Las Vegas Justice Court and Battery Domestic Violence (BDV) Cases
The Las Vegas Justice Court is central to resolving legal matters within the city, handling a range of criminal, civil, and traffic cases. If you've been charged with a Battery Domestic Violence (BDV) misdemeanor, your case will likely be heard in this court. The stakes are high, as Nevada enforces strict penalties for BDV offenses. Understanding the court process and how BDV cases are handled, especially in the specialized BDV courts within the Justice Court system, is essential to mounting an effective defense.
Attorney Josh Tomsheck, founder of the LV NV DV Defense Center, has extensive experience representing clients in the Las Vegas Justice Court. As a Nationally Board-Certified Criminal Trial Lawyer and former Chief Deputy District Attorney, Josh is well-versed in the court's procedures, particularly in the specialized courts that handle BDV misdemeanor cases.
What is the Las Vegas Justice Court?
The Las Vegas Justice Court is a part of the larger Clark County Justice Court system, tasked with handling misdemeanor criminal cases, preliminary hearings for felony offenses, and certain civil disputes such as small claims and evictions. It is a key court for the initial stages of criminal cases, and its judges are elected to serve six-year terms.
The court is divided into various departments, each focusing on specific case types. For Battery Domestic Violence misdemeanor cases, the Las Vegas Justice Court has two specialized courts who only handle domestic violence related charges. These Courts are currently assigned to Judge DeMonte's BDV Court in JC10 and Judge Wilson's BDV Court in JC7. Each of these experienced and capable judges work to ensure that these serious cases receive the focused attention they require.
What is Battery Domestic Violence in Nevada?
Battery Domestic Violence (BDV), under NRS 200.485, is defined as the unlawful use of force or violence against a person with whom the accused shares a domestic relationship. BDV cases can arise from altercations between:
• Spouses or former spouses
• Cohabitants or individuals in a dating relationship
• Family members or those related by blood or marriage
• Parents and children, including stepchildren
Acts considered BDV can range from pushing, hitting, or slapping, to more serious offenses such as strangulation or causing substantial bodily harm. Even minor physical altercations can lead to BDV charges, and Nevada's laws impose strict penalties for these offenses, even for first-time misdemeanors.
The Role of the Las Vegas Justice Court in BDV Cases
For those accused of Battery Domestic Violence, the Las Vegas Justice Court will likely be the first step in the legal process. The court's role is to adjudicate misdemeanor BDV charges and handle preliminary hearings for felony BDV offenses. Here's a breakdown of the typical process for BDV misdemeanor cases in the Justice Court:
Initial Appearance and Arraignment
Your first appearance in the Las Vegas Justice Court is known as the arraignment. During this hearing, the charges against you are formally presented, and you will be asked to enter a plea of guilty, not guilty, or no contest. In almost all cases, Josh Tomsheck will recommend entering a plea of not guilty, allowing time to investigate the case and develop a defense strategy. One of the greatest mistakes individuals who don't have an experienced Las Vegas Domestic Violence lawyer make, is pleading guilty at the inception of the case.
The court will also decide whether bail will be set or whether the accused will be released on their own recognizance (O.R.), depending on the severity of the charges and the individual's criminal history.
BDV Misdemeanor Courts: JC10 and JC7
In the Las Vegas Justice Court, BDV misdemeanor cases are heard in specialized domestic violence courts designed to handle these specific types of cases. Currently, these cases are heard by Judge DeMonte, who presides over JC10, and Judge Wilson, the sitting judge in JC7. Both judges have extensive experience dealing with domestic violence cases, ensuring a focused and streamlined process for defendants and victims alike.
These BDV courts are essential in managing the large volume of domestic violence cases that come through the Las Vegas Justice Court each year. Because these courts are dedicated solely to domestic violence offenses, they can handle cases efficiently, with judges who are well-versed in the complexities of BDV law.
The Importance of Early Representation in BDV Cases
When facing a Battery Domestic Violence charge, it's critical to secure legal representation as soon as possible. Nevada law mandates a 12-hour cooling-off period following an arrest for BDV, during which the accused cannot be released from custody. During this time, police and prosecutors begin gathering evidence that may be used against you in court.
It is important not to make any statements to law enforcement during this period without an attorney present, as anything you say can be used to build the case against you. Josh Tomsheck provides early intervention, working to protect your rights from the moment you are arrested.
Preliminary Hearings for Felony BDV Cases
In more serious cases where the BDV charge is a felony, the Las Vegas Justice Court will conduct a preliminary hearing to determine whether there is enough evidence to proceed to trial. This hearing is a critical stage in the case, as it allows the defense to challenge the prosecution's evidence and cross-examine witnesses. If the court finds probable cause, the case will be transferred to the Clark County District Court for trial.
Having an experienced attorney like Josh Tomsheck on your side during these hearings is essential to identifying weaknesses in the prosecution's case and fighting for a dismissal or reduction of charges.
Defenses to Battery Domestic Violence Charges
When you are charged with BDV, the right defense strategy can make all the difference in the outcome of your case. Josh Tomsheck has successfully defended many clients in the Las Vegas Justice Court, using a variety of strategies depending on the specifics of the case. Common defenses include:
• Self-defense: Arguing that the accused acted to protect themselves or another person from imminent harm.
• False allegations: Proving that the accusations were fabricated or exaggerated, which can happen in heated domestic disputes or during divorce or custody battles.
• Lack of evidence: Challenging the evidence presented by the prosecution, including police reports and witness testimony, to create reasonable doubt.
• Accidental contact: Demonstrating that any physical contact was unintentional and not intended to cause harm.
With his deep understanding of Nevada’s BDV laws and his experience in both JC10 and JC7, Josh Tomsheck is well-positioned to build a strong defense tailored to the specifics of your case.
Penalties for BDV Misdemeanor Convictions in Nevada
Nevada law imposes mandatory minimum sentences for those convicted of Battery Domestic Violence, even for first-time offenders. The penalties increase with each subsequent offense:
First Offense (Misdemeanor):
• 2 days to 6 months in jail
• 48 to 120 hours of community service
• Fines between $200 and $1,000
• Mandatory counseling for at least six months
Second Offense (Within 7 Years):
• 20 days to 6 months in jail
• Increased fines and extended counseling requirements
Third Offense (Felony):
• 1 to 5 years in state prison (non probationable - mandatory prison)
• Fines up to $5,000
• Enhanced penalties for BDV cases involving strangulation or significant bodily harm
A BDV conviction can also result in the loss of firearm rights, impact child custody and visitation rights, and create long-term challenges when seeking employment or housing.
Why You Need Josh Tomsheck
Navigating a Battery Domestic Violence case in the Las Vegas Justice Court requires a defense attorney with extensive experience in both the general procedures of the court and the specific processes of the BDV courts. Josh Tomsheck has successfully defended countless clients against domestic violence charges, working within the framework of the Las Vegas Justice Court.
As a Nationally Board-Certified Criminal Trial Lawyer and former prosecutor, Josh understands how these cases are prosecuted and can use this knowledge to secure the best possible outcome for his clients. Whether you are facing a misdemeanor BDV charge or a more serious felony, Josh has the experience and dedication needed to protect your rights and knows how to beat your charge if possible.
Contact the LV NV DV Defense Center
If you've been charged with Battery Domestic Violence in Las Vegas, the stakes are too high to navigate the legal system alone. Josh Tomsheck and the team at the LV NV DV Defense Center offer skilled and aggressive representation to help you achieve the best possible result. Contact us today for a free consultation and take the first step toward protecting your future.
