Domestic violence and battery laws in Nevada are complex and difficult to understand, and when defending against these charges, it is important to have an attorney who understands them. Because of the inherent complexity of domestic violence and battery laws in Nevada, it can be overwhelming trying to understand the intricacies of a defense when charged with violating these laws.
The definition of DBV is fairly straightforward. Domestic violence is considered to be a violent interaction that occurs between members of the same family, people who are living together, or people who are dating. It can occur between a father and his child, a mother and her child, an adult child and older parent, but the most frequent occurrence is between a man and a woman who reside in the same home, regardless of whether or not they are married. DBV occasionally involves weapons or damage to possessions, but this is not always the case.
The person accused of allegedly breaking laws regulating domestic battery
or violence in Nevada has a criminal complaint filed against them by a
city attorney for the following reasons:
• A policeman responding to the scene where the alleged DBV took place believed that the crime was committed
• If the police believe that DBV has occurred at the scene they are visiting, they will make a report, and attempt to arrest the person who is accused of the DBV within 24 hours of when the incident was said to have taken place. After being arrested, the accused person must spend at least 12 hours in jail before being released.
• If the police cannot arrest the person accused of the battery, they will provide paperwork to police detectives who will determine if the reports and any relevant evidence warrant the case to be submitted for prosecution
• Other evidence that can be submitted includes other police reports such as: stalking, destroying another person’s property, or a violation of a court order, such as a restraining order.
These criteria allows charges to be filed against someone accused of breaking domestic violence and battery laws.
The distinction between felony DBV and misdemeanor DBV is simple: if the assault did not involve a weapon, and the injuries that were allegedly caused by someone accused of DBV are not permanent, the crime is then considered a misdemeanor. On the other hand, if a weapon is used, or a serious injury occurs, then it is considered a felony.
Domestic violence and battery laws in Nevada are intricate and require a professional to understand them. It should be noted that the person who accused someone of breaking domestic violence and battery laws in Nevada cannot drop the charges against that person. If the police believe DBV laws were broken, the only way to get out of the charge is by proving that the person accused is not guilty. Attempting to prove innocence without an experienced domestic battery attorney is a recipe for failure. When a situation boils down to one person’s word against another’s, an attorney is required in order to make sure that the courts consider and decide on the situation fairly.
If you, or someone you know has been accused of violating domestic violence and battery laws in Nevada, Ace Law Group can help. Ace Law Group has been extremely successful fighting DBV cases, and offers you the best chance of success. Don’t go undefended, contact Ace Law Group.