Wednesday, October 3, 2012
No Harm Needed in a Nevada Battery Domestic Violence
When most people think of a Battery Domestic Violence case, they think of the archetype "wife beater" situation. This situation is one where a husband cannot control his temper and viciously beats his wife repeatedly over the course of a number of months or years. This clearly happens in our society, and this type of activity must have serious ramifications in a progressive world. The anecdote states that the victim of this physicality was harmed by the actions of her spouse, but the definition of Battery has no requirement of harm. The statute for Battery in Nevada is "any willful and unlawful use of force or violence upon the person of another." NRS 200.481. If the Battery is committed upon a person with whom the batterer had or currently has a Domestic Relationship, then a Defendant can be convicted of Battery Domestic Violence. If the definition is broken down into parts, a prosecutor needs the following to obtain a conviction: 1) willfulness, which on a basic level means not accidental 2) unlawful, meaning without legal defense, like self defense, defense of others, necessity, etc. 3) use of force, this is without limitation in the statute, so the amount of force is not taken into account (violence is not necessary) 4) upon the person of another. This means that even the most minimal contacts with an individual could lead to a conviction for Battery Domestic Violence. Clearly, prosecutors should use, and usually do use, discretion with some of the more minimal physical contacts, but that does not mean a person could not be convicted of the charge. Many times prosecutors look at situations in which there is minimal contact where there is no physical "harm", and they believe the physicality in that relationship could escalate in the future, so they are preventing future harm by prosecuting a case with minimal force. People in Domestic Relationships need to be aware of this when getting into verbal altercations because if the police are called (i.e. by a neighbor), even the allegation of the most minimal contacts could result in an arrest and prosecution.
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 for help.
Tuesday, September 25, 2012
Domestic Violence Convictions and Professional Licenses
In order to enter into certain professions, a person must first obtain a license. There are normally a few steps that a person must undertake to obtain that license. Frequently, one of the requirements for a professional license is an exam which tests the subject matter relevant to that profession as a lawyer, doctor, or nurse. Another requirement of many professional licenses is character fitness. In order to obtain a license, the applicant must be of good moral character. One of the easiest and quickest ways for a licensing body to ascertain whether an applicant has good moral character is through a background check of criminal history. A conviction for certain crimes may make an individual unable to obtain a license in a certain field. The most serious crimes like murder, rape and arson are ubiquitous disqualifications, but a conviction for Battery Domestic Violence is also likely to make it difficult to obtain a license. Battery Domestic Violence will most likely be considered a crime regarding moral turpitude. In Nevada, there are provisions for excluding applicants from obtaining licenses who have convictions relating to crimes involving moral turpitude for architects, contractors, nurses, accountants, physicians, nurses, lawyers, dentists, and a number of others. This makes it imperative to retain competent counsel to defend against charges of Battery Domestic Violence if you have any desire to obtain a professional license in the future or keep a current license. In many cases, it is possible to keep your record clean, so there is little to no effect on a professional license. Also, even if you have a criminal conviction, it may be possible to present mitigating evidence to a licensing board regarding the conviction, so you are still eligible to receive the license.
If you have been charged with Battery, Battery Domestic Violence, or any crime related to a Domestic incident; if a TPO has been issued against you; or your professional license is at risk for an allegation or conviction, please visit georgeforjustice.com.
If you have been charged with Battery, Battery Domestic Violence, or any crime related to a Domestic incident; if a TPO has been issued against you; or your professional license is at risk for an allegation or conviction, please visit georgeforjustice.com.
Thursday, June 21, 2012
Violating TPOs and Contempt Orders
If a Court issues a protective order pursuant to NRS 33.020, which states:
"If it appears to the satisfaction of the court from specific facts shown by a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence, the court may grant a temporary or extended order."
The Court has the power to hold the adverse party in contempt pursuant to NRS 22.010 if the Court feels that the order has been violated pursuant to section 3 below.
Acts or omissions constituting contempts.
The following acts or omissions shall be deemed contempts:
1. Disorderly, contemptuous or insolent behavior toward the judge while the judge is holding court, or engaged in judicial duties at chambers, or toward masters or arbitrators while sitting on a reference or arbitration, or other judicial proceeding.
2. A breach of the peace, boisterous conduct or violent disturbance in the presence of the court, or in its immediate vicinity, tending to interrupt the due course of the trial or other judicial proceeding.
3. Disobedience or resistance to any lawful writ, order, rule or process issued by the court or judge at chambers.
4. Disobedience of a subpoena duly served, or refusing to be sworn or answer as a witness.
5. Rescuing any person or property in the custody of an officer by virtue of an order or process of such court or judge at chambers.
6. Disobedience of the order or direction of the court made pending the trial of an action, in speaking to or in the presence of a juror concerning an action in which the juror has been impaneled to determine, or in any manner approaching or interfering with such juror with the intent to influence the verdict.
7. Abusing the process or proceedings of the court or falsely pretending to act under the authority of an order or process of the court.
The potential civil penalties for the disobedience of the Court's order (TPO) are below.
NRS 22.100. Penalty for contempt.
1. Upon the answer and evidence taken, the court or judge or jury, as the case may be, shall determine whether the person proceeded against is guilty of the contempt charged.
2. Except as otherwise provided in NRS 22.110, if a person is found guilty of contempt, a fine may be imposed on the person not exceeding $500 or the person may be imprisoned not exceeding 25 days, or both.
3. In addition to the penalties provided in subsection 2, if a person is found guilty of contempt pursuant to subsection 3 of NRS 22.010, the court may require the person to pay to the party seeking to enforce the writ, order, rule or process the reasonable expenses, including, without limitation, attorney's fees, incurred by the party as a result of the contempt.
This is only one of the potential punishments for the violation of a protective order. This punishment is civil, and can be imposed by the Court immediately after the above steps are taken in section 1. Other punishments are criminal in nature and would be prosecuted by a governmental entity.
protective orders are very serious, and counsel should be consulted in regards to them.
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.
"If it appears to the satisfaction of the court from specific facts shown by a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence, the court may grant a temporary or extended order."
The Court has the power to hold the adverse party in contempt pursuant to NRS 22.010 if the Court feels that the order has been violated pursuant to section 3 below.
Acts or omissions constituting contempts.
The following acts or omissions shall be deemed contempts:
1. Disorderly, contemptuous or insolent behavior toward the judge while the judge is holding court, or engaged in judicial duties at chambers, or toward masters or arbitrators while sitting on a reference or arbitration, or other judicial proceeding.
2. A breach of the peace, boisterous conduct or violent disturbance in the presence of the court, or in its immediate vicinity, tending to interrupt the due course of the trial or other judicial proceeding.
3. Disobedience or resistance to any lawful writ, order, rule or process issued by the court or judge at chambers.
4. Disobedience of a subpoena duly served, or refusing to be sworn or answer as a witness.
5. Rescuing any person or property in the custody of an officer by virtue of an order or process of such court or judge at chambers.
6. Disobedience of the order or direction of the court made pending the trial of an action, in speaking to or in the presence of a juror concerning an action in which the juror has been impaneled to determine, or in any manner approaching or interfering with such juror with the intent to influence the verdict.
7. Abusing the process or proceedings of the court or falsely pretending to act under the authority of an order or process of the court.
The potential civil penalties for the disobedience of the Court's order (TPO) are below.
NRS 22.100. Penalty for contempt.
1. Upon the answer and evidence taken, the court or judge or jury, as the case may be, shall determine whether the person proceeded against is guilty of the contempt charged.
2. Except as otherwise provided in NRS 22.110, if a person is found guilty of contempt, a fine may be imposed on the person not exceeding $500 or the person may be imprisoned not exceeding 25 days, or both.
3. In addition to the penalties provided in subsection 2, if a person is found guilty of contempt pursuant to subsection 3 of NRS 22.010, the court may require the person to pay to the party seeking to enforce the writ, order, rule or process the reasonable expenses, including, without limitation, attorney's fees, incurred by the party as a result of the contempt.
This is only one of the potential punishments for the violation of a protective order. This punishment is civil, and can be imposed by the Court immediately after the above steps are taken in section 1. Other punishments are criminal in nature and would be prosecuted by a governmental entity.
protective orders are very serious, and counsel should be consulted in regards to them.
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.
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Monday, May 21, 2012
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.
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.
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.
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 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.
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.
Friday, April 13, 2012
Careful What You Ask For - Attempt to Suborn Perjury
In many Battery Domestic Violence cases, after an event occurs between partners leading to a charge, the partners do not end their domestic relationship. This leads many partners to discuss what happened on the day in question. These discussions can lead to one partner to tell another that the situation was different than the way they perceived it, and it can come to the point of asking a partner to portray the situation differently if they were to testify at trial. These are dangerous discussions. Pursuant to Nevada law, "Every person who, without giving, offering or promising a bribe, shall incite or attempt to procure another to commit perjury, or to offer any false evidence, or to withhold true testimony, though no perjury be committed or false evidence offered or true testimony withheld, shall be guilty of a gross misdemeanor." NRS 199.150.
No one wants to make a bad situation worse, so partners need to be careful what they discuss after an event of Domestic Violence. There are always two sides to every story. No one perceives any one situation the same, especially one that is severely emotionally charged like the events leading to a Domestic Violence charge.
If you have been charged with Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.
No one wants to make a bad situation worse, so partners need to be careful what they discuss after an event of Domestic Violence. There are always two sides to every story. No one perceives any one situation the same, especially one that is severely emotionally charged like the events leading to a Domestic Violence charge.
If you have been charged with Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.
Tuesday, April 10, 2012
False Imprisonment and Domestic Violence
In some situations where there is an allegation of Battery Domestic Violence, the matter also includes facts which lead to a charge of false imprisonment. False imprisonment is a more serious crime than misdemeanor Domestic Violence.
Pursuant to NRS 200.460, false imprisonment is defined as follows:
1. False imprisonment is an unlawful violation of the personal liberty of another, and consists in confinement or detention without sufficient legal authority.
2. A person convicted of false imprisonment shall pay all damages sustained by the person so imprisoned, and, except as otherwise provided in this section, is guilty of a gross misdemeanor.
3. Unless a greater penalty is provided pursuant to subsection 4, if the false imprisonment is committed:
(a) By a prisoner in a penal institution without a deadly weapon; or
(b) By any other person with the use of a deadly weapon,
the person convicted of such a false imprisonment is guilty of a category B felony and shall be punished 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.
4. Unless a greater penalty is provided pursuant to subsection 5, if the false imprisonment is committed by using the person so imprisoned as a shield or to avoid arrest, the person convicted of such a false imprisonment is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 15 years.
5. If the false imprisonment is committed by a prisoner who is in lawful custody or confinement with the use of a deadly weapon, the person convicted of such a false imprisonment is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.
This crime mostly appears in situations of Domestic Violence when one person will not allow another person leave a residence. Many times both people reside in the home in question. There are defenses to this crime, and an experienced attorney will take the time to flesh them out fully through potentially lengthy discussions and legal research.
If you have been charged with False Imprisonment, Assault, Assault with a Deadly Weapon, Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.
Pursuant to NRS 200.460, false imprisonment is defined as follows:
1. False imprisonment is an unlawful violation of the personal liberty of another, and consists in confinement or detention without sufficient legal authority.
2. A person convicted of false imprisonment shall pay all damages sustained by the person so imprisoned, and, except as otherwise provided in this section, is guilty of a gross misdemeanor.
3. Unless a greater penalty is provided pursuant to subsection 4, if the false imprisonment is committed:
(a) By a prisoner in a penal institution without a deadly weapon; or
(b) By any other person with the use of a deadly weapon,
the person convicted of such a false imprisonment is guilty of a category B felony and shall be punished 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.
4. Unless a greater penalty is provided pursuant to subsection 5, if the false imprisonment is committed by using the person so imprisoned as a shield or to avoid arrest, the person convicted of such a false imprisonment is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 15 years.
5. If the false imprisonment is committed by a prisoner who is in lawful custody or confinement with the use of a deadly weapon, the person convicted of such a false imprisonment is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.
This crime mostly appears in situations of Domestic Violence when one person will not allow another person leave a residence. Many times both people reside in the home in question. There are defenses to this crime, and an experienced attorney will take the time to flesh them out fully through potentially lengthy discussions and legal research.
If you have been charged with False Imprisonment, Assault, Assault with a Deadly Weapon, Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.
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