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.