Las Vegas Battery Domestic Violence and Domestic Abuse

Important Information about Nevada Battery Domestic Violence Laws

1. Battery domestic violence laws in Las Vegas, Nevada.

2. An experienced Las Vegas domestic battery attorney can examine all the details surrounding the incident.

3. When Nevada law determines a battery incident is domestic violence or domestic abuse.

Battery domestic violence laws in Las Vegas, Nevada.

Battery domestic violence laws in Las Vegas, Nevada are complex. The circumstances of each alleged incident of domestic violence as well as the criminal history of the accused determine the penalties for domestic abuse in Nevada. Battery domestic violence can be prosecuted as a misdemeanor or a felony in Las Vegas. The specific details of each domestic violence case determine how the case will be prosecuted.

Nevada defines battery as "any willful and unlawful use of force or violence upon the person of another" (NRS 200.481). If the act of battery is committed against a member of the family or the household, it is consider domestic violence and prosecuted as battery domestic violence.

Depending on the details of the case, a felony conviction for battery domestic violence in Nevada may carry a sentence of up to 5 years in state prison for domestic abuse and a fine of up to $10,000.00.

Penalties for domestic violence in Las Vegas, Nevada can be severe. It is important to seek out professional legal advice to protect your rights. Experienced Las Vegas battery domestic violence lawyer Pat McDonald can advise you of your rights in a domestic abuse case. Contact attorney Pat McDonald directly at 702-280-7715 or pat@wolfsonforyourdefense.com for a free consultation 24/7.

An experienced Las Vegas domestic battery attorney can examine all the details surrounding the incident.

Nevada battery domestic violence law takes all the details surrounding an alleged domestic abuse incident under consideration. An experienced family law attorney can examine the details of the case and provide a compelling defense based on the facts of the case.

There are five crucial details that must be examined in Nevada battery domestic violence law.

1. The Battery Incident: It is important to understand that that the crime of battery only involves using force upon another person. Many people wrongly assume that in order to be charged with battery a person must cause visible, physical harm to another person by hitting them. This is not correct. Slapping or punching another person is definitely battery but so is pushing, shoving, or even grabbing the shirt of another person. Even indirect conduct such as throwing a bottle at a person's car while they are inside the vehicle can be charged as battery. Any use of force or violence against another person can be charged as battery under Nevada law.
2. The Relationship of the Persons Involved: Under Nevada law, a battery incident becomes domestic violence when the people involved are related to each other in some way. It is often mistakenly believed that domestic violence only involves a husband and wife or an ex-husband and ex-wife. While battery domestic violence does include domestic abuse between spouses and ex-spouses, it also encompasses other relationships. Persons who are in or have been in a dating relationship such as abuse between boyfriends and girlfriends or ex-boyfriends and ex-girlfriends is consider domestic violence. Nevada domestic violence law also covers all other members of a family including those related by marriage as well as all persons who live in the same house, including roommates. The domestic violence law in Clark County also specifically protects minor children of any related person as well as the children's current custodians and legal guardians. A battery incident in Clark County is considered domestic violence under Nevada law when any persons domestically related are involved (NRS 33.018).
3. Willful Use of Violence: In Clark County, an incident is charged as battery when it involves "any willful and unlawful use of force or violence upon the person of another," as defined under Nevada law for battery (NRS 200.481). In Las Vegas, the domestic abuse incident must be both willful and unlawful to meet the requirements of the battery domestic violence law. Accidents and unintentional injuries are not considered domestic violence under Nevada law. The accused must have willful intended to use force or violence on the victim to be charged under domestic violence laws in Southern Nevada. An experienced Las Vegas domestic violence attorney can evaluate the circumstances of the incident and present a defense on the grounds that the act was not willful.
4. Past Criminal History of the Accused: In Southern Nevada, the criminal record of the accused determines the penalties under Nevada law for a battery domestic violence conviction (NRS 200.485). If the alleged domestic abuse incident is the first or second offense in a 7 year period, the domestic violence is considered a misdemeanor under Nevada law and the accused may be sentenced to between 2 days and 6 months in county jail and a fine of between $200.00 and $1,000.00. If the alleged domestic abuse incident is the third offense for domestic violence, the domestic battery is considered a felony under Nevada law and the accused may be sentenced to between 1 and 5 years in state prison and a fine of up to $10,000.00 (NRS 193.130).
5. Domestic Battery Involving Strangulation: Under state law in Nevada, strangulation is defined as "intentionally impeding the normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person in a manner that creates a risk of death or substantial bodily harm" (NRS 200.481). If an alleged Las Vegas domestic violence incident involves strangulation, Nevada law mandates the domestic abuse be prosecuted as a felony. Even if this is the first battery domestic arrest for the accused, strangulation results in domestic violence being charged as a felony. Persons convicted of domestic violence with strangulation may be sentenced to between 1 and 5 years in state prison and a fine of up to $15,000.00. If you have been charged with domestic battery with strangulation, it is important to seek the advice of a Southern Nevada family law attorney experienced in domestic violence.

When Nevada law determines a battery incident is domestic violence or domestic abuse.

Under Nevada law, a battery incident in Clark County is considered domestic violence based on the relationship between the persons involved. Domestic abuse in Las Vegas often involves violence against spouses but violence against other people can also be considered domestic violence. Under Nevada domestic violence laws, battery involving people connected in many different ways can be considered domestic abuse (NRS 33.018).

1. Domestic violence against spouses: When most people think about domestic violence in Las Vegas they are thinking about violence between married spouses, especially abuse of a wife. Nevada considers battery to be domestic violence if the persons involved are married to each other or have ever been married to each other. Abuse against wives, husbands, ex-wives, and ex-husbands is considered domestic violence in Clark County. It does not matter how long a couple has been divorced or if one former partner now lives in another state. An incident of battery in the Las Vegas metro area can be prosecuted as domestic violence is former or current spouses are involved.
2. Domestic violence against domestic partners: Under Nevada law, domestic partners are given the same rights, protections and benefits as spouses (NRS 122A.200). If a battery incident in Las Vegas involves persons in a domestic partnership, it can be prosecuted as domestic violence. Nevada domestic violence law would also apply to abuse against a former domestic partner from a terminated domestic partnership. It is not relevant how long the domestic partnership has been terminated or if the former domestic partners no longer live in the same state. Abuse against a former domestic partner in Southern Nevada is domestic violence under Nevada law. Domestic partnership law is a relatively new area of Nevada law. It is important to retain an experienced domestic partnership lawyer to protect your rights.
3. Domestic violence against dating partners: Nevada law defines a dating relationship as, "frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement" (33.018). When a battery incident in Clark County involves person who are or have been in a dating relationship, Nevada law considers it domestic violence. Abuse against girlfriends, boyfriends, ex-girlfriends, and ex-boyfriends can be prosecuted as domestic violence. Nevada law is not concerned with how long a couple has been in a dating relationship. In the case of former dating couples, it does not matter how long the couple dated or how long it has been since the couple stopped dating. Abuse against a current or former dating partner is domestic violence in Las Vegas.
4. Domestic violence against parents: Domestic violence law in Las Vegas considers battery against parents to be domestic abuse. If a son or daughter has committed a battery against a parent it can be prosecuted as domestic violence. It does not matter if the son or daughter is an adult, battery domestic violence in Nevada can involve a grown child abusing a parent. In addition, domestic violence against elderly parents can be considered elder abuse under Nevada law. Domestic violence against parents in Southern Nevada may also involve domestic abuse by minor children against parents. Domestic violence committed by juveniles in Las Vegas is handled by the juvenile court system.
5. Domestic violence against siblings: Violence against siblings is considered domestic abuse under Nevada law. Domestic violence laws in Las Vegas include full blooded brothers and sisters, half-siblings, step-siblings, adopted siblings, and all other children of ones' parents as siblings. Battery against a brother or sister is domestic violence in Nevada. The law does not require that the sibling live in the same household and includes abuse against adult siblings as domestic violence. Domestic abuse against siblings in Las Vegas may also include domestic violence by minor children against siblings. Crimes committed by minor children are handled by the juvenile justice system.
6. Domestic violence against in-laws: In Clark County, domestic violence laws include battery involving people related by marriage. This includes violence against the parents, siblings, or other family members of a spouse. A battery incident in Las Vegas involving any person related by marriage is considered domestic violence.
7. Domestic violence against other family members: A battery committed in Las Vegas against any person related by blood is considered domestic violence under Nevada law. This includes people outside the immediate family such as aunts, uncles, cousins, nieces, nephews, as well as all other blood relations. It is not necessary for blood relatives to live in the same residence. Any violence involving persons related by blood is domestic abuse under the law in Southern Nevada.
8. Domestic violence against roommates: One of the least understood aspects of Nevada domestic violence law is the provision that a battery between any persons who live in the same residence or have ever lived in the same residence is considered domestic abuse in Las Vegas. This includes friends, associates, roommates, and other persons who live together but are not related by blood or marriage. Consider an example; a man has a home in Henderson. He allows his sister and her boyfriend to live in the house. A fighter breaks out between the man and the sister's boyfriend. Since they both live in the same house, the incident would be considered domestic violence in Henderson. Any violence involving people who live together is considered domestic violence in Nevada.
9. Domestic violence against parents of a minor child: In some circumstances, two people may only be related through a minor child. For instance, a man living in Boulder City may have fathered a child with a woman who lives in North Las Vegas. The man and woman may have never been married, never lived together, and never even been in a dating relationship. Still if a battery incident occurred in Boulder City or North Las Vegas between the man and woman, it would be considered domestic violence in Nevada. Violence involving persons who have a child in common is domestic abuse in Las Vegas.
10. Domestic violence against the guardian of a minor child: There may be circumstances in which a minor child is placed in the custody of a legal guardian or custodian. While the guardian may not be related by blood or marriage, any violence against the guardian by a relative of the child is considered domestic violence under Nevada law. Domestic abuse laws in Las Vegas specifically define battery against a legal guardian as domestic violence.
11. Domestic violence against a minor child: Nevada law defines battery against a person's own minor child as domestic violence. As well, abuse against the minor child of any person already covered under the domestic violence laws in Las Vegas is also considered domestic violence. This includes the minor child of a spouse, dating partner, or roommate. As well, additional criminal laws may apply in a situation involving the battery of a minor child in Clark County. If you have been charges with battery domestic violence against a minor child you need an experienced criminal family attorney.
12. Domestic violence against the elderly and elder abuse: Domestic violence in Las Vegas may involve abuse against the elderly. Nevada law has specific provisions against elder abuse. If you have been charged with domestic violence against an elderly person, you need an experienced Las Vegas criminal family law attorney. Contact experienced Clark County family law lawyer Pat McDonald today.
13. Domestic violence committed by juveniles: In Clark County, domestic violence may involve abuse committed by juveniles. Minors charged with domestic violence will be prosecuted through the Nevada juvenile justice system. If your minor child has been charged with domestic violence it is important to retain an experienced juvenile criminal attorney. Contact experienced juvenile lawyer Pat McDonald today.

If you or anyone you care about has been arrested or will soon be arrested for Battery Domestic Violence, contact Pat McDonald immediately at 702.280.7715 or pat@lvbestdefense.com.