Are you being accused of Domestic Violence in Las Vegas?

Thank you for visiting My Las Vegas Domestic Violence Attorney.  We will attempt to give you as much information about domestic violence in Las Vegas as possible on this site.  Additionally, you can visit our “Why hire us” page to see what separates us from the other domestic violence lawyers in and around Las Vegas.

Are you a victim of domestic violence or have you been accused of domestic violence?  If the answer is yes, you need the help of our attorneys at the Domestic Violence Law Offices of “insert attorney name”.  We offer personal attention to your needs and we will protect your rights.  We will help you get through this so you can think about a clear, bright tomorrow.

Overview:

• Domestic Violence is a serious crime in Las Vegas.

• Domestic Violence is an act that occurs between two people in an intimate relationship.

• An act is defined as pushing, shoving, even hair pulling.
• A relationship is defined as married people, dating partners, blood relatives.

• Sometimes weapons are used and property is damaged or destroyed.

Next Steps

• Under Nevada law, the Office of the City Attorney must file charges if:
  • When the police receive a domestic violence call:
  • The officer believes a battery has been committed, a report will be made.
  • The officer believes there is probable cause that a crime has been committed, you will be arrested within 24 hours.
  • You will spend a minimum of 12 hours in jail before being released.
• A first offense is a misdemeanor but if it happens again, the crime will be charged as a felony.

• You can lose custody of your children for a misdemeanor conviction because Nevada law believes you are unfit to be the primary custodian for your children.

• If you violate your protective order, destroy private property, stalk or harass someone, the police officer will report this to the Las Vegas Police Department Domestic Violence detectives for possible prosecution.

• Under Federal law, you will not be able to carry a firearm.

• If you are a police officer or in the military, you will probably lose your job.
  

Penalties/Consequences
This conviction will stay with you for life.

Misdemeanor

• Definition

• Didn’t involve knife or gun; no permanent damage to you.

• Assault - Intentionally creating fear to another person of bodily harm
• Battery – Any unlawful use of force on another person

• A misdemeanor will show up in a background check for a job, loan, etc.

• If you are sentenced for a misdemeanor, you will
• face jail – up to 6 months
• probation
• with jail - could be house arrest or weekends in a private jail
• without jail – less severe offenses
• fines – up to $1,000
• restitution – court can order you to pay financial compensation to the victim
• Stay-Away Order – court will order you to have no contact with victim
• community service – up to 120 hours
• supervised anger management classes or counseling

• A misdemeanor trial is conducted in front of a judge – without a jury.

• Prosecuted by the City Attorney’s office.

• In the 7 years that follows, if you are convicted
• a second time, you will face 10 days in jail
• a third time, you will go to prison for 1 to 5 years

Felony

• Batteries that occur with weapons, such as knives, guns.
• When arrested for a felony charge - must appear before a judge within 72 hours.
• A hearing will be set within 15 days.
• Has a prison sentence of 1 year or more.
• It is more severe than a misdemeanor or gross misdemeanor.
• Felony charges range from Category A through Category E
• Category A - Life imprisonment or death
• Category E -  1 to 4 years in prison

What happens in court?

• If you receive a subpoena, you have to appear in court to testify.

• Arraignment

• When you are informed of the charges against you.
• A second court date is then scheduled.

• Pretrial Conference

• You can appear in court with your attorney if you want to – not required.
• Prosecutor recommends sentence.
• This is when you have a chance to change your plea to guilty, etc.
• If you refuse the prosecutor’s offer, a trial date will be set.
• If you plead guilty, there will be no trial.

• Trial

• Held in the Las Vegas Municipal Court in front of a judge without a jury.
• All evidence will be presented and the judge will make his decision.

• Sentencing

• If you are found guilty, the judge will decide the sentence using the guidelines established by Nevada Revised Statute (NRS).
• The sentence will include jail, community service, counseling and fines.
• First and second offenses are misdemeanors.
• Three or more are considered felonies.

• Dropping the charges

• City Attorney office policy and NRS prohibit the dismissal of any and all charges unless the crime is unable to be proved.

Orders of Protection

• A temporary restraining order (TRO) can affect your custody and visitation rights.
• A protective order will be issued by the judge.
• It will put a wall around you and not allow your spouse to get close to you.
• It will keep your spouse a distance of between 100 and 500 feet.
• It protects you and your family.
• If your spouse violates it, he will be arrested.

Victim - Have a Safety Plan

• If you are being abused or attacked, do not enter a room without an exit to the street door.
• Don’t go into the kitchen; knives there.
• Make up a code word and if this word is spoken, your friends will know to call the police.
• Have a suitcase packed with money, keys, important papers and personal items.  Keep it hidden or at a friend’s house.
• Once alone, change your phone number; get caller ID, change the locks and secure the windows.
• Keeps a detailed record of any assaults or threats.
• There is help in Las Vegas:
• Victims Services: 3010 W. Charleston, #120, Las Vegas, 702-229-2955
• Victim Witness Advocate: 702-229-2525 – Monday through Friday 8a.m. to 5p.m.
• S.A.F.E. House 24-Hour Hotline: 702-564-3227
• National Domestic Violence Hotline: 800-799-SAFE (7233).

Conclusion
Remember, physical violence increases in frequency and level over time.  No one should put up with behavior like this.  Call us immediately at the Domestic Violence Law Offices of “insert attorney name” because we take the time to listen.