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.
Domestic Violence is a serious societal problem, but Defendants must be afforded a competent, effective defense. This blog is prepared by Lawyers who have over 30 years of experience, and discusses issues in Domestic Violence cases mostly from a defense perspective. This blog also concentrates on Nevada law and legal situations that arise in the Clark County area, i.e. Las Vegas, North Las Vegas, Henderson, Boulder City, and Laughlin. Email georgeforjustice@gmail.com for a FREE consultation.
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