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 Battery, Battery 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.