Domestic Violence

Legal Representation for Domestic Violence

Domestic battery cases are vigorously prosecuted in the State of Nevada. If convicted of domestic violence charges, you could face serious penalties including high fines and possible jail time.

Keep in mind, being charged with domestic battery, does not make you guilty. Many times, the accusation is very different than what really happened. As a result you may have been improperly charged. However, the domestic battery laws in Nevada strongly favor the alleged victim and arrests are often made with little to no evidence.

Fighting False Domestic Violence Accusations

Some cases are brought by a spouse or domestic partner trying to obtain an advantage in a divorce or custody case. Complaining witnesses sometimes make false statements to the police simply as a means to lash out against their partner.

Las Vegas police officers are trained to make an arrest when they suspect a domestic battery has occurred. Those arrest decisions can be made based on false accusations that have no basis in reality. If accused, you have too much at risk fighting the battle on your own. You need the most experienced lawyer you can find.

Our legal team will handle your case in the most sensitive and compassionate manner. We have extensive experience dealing with the most complicated domestic violence cases. Spartacus Law Firm understands the legal process and we know how to approach your situation, so that you can expect the best possible outcome.

What is Domestic Violence?

Domestic violence generally is defined as a violent crime committed in the context of an intimate relationship. However, domestic violence is no longer just a family matter. It is a crime involving the use of power, coercion and violence to control another. This crime is recognized by Nevada state law and prosecutable by law enforcement.

Domestic violence is different from other random crimes because a perpetrator and victim are not strangers. They are intimate partners, family members or parents of common children. This relationship, therefore, binds a victim to his or her perpetrator. For example, the victim may rely on the perpetrator for economic support or child support.

Ongoing domestic violence is characterized by a pattern of escalating abuse in which one partner in the relationship controls the other through force, deprivation and/or the threat of deprivation or violence.

Types of Domestic Violence

Spousal Abuse: This type of abuse generally occurs between a husband and wife, girlfriend and boyfriend, or same sex couple. The dominant partner may choose to exert his or her power by many means including physical, emotional, verbal, spiritual, financial, homophobic-based, immigration based, or threats of destructive acts.

Rape / Sexual Assault: This type of abuse typically occurs between a husband and wife, girlfriend and boyfriend, or same sex couple. The abuse is characterized by forced or pressured sexual acts, including rape.

Child Abuse: This type of abuse is typically perpetrated on a child by a parent, grandparent, step-parent, or significant other of a parent. It can include physical, emotional and verbal assaults against a child.

Elderly Abuse: This type of abuse is typically perpetrated on senior citizens by their children, grandchildren or others living with or caring for the victim. The abuse ranges from physical, emotional and verbal abuse to financial and destructive threats.

Stalking / Cyber Stalking: Stalking is a crime of harassment in which a victim is fearful for his or her own safety or life. Cyber-stalking is a new phenomenon in stalking in which abusers can discover a victim’s internet activities by gaining access to the victim’s e-mail account. The stalker can read the victim’s incoming and outgoing mail and send threatening or harassing e-mail messages to the victim.

Nevada Domestic Violence Laws

The State of Nevada takes domestic violence very seriously. Cases are prosecuted vigorously, often leading to steep fines and prison time.
Domestic violence laws are defined under Nevada Code section 33.018
Domestic violence offenders convicted in the State of Nevada are subject to the following penalties:
First Offense Within Seven Years: Misdemeanor offense that is punishable by imprisonment for two days to six months, 48 to 120 hours of community service, and a fine of between $200 and $1,000.
Second Offense Within Seven Years: Misdemeanor offense that is punishable by imprisonment for 10 days to six months, 100 to 200 hours of community service, and a fine of between $500 and $1,000.
Third (or Subsequent) Offense Within Seven Years: Class C felony that is punishable by imprisonment for one to five years, and a fine of up to $10,000.
In addition, those who are convicted under Nevada's domestic violence statutes are also required to participate in counseling session.
At the Spartacus Law Firm, we achieve the maximum results possible for our clients, while striving to meet their personal needs throughout this time of turmoil. If you have been injured due to the negligence of another, please contact our office for a free consultation.
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