Friday, March 28, 2014

Social Media and Privacy Settings

Are you involved in a Civil, Criminal, or Family Court matter?  If you are, an attorney is trying to do research on you via the internet.  Social media, like Facebook, Twitter, Instagram, etc., can be a very valuable resource for attorneys in developing a case against you, or discrediting you.  Pictures and statements that you feel are harmless can be taken out of context and used against you. The best thing to do to prevent this from happening is to keep your settings as private as possible, so people like attorneys cannot see your information.  Remember, attorneys cannot misrepresent who they are pursuant to their ethical rules, so if an attorney does make a misrepresentation, they can be sanctioned.  Be careful with your information as to what you put on the internet, and who you trust, because it could become a big issue in your life if you end up fighting about something in court.
If you have been charged with BatteryBattery Domestic Violence, or any crime related to a Domestic incident, or if a protective order (TPO or EPO) has been issued against you, please visit gerobinsonlaw.com or call 702-233-4225 for help.

Friday, March 21, 2014

Domestic Violence - Coercion


What is the crime of coercion?  It is included in the definition of Domestic Violence in Nevada as part of NRS 33.018:
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:
(a) A battery.
(b) An assault.
(c) Compelling the other person by force or threat of force to perform an act from which the other person has the right to refrain or to refrain from an act which the other person has the right to perform.
...
Although the word coercion is not used in NRS 33.018, the definition is covered in section (c).  Coercion is further defined in NRS 207.190.

1. It is unlawful for a person, with the intent to compel another to do or abstain from doing an act which the other person has a right to do or abstain from doing, to:
(a) Use violence or inflict injury upon the other person or any of the other person's family, or upon the other person's property, or threaten such violence or injury;
(b) Deprive the person of any tool, implement or clothing, or hinder the person in the use thereof; or
(c) Attempt to intimidate the person by threats or force.
2. A person who violates the provisions of subsection 1 shall be punished:
(a) Where physical force or the immediate threat of physical force is used, 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, and may be further punished by a fine of not more than $5,000.
(b) Where no physical force or immediate threat of physical force is used, for a misdemeanor.
As seen, coercion with physical force is a very serious crime, and if convicted, a person could go to prison.  In the municipalities in Clark County, misdemeanor coercion is a crime regularly charged in addition to a count of battery constituting domestic violence because no physical touching is needed for the conviction.  For example, if a defendant has been charged with trying to stop someone from calling 911 by threatening them and then grabbing their arm to stop them, the defendant could be charged with both coercion and battery domestic violence.
If you have been charged with BatteryBattery Domestic Violence, or any crime related to a Domestic incident like coercion, or if a protective order (TPO or EPO) has been issued against you, please visit gerobinsonlaw.com or call 702-233-4225 for help.


Friday, March 14, 2014

Keeping a Diary

In many domestic relationships, there comes a point where people start to get a bad feeling about what is going to happen in the future, like an event of domestic violence.  Maybe your partner is acting strange, saying strange things, or lying.  Maybe your partner has had a hard time controlling her temper at times or become more aggressive, and you feel like a physical altercation may be on the horizon. Clearly, there are certain steps that can be taken to attempt to prevent future physical or mental abuse, like communication, counseling, medication, leaving the relationship, etc.
After an event has occurred, and a party comes to an attorney for help in a criminal or family law situation that has resulted.  The attorney will ask his client about the partner's strange behavior before the alleged violent incident in question.  The attorney would like to have concrete, specific examples of the behavior, and usually human memory does not allow for a high level of detail in recalling past events.
If the client would have kept a diary and written down the partner's strange, aggressive, or criminal behavior, the attorney could use the diary to more clearly evaluate the client's defenses and potentially use the diary at trial.
The rules of evidence allow for these diaries to be used at trial in certain situations.  NRS 51.125 allows for the recorded recollection to be admissible.  "1. A memorandum or record concerning a matter about which a witness once had knowledge but now has insufficient recollection to enable the witness to testify fully and accurately is not inadmissible under the hearsay rule if it is shown to have been made when the matter was fresh in the witness's memory and to reflect that knowledge correctly.  2. The memorandum or record may be read into evidence but may not itself be received unless offered by an adverse party."
Even better than a diary, would be an in-person video or audio recording of the behavior on a smartphone (no recording of phone conversations without consent).  Always remember that some of this data could also be available in old text messaging and other social media.  All of this information should be saved and could prove to be very helpful in the prosecution or defense of a case.  Collect all of this data, and present it to your attorney if a legal situation arises.
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 gerobinsonlaw.com or call 702-233-4225 for help.

Friday, March 7, 2014

Domestic Violence and Children

When is Battery Domestic Violence considered child abuse?  Clearly, the victim of the battery needs to be a child (person under the age of 18) to be considered child abuse, but there are other requirements for a battery on a child to be considered child abuse. Pursuant to NRS 200.481(a), which is where the definition for battery in the battery domestic violence statute comes from, "Battery" means any willful and unlawful use of force or violence upon the person of another.  There is no requirement of physical harm in this definition, so no matter how slight the use of force is against another person, a conviction for battery can be had.  Child abuse is more specific as to the result of the willful act.  NRS 200.508 defines child abuse in Nevada and the punishments for conviction.  Pursuant to Subsection 4. "(a) "Abuse or neglect" means physical or mental injury of a nonaccidental nature, sexual abuse, sexual exploitation, negligent treatment or maltreatment of a child under the age of 18 years, as set forth in paragraph (d) and NRS 432B.070; , 432B.100; , 432B.110; , 432B.140; and 432B.150, under circumstances which indicate that the child's health or welfare is harmed or threatened with harm.(b) "Allow" means to do nothing to prevent or stop the abuse or neglect of a child in circumstances where the person knows or has reason to know that the child is abused or neglected.(c) "Permit" means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care, custody and control of a minor child.(d) "Physical injury" means:(1) Permanent or temporary disfigurement; or(2) Impairment of any bodily function or organ of the body.(e) "Substantial mental harm" means an injury to the intellectual or psychological capacity or the emotional condition of a child as evidenced by an observable and substantial impairment of the ability of the child to function within his or her normal range of performance or behavior."
Child abuse calls for an injury or harm to the physical or mental well-being of the child whereas battery domestic violence does not have the element of the resulting injury or harm.  Child abuse is a more serious crime than battery domestic violence as it is a felony.  Battery domestic violence is a misdemeanor unless substantial bodily harm results from the battery, a weapon is used, or the battery was committed on a protected party while performing their job.  Pursuant to these statutes, a person could commit a battery on a child that does not arise to the level of child abuse.  There are many other subjects in relation to this topic that will be discussed in the future.    

If you have been charged with BatteryBattery Domestic Violence, Child Abuse or any crime related to a Domestic incident, or if a TPO has been issued against you, please visit gerobinsonlaw.com or call 702-233-4225 for help.