Tuesday, May 1, 2012

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 BatteryBattery 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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