Types of Domestic Violence in Nevada
Under Nevada Law, domestic violence encompasses a range of behaviors that go beyond physical violence. Under NRS 33.018, the state recognizes various forms of abuse, including physical, emotional, and financial. These types of violence affect individuals in intimate or familial relationships, such as spouses, cohabitants, or those who share children.
In the Las Vegas metropolitan area, law enforcement and courts treat all types of domestic violence seriously. Understanding the different forms of domestic violence is crucial, as each carries its own legal implications and potential penalties. Josh Tomsheck, a national board-certified criminal trial lawyer, has successfully defended clients against a variety of domestic violence charges, using his knowledge of Nevada law to build strong defenses.
Despite the broad definition of Domestic Violence under NRS Chapter 33, the most relevant portions of Domestic Violence as it relates to criminal courts is the crime typically referred to as "Battery Constituting Domestic Violence," also called "Battery Domestic Violence" or "BDV" for short.
In a Battery Domestic Violence criminal case, there must exist some type of "Battery." Battery is physical force or violence. It is some type of harmful or offensive touching. This includes acts like a push, a punch, a slap, a kick, forcefully grabbing someone, throwing an inanimate object at someone, even spitting on someone if contact is made. It does not require actual injury. Under NRS 200.485, battery domestic violence is prosecuted aggressively in Nevada, with penalties that increase in severity for repeat offenses. It is the most commonly charged crime in the State of Nevada.
In Las Vegas, and throughout Nevada, there is no requirement that there be evidence of any actual physical injury for a charge of Battery Domestic Violence. The law does not necessitate serious bodily harm for an arrest to occur—any act of physical force or violence, any harmful or offensive contact at all, against a domestic partner can lead to charges. Josh Tomsheck has handled thousands of domestic violence cases and has a deep understanding of the local courts, helping clients who face these serious allegations.
NRS 33.018 describes other types of conduct which amount to domestic violence, other than Battery. To qualify, the violence must fall within the statutory "Domestic Relationship" for purposes of domestic violence. A Domestic Relationship would include a spouse or former spouse, any other person to whom the person is related by blood or marriage, 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. Once the domestic relationship is established, the violence under NRS 33.018 can include the above mentioned battery, but can also be an assault, coercion pursuant to NRS 207.190, sexual assault or a "knowing, purposeful or reckless course of conduct intended to harass the other person" such as stalking or Arson.
Penalties for Domestic Violence in Nevada
The penalties for domestic violence in Nevada are outlined in NRS 200.485 and range from misdemeanor charges to felonies, depending on the severity of the offense and whether the accused has prior convictions.
Misdemeanor Domestic Violence
A first offense is typically charged as a misdemeanor under Nevada law. The penalties for a misdemeanor domestic violence conviction include:
2 days to 6 months in jail,
Fines ranging from $200 to $1,000 (not including court costs, fees and assessments),
48 to 120 hours of community service,
Mandatory completion of a Domestic Violence Counseling Program (6 months of once a week sessions for a first offense, a full year for a second offense).
These penalties are mandatory under Nevada law, meaning the judge has little discretion to reduce or suspend them. The goal of these penalties is not only to punish the offender but also to provide counseling and education to prevent future violence. A second offense within seven years is still considered a misdemeanor, but the penalties become more severe, including a mandatory 10 days in jail and increased fines and classes.
Felony Domestic Violence
A third offense within seven years is considered a Category C felony, which is punishable by:
1 to 5 years in state prison,
Fines up to $10,000.
Felony domestic violence convictions carry long-term consequences, including the loss of civil rights such as the right to vote and the right to own firearms. Under 18 U.S.C. § 922(g) and NRS 202.360(1)(a), individuals convicted of domestic violence are permanently prohibited from possessing firearms, even if the conviction was for a misdemeanor.
Protective Orders
In addition to criminal penalties, victims of domestic violence can seek protective orders under NRS 33.018. A protective order is a legal document that restricts the accused from contacting the victim or coming near their home, workplace, or children's school. Protective orders are often granted in cases involving emotional or financial abuse, as well as physical violence.
There are two types of protective orders in Nevada:
1. Temporary Protective Orders (TPOs), which typically last 30 days and are usually issued immediately following an incident, at least until a hearing can take place.
2. Extended Protective Orders, which can last up to two years and are issued if the victim needs ongoing protection or if the Court believes there is an ongoing risk of domestic violence.
Violating a protective order is a separate criminal offense and can lead to additional penalties, including jail time. Josh Tomsheck has successfully represented clients facing both domestic violence charges and allegations of protective order violations, ensuring that his clients' rights are protected throughout the legal process.
Understanding the Legal Process in Domestic Violence Cases
The legal process for domestic violence cases in Nevada follows a strict pathway, from the initial arrest to pre-trial negotiations and, if necessary, a trial.
Arrest and Bail
In Nevada, arrests for domestic violence are mandatory when law enforcement officers have probable cause to believe that violence has occurred. Once arrested, the accused must be held for at least 12 hours - commonly referred to as a "cooling off period" before being released, even after being allowed to post bail. This mandatory holding period is designed to protect the victim and prevent any further harm.
During the bail hearing, a judge may impose conditions such as no-contact orders, which prohibit the accused from contacting the victim until the case is resolved. The court can also order additional or different conditions, such as electronic monitoring. If the Court orders cash, or monetary, bail the amount can vary depending on the severity of the offense and the accused's criminal history.
Arraignment
The arraignment is the first court appearance following the arrest, where the defendant is formally charged and given the opportunity to enter a plea (guilty, not guilty, or no contest). At this stage, having an experienced attorney like Josh Tomsheck can be crucial, as early intervention can lead to reduced charges or the possibility of case dismissal.
Pre-Trial Negotiations
In many domestic violence cases, pre-trial negotiations are critical. Josh Tomsheck has a strong record of negotiating favorable outcomes for his clients, often reducing charges or getting charges completely dismissed and avoiding all jail time. By presenting mitigating evidence or challenging the prosecution's case, Josh works to achieve the best possible outcome.
Trial
If the case proceeds to trial, the state must prove guilt beyond a reasonable doubt. With over 200 trials to his credit, Josh Tomsheck is a seasoned trial attorney who excels in defending clients in court. His extensive experience in Nevada's criminal justice system allows him to build strong defenses based on the facts of the case and the specific legal challenges of domestic violence allegations.
Understanding the types of domestic violence recognized under Nevada law is critical for anyone facing these serious charges. With the potential for life-altering penalties, including jail time, fines, and loss of rights, it's essential to have an experienced attorney by your side. Josh Tomsheck, a nationally board-certified criminal trial lawyer and an expert in Nevada domestic violence law, has defended thousands of clients in Las Vegas and knows how to navigate the complexities of these cases.
If you are facing domestic violence charges, contact Hofland & Tomsheck for a free consultation. With Josh Tomsheck's experience, you can be confident that your case is in capable hands, whether it involves physical, emotional, financial abuse, or any other domestic violence charge.
