field.  The most serious crimes like murder, rape and arson are ubiquitous disqualifications, but a conviction for Battery Domestic Violence is also likely to make it difficult to obtain a license.  Battery Domestic Violence will most likely be considered a crime regarding moral turpitude.  In Nevada, there are provisions for excluding applicants from obtaining licenses who have convictions relating to crimes involving moral turpitude for architects, contractors, nurses, accountants, physicians, nurses, lawyers, dentists, and a number of others.  This makes it imperative to retain competent counsel to defend against charges of Battery Domestic Violence if you have any desire to obtain a professional license in the future or keep a current license.  In many cases, it is possible to keep your record clean, so there is little to no effect on a professional license.  Also, even if you have a criminal conviction, it may be possible to present mitigating evidence to a licensing board regarding the conviction, so you are still eligible to receive the license.

If you have been charged with Battery, Battery Domestic Violence, or any crime related to a Domestic incident; if a TPO has been issued against you; or your professional license is at risk for an allegation or conviction, please visit georgeforjustice.com.

Violating TPOs and Contempt Orders

If a Court issues a protective order pursuant to NRS 33.020, which states:
"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 grant a temporary or extended order." 


The Court has the power to hold the adverse party in contempt pursuant to NRS 22.010 if the Court feels that the order has been violated pursuant to section 3 below.  


Acts or omissions constituting contempts.
  The following acts or omissions shall be deemed contempts:
   1. Disorderly, contemptuous or insolent behavior toward the judge while the judge is holding court, or engaged in judicial duties at chambers, or toward masters or arbitrators while sitting on a reference or arbitration, or other judicial proceeding.
   2. A breach of the peace, boisterous conduct or violent disturbance in the presence of the court, or in its immediate vicinity, tending to interrupt the due course of the trial or other judicial proceeding.
   3. Disobedience or resistance to any lawful writ, order, rule or process issued by the court or judge at chambers.
   4. Disobedience of a subpoena duly served, or refusing to be sworn or answer as a witness.
   5. Rescuing any person or property in the custody of an officer by virtue of an order or process of such court or judge at chambers.
   6. Disobedience of the order or direction of the court made pending the trial of an action, in speaking to or in the presence of a juror concerning an action in which the juror has been impaneled to determine, or in any manner approaching or interfering with such juror with the intent to influence the verdict.
   7. Abusing the process or proceedings of the court or falsely pretending to act under the authority of an order or process of the court.



The potential civil penalties for the disobedience of the Court's order (TPO) are below.  


NRS 22.100.  Penalty for contempt.
1. Upon the answer and evidence taken, the court or judge or jury, as the case may be, shall determine whether the person proceeded against is guilty of the contempt charged.
2. Except as otherwise provided in NRS 22.110, if a person is found guilty of contempt, a fine may be imposed on the person not exceeding $500 or the person may be imprisoned not exceeding 25 days, or both.
3. In addition to the penalties provided in subsection 2, if a person is found guilty of contempt pursuant to subsection 3 of NRS 22.010, the court may require the person to pay to the party seeking to enforce the writ, order, rule or process the reasonable expenses, including, without limitation, attorney's fees, incurred by the party as a result of the contempt.


This is only one of the potential punishments for the violation of a protective order.  This punishment is civil, and can be imposed by the Court immediately after the above steps are taken in section 1.  Other punishments are criminal in nature and would be prosecuted by a governmental entity.
protective orders are very serious, and counsel should be consulted in regards to them. 


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.

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Mutual Battery in a Situation of Domestic Violence

In many cases where a police officer has been called to an alleged incident of Domestic Violence, there has been mutual physicality between the domestic partners.  This clearly makes a police officer's job more difficult in evaluating who should be arrested and who they recommend to the prosecutor should be charged with a crime.  The law states that,

If the peace officer has probable cause to believe that a (Domestic) battery... was a mutual battery, the peace officer shall attempt to determine which person was the primary physical aggressor. If the peace officer determines that one of the persons who allegedly committed a battery was the primary physical aggressor involved in the incident, the peace officer is not required to arrest any other person believed to have committed a battery during the incident. In determining whether a person is a primary physical aggressor for the purposes of this subsection, the peace officer shall consider:

   (a) Prior domestic violence involving either person;   
   (b) The relative severity of the injuries inflicted upon the persons involved;
   (c) The potential for future injury;
   (d) Whether one of the alleged batteries was committed in self-defense; and
   (e) Any other factor that may help the peace officer decide which person was the primary physical aggressor.

NRS 171.137(2)


The topic of the dominant physical aggressor has been discussed in this blog before pursuant to the DA's handbook for officers which is more specific than the above statute.  As stated in the statute, if one of the domestic partners involved in a situation where officers have been called has a domestic violence arrest, charge, or conviction reflected in their criminal history; they will almost certainly be arrested.  It is the easiest and most concrete way for a police officer to follow the law as it is currently written.  In many cases, the wrong person is arrested.  In many cases, it depends on who is the best liar.
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.

Arrests in Nevada Battery Domestic Violence Cases

Unlike most situations where a police officer is called to the scene of a misdemeanor crime, a police officer must arrest a suspect if he believes the crime of Battery Domestic Violence has occurred.  The law that describes this procedure is NRS 171.137 which is titled "Arrest required for suspected battery constituting domestic violence; exceptions.
  1. ...a peace officer shall, unless mitigating circumstances exist, arrest a person when the peace officer has probable cause to believe that the person to be arrested has, within the preceding 24 hours, committed a battery upon his or her spouse, former spouse, any other person to whom he or she is related by blood or marriage, a person with whom he or she is or was actually residing, a person with whom he or she has had or is having a dating relationship, a person with whom he or she has a child in common, the minor child of any of those persons or his or her minor child."
In most situations involving the commission of misdemeanor crimes, a police officer will issue a citation with a return date for a suspect to appear in court, and the officer will not make an arrest.  The mandatory arrest is another factor which elevates the crime of domestic violence above other misdemeanors.  Defendants also need to be aware that there is mandatory jail time associated with a conviction for Domestic Violence, so a defendant may be headed back to jail if convicted, and they have not spent the mandatory 2 days in jail.  This is another reason why defendants should hire an attorney who has experience in defending these types of cases.
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.

Battery Domestic Violence and Counseling for a Child

If convicted of Battery Domestic Violence, a defendant must complete a number of requirements.  The most serious of these requirements for most people is counseling because of its long duration, at least 6 months but up to 12 months.  Defendants must also pay fines, complete community service, and spend 2 days in jail.  There are other lesser known requirements that defendants may face.  One of them is found in NRS § 200.485(7), it states, 
"If it appears from information presented to the court that a child under the age of 18 years may need counseling as a result of the commission of a battery which constitutes domestic violence pursuant to NRS 33.018, the court may refer the child to an agency which provides child welfare services. If the court refers a child to an agency which provides child welfare services, the court shall require the person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 to reimburse the agency for the costs of any services provided, to the extent of the convicted person's ability to pay."  
This section could add large costs to a conviction if a child is involved, even collaterally, in a case.  This is another important fact that defendants need to know about Battery Domestic Violence convictions before a decision is made as to the charge.
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.

Defining Domestic Relationships

NRS 33.018, which is titled "Acts which constitute domestic violence" defines the relationship that the government must prove exists between two individuals in order to obtain a conviction for Domestic Violence.

  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: ...

The acts are then defined, but they are not the topic of this entry.  The topic of this entry is the relationship which needs to be established.  The statute goes on to define a dating relationship as:

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

The use of the terms "actually residing", "had a dating relationship", "frequent", "expectation", and "affectional involvement" are a few of the terms that need to be examined by a skilled attorney in Domestic Violence cases.  Most cases are fairly straightforward when it comes to the Domestic relationship, but often times, it is in doubt.  Especially between longer term guests in a house, relationships which are just beginning, or have ended and time has passed.
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.

Careful What You Ask For - Attempt to Suborn Perjury

In many Battery Domestic Violence cases, after an event occurs between partners leading to a charge, the partners do not end their domestic relationship.  This leads many partners to discuss what happened on the day in question.  These discussions can lead to one partner to tell another that the situation was different than the way they perceived it, and it can come to the point of asking a partner to portray the situation differently if they were to testify at trial.  These are dangerous discussions.  Pursuant to Nevada law, "Every person who, without giving, offering or promising a bribe, shall incite or attempt to procure another to commit perjury, or to offer any false evidence, or to withhold true testimony, though no perjury be committed or false evidence offered or true testimony withheld, shall be guilty of a gross misdemeanor."  NRS 199.150.
No one wants to make a bad situation worse, so partners need to be careful what they discuss after an event of Domestic Violence.  There are always two sides to every story.  No one perceives any one situation the same, especially one that is severely emotionally charged like the events leading to a Domestic Violence charge.
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.

False Imprisonment and Domestic Violence

In some situations where there is an allegation of Battery Domestic Violence, the matter also includes facts which lead to a charge of false imprisonment.  False imprisonment is a more serious crime than misdemeanor Domestic Violence.
Pursuant to NRS 200.460, false imprisonment is defined as follows:
1. False imprisonment is an unlawful violation of the personal liberty of another, and consists in confinement or detention without sufficient legal authority.
2. A person convicted of false imprisonment shall pay all damages sustained by the person so imprisoned, and, except as otherwise provided in this section, is guilty of a gross misdemeanor.
3. Unless a greater penalty is provided pursuant to subsection 4, if the false imprisonment is committed:
   (a) By a prisoner in a penal institution without a deadly weapon; or
   (b) By any other person with the use of a deadly weapon,
the person convicted of such a false imprisonment is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.
4. Unless a greater penalty is provided pursuant to subsection 5, if the false imprisonment is committed by using the person so imprisoned as a shield or to avoid arrest, the person convicted of such a false imprisonment is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 15 years.
5. If the false imprisonment is committed by a prisoner who is in lawful custody or confinement with the use of a deadly weapon, the person convicted of such a false imprisonment is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.

This crime mostly appears in situations of Domestic Violence when one person will not allow another person leave a residence.  Many times both people reside in the home in question.  There are defenses to this crime, and an experienced attorney will take the time to flesh them out fully through potentially lengthy discussions and legal research.
If you have been charged with False Imprisonment, Assault, Assault with a Deadly Weapon, Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.

Difference Between Assault and Battery

Sometimes laypeople talk about assault and battery as if they are interchangeable, but under Nevada law they are distinct. Pursuant to NRS 200.471:
"1. As used in this section:
(a) "Assault" means:
(1) Unlawfully attempting to use physical force against another person; or
(2) Intentionally placing another person in reasonable apprehension of immediate bodily harm.
(b) "Officer" means:
(1) A person who possesses some or all of the powers of a peace officer;
(2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of
the public;
(3) A member of a volunteer fire department;
(4) A jailer, guard, or other correctional officer of a city or county jail;
(5) A justice of the Supreme Court, district judge, justice of the peace, municipal judge, magistrate,
court commissioner, master or referee, including a person acting pro tempore in a capacity listed in this
subparagraph; or
(6) An employee of the State or a political subdivision of the State whose official duties require the
employee to make home visits.
(c) "Provider of health care" means a physician, a perfusionist or a physician assistant licensed pursuant
to chapter 630 of NRS, a practitioner of respiratory care, a homeopathic physician, an advanced
practitioner of homeopathy, a homeopathic assistant, an osteopathic physician, a physician assistant
licensed pursuant to chapter 633 of NRS, a podiatric physician, a podiatry hygienist, a physical therapist,
a medical laboratory technician, an optometrist, a chiropractor, a chiropractor's assistant, a doctor of
Oriental medicine, a nurse, a student nurse, a certified nursing assistant, a nursing assistant trainee, a
medication aide - certified, a dentist, a dental hygienist, a pharmacist, an intern pharmacist, an attendant
on an ambulance or air ambulance, a psychologist, a social worker, a marriage and family therapist, a
marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor
intern, a licensed dietitian and an emergency medical technician.
(d) "School employee" means a licensed or unlicensed person employed by a board of trustees of a
school district pursuant to NRS 391.100.
(e) "Sporting event" has the meaning ascribed to it in NRS 41.630.
(f) "Sports official" has the meaning ascribed to it in NRS 41.630.
(g) "Taxicab" has the meaning ascribed to it in NRS 706.8816.
(h) "Taxicab driver" means a person who operates a taxicab.
(i) "Transit operator" means a person who operates a bus or other vehicle as part of a public mass
transportation system.
2. A person convicted of an assault shall be punished:
(a) If paragraph (c) or (d) does not apply to the circumstances of the crime and the assault is not made
with the use of a deadly weapon or the present ability to use a deadly weapon, for a misdemeanor.
(b) If the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon,
for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year
and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine
and imprisonment.
(c) If paragraph (d) does not apply to the circumstances of the crime and if the assault is committed
upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who
is performing his or her duty or upon a sports official based on the performance of his or her duties at a
sporting event and the person charged knew or should have known that the victim was an officer, a
provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a
gross misdemeanor, unless the assault is made with the use of a deadly weapon or the present ability to
use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum
term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than
$5,000, or by both fine and imprisonment.
(d) If the assault is committed upon an officer, a provider of health care, a school employee, a taxicab
driver or a transit operator who is performing his or her duty or upon a sports official based on the
performance of his or her duties at a sporting event by a probationer, a prisoner who is in lawful
custody or confinement or a parolee, and the probationer, prisoner or parolee charged knew or should
have known that the victim was an officer, a provider of health care, a school employee, a taxicab
driver, a transit operator or a sports official, for a category D felony as provided in NRS 193.130,
unless the assault is made with the use of a deadly weapon or the present ability to use a deadly
weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less
than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by
both fine and imprisonment."

Assault is most basically, attempt battery. "Simple" assault is a misdemeanor. There is a long definition of assault because there are number of people in different professions which the statute allows for a greater penalty for committing an assault against, namely law enforcement officers, school employees, and health care providers. There are always greater penalties for the use of a deadly weapon with any criminal act.  Assault, in many ways, is a more illusory crime than battery as no actual physical contact must be made.  There are certain subjective standards which must be proven, and good lawyering can always make a difference. 
If you have been charged with Assault, Assault with a Deadly Weapon, Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.

Prescription Drugs, Alcohol, and Domestic Violence

Prescription drugs and alcohol play a role in many Domestic Violence cases.  As most people are aware, alcohol effects the central nervous system, reducing inhibitions and sometimes causing irrational and explosive behavior.  Prescription drug use with alcohol can amplify these effects.  The use of these substances can provide fuel for physical events in households between people with domestic relationships.  Some of these situations lead to arrests for Domestic Violence.
From a legal perspective, the use of alcohol and prescription drugs are very important.  There are evidentiary concerns that attorneys must take into account when alcohol and/or drugs are involved in a criminal case, namely the ability for a witness or a Defendant to properly perceive the events alleged to have happened.  In many instances, both the alleged victim and the Defendant in a domestic violence case were under the influence of alcohol and/or prescription drugs at the time of the event. 
Police officers are normally keen to the fact that a person is under the influence of alcohol as there are physiological signs like bloodshot eyes.  Usually, there is also a noticeable odor on an intoxicated person's breath.  Additionally, there can be empty containers of consumed alcohol around the crime scene.
Prescription drug use can be harder to detect, and officers do not always investigate this facet of a criminal case.
When reviewing a criminal case, attorneys must investigate the use of alcohol and prescription drugs, so it is important for witnesses and Defendants to discuss the use of these substances with prosecutors and defense attorneys.  Many times police reports notate the use of alcohol and drugs, but amounts and types of drugs can be in question.  More information may need to be gathered for an attorney to properly prepare to discredit, or impeach, a witness at an evidentiary hearing.
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 on the Las Vegas Strip

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

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

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

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

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

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

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.