One of the most common defenses that could get a second domestic violence offense in Las Vegas dismissed is that the defendant was acting in self-defense. Self-defense is a common strategy to deploy because these types of cases often fall under the category of “he said she said”. This is why it’s imperative that you have an experienced domestic violence defense lawyer fighting for you. Nevada law permits people to fight back against an aggressor as long as the following are true:
- They reasonably believe it is necessary to avoid imminent injury to themselves or someone else
- They use no more force than necessary to deflect the attack
Another common defense to domestic violence charges is that the “victim” falsely accused the defendant. Especially between those in domestic relationships, this is more common than you might think. Some accusers may even self-inflict injuries before calling 911 in an attempt to back up their allegations and create a narrative against the defendant. Lastly, it can be an effective defense to argue that the incident was just an accident. As long as the defendant did not knowingly touch the victim in an unlawful way, it’s possible to have second domestic violence charges in Nevada dropped with the help of your criminal defense lawyer.
No. Probation may not be granted in domestic violence cases in Las Vegas or in Nevada. This is codified in NRS 200.485(8)
and does not have any cognizable exceptions. Prosecutors, on the other hand, frequently propose plea deals in which the defendant agrees to plead guilty to battery domestic violence and waives his or her right to a trial in exchange for a lighter sentence.
The prosecution just needs to prove an offensive touching against someone with whom you had a domestic relationship in order to convict you of a second offense of domestic violence. An ex-boyfriend or ex-girlfriend, for example, or a husband or wife, child or stepchild. To be convicted of this crime, all it takes is a simple push or shove with no bodily marks or harm. If you are convicted of domestic violence a second time, and if you are charged with a third domestic violence offense in the future you will face a felony conviction with mandatory jail time.
Yes, Temporary Restraining Orders (TROs) often follow when an individual is charged with battery domestic violence. When a court issues a restraining order, it orders the suspected abuser to stay away from the victim and often times relinquish their firearms. In Nevada, there are two types of restraining orders:
- Temporary Protective Orders also known as TPOs, as the name suggests are temporary in nature and last for 45 days.
- After a TPO is issued the victim may request a more permanent injunction which extends the protective order for up to one year.
NRS 33.020 outlines the requirements for a temporary extended restraining orders to issue:
- 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. A court shall only consider whether the act of domestic violence or the threat thereof satisfies the requirements of NRS 33.018 without considering any other factor in its determination to grant the temporary or extended order.
- A temporary or extended order must not be granted to the applicant or the adverse party unless the applicant or the adverse party has requested the order and has filed a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence.
- The court may require the applicant or the adverse party, or both, to appear before the court before determining whether to grant the temporary or extended order.
- A temporary order may be granted with or without notice to the adverse party. An extended order may only be granted after notice to the adverse party and a hearing on the application.
- A hearing on an application for an extended order must be held within 45 days after the date on which the application for the extended order is filed. If the adverse party has not been served pursuant to NRS 33.060 or 33.065 and fails to appear at the hearing, the court may, upon a showing that law enforcement, after due diligence, has been unable to serve the adverse party or that the adverse party has sought to avoid service by concealment, set a date for a second hearing which must be held within 90 days after the date on which the first hearing was scheduled.
- If the adverse party has not been served pursuant to NRS 33.060 or 33.065 and fails to appear on the date set for a second hearing on an application for an extended order pursuant to subsection 5, the court may, upon a showing that law enforcement, after due diligence, has been unable to serve the adverse party or that the adverse party has sought to avoid service by concealment, set a date for a third hearing which must be held within 90 days after the date on which the second hearing was scheduled.
- The court shall rule upon an application for a temporary order within 1 judicial day after it is filed.
- If it appears to the satisfaction of the court from specific facts communicated by telephone to the court by an alleged victim that an act of domestic violence has occurred and the alleged perpetrator of the domestic violence has been arrested and is presently in custody pursuant to NRS 171.137, the court may grant a temporary order. Before approving an order under such circumstances, the court shall confirm with the appropriate law enforcement agency that the applicant is an alleged victim and that the alleged perpetrator is in custody. Upon approval by the court, the signed order may be transmitted to the facility where the alleged perpetrator is in custody by electronic or telephonic transmission to a facsimile machine. If such an order is received by the facility holding the alleged perpetrator while the alleged perpetrator is still in custody, the order must be personally served by an authorized employee of the facility before the alleged perpetrator is released. The court shall mail a copy of each order issued pursuant to this subsection to the alleged victim named in the order and cause the original order to be filed with the court clerk on the first judicial day after it is issued.
- In a county whose population is 52,000 or more, the court shall be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to receive communications by telephone and for the issuance of a temporary order pursuant to subsection 8.
- In a county whose population is less than 52,000, the court may be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to receive communications by telephone and for the issuance of a temporary order pursuant to subsection 8.
- The clerk of the court shall inform the protected party upon the successful transfer of information concerning the registration to the Central Repository for Nevada Records of Criminal History as required pursuant to NRS 33.095.
Pursuant to the above, protective orders are often issued by family courts without enabling the alleged abuser to defend himself. The alleged abuser, may request a hearing after the issuance of the TPO to contest the order. Note, violations of a TPO or extended Order of Protection are charged as additional crimes and may be punishable by up to six months in the Clark County Detention Center with a fine up to a thousand dollars. Possessing a firearm when prohibited by a restraining order is a category B felony punishable by one to six (1–6) years in Nevada State Prison and a fine of up to $5,000. While it is feasible to defend against a restraining order without the assistance of an attorney, it is always recommended and encouraged to obtain legal advice from an attorney while facing this invasive legal action.
Domestic violence offenses are serious alone, but they commonly have related charges added that can enhance penalties. Enacted by NRS 200.471
, one of the most common charges that are related to domestic violence is assault with a deadly weapon. A deadly weapon is any object that can cause substantial bodily harm or death
. Another related charge is domestic violence by strangulation
. Often in domestic violence altercations, there are accusations of the defendant’s hands being on or near the accuser’s neck area. In these cases, the prosecutor may try to tack on a strangulation charge to enhance the potential penalties if convicted. It’s important to remember that if you face one of these related charges, you have a right to a trial by jury. You and your attorney can defend against these accusations and do everything possible to mitigate the consequences.
A second domestic violence offense in Las Vegas is charged as a misdemeanor as long as there are no additional or enhanced charges tacked on. However, the consequences for a misdemeanor 2nd domestic violence offense are still serious. Along with the criminal penalties associated with this crime, you will also not be eligible to seal your criminal record for seven years after your case is closed, prohibited from owning a firearm, and may face child custody complications.