Las Vegas Domestic Violence Defense Lawyers

Domestic violence may be a confrontation between family members, people in a romantic relationship, spouses, ex-spouses, or people who live together. Particular circumstances may result in a person facing domestic violence charges in Las Vegas, NV. Understanding these and how they may affect you will offer you an advantage in approaching your case properly and seeking a positive outcome. If you are charged with domestic violence, contact our team of domestic violence lawyers in Las Vegas today and take a few minutes to review the information on our website.

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Types of Domestic Violence Abuse

A loud argument may have spurred the neighbors to call the Las Vegas police, resulting in a domestic violence arrest when no physical violence occurred. The “victim” may have filed charges or restraining orders against you based entirely on false accusations. A Las Vegas domestic battery lawyer knows an accusation may be waged in the instance that an altercation occurs and may include any acts of:

• Physical abuse: Including hitting, punching, slapping, pushing, shoving, choking, biting, etc.
• Verbal abuse: Including threats to commit physical harm & demeaning/derogatory language
• Sexual abuse: Including any instances of unwanted sexual contact, even between spouses
• Emotional abuse: Including intimidation, isolation, controlling behavior, etc.

You could be charged with a domestic violence offense in the following circumstances:

• Law enforcement may be called to the scene of an alleged domestic dispute.
• If the officers believe domestic violence was committed, they must make a police report for the incident. They must also arrest the alleged abuser within 24 hours of the incident.
• The person arrested must spend at least 12 hours in jail before he or she can be released.
• If law enforcement cannot arrest within 24 hours, they will submit specific paperwork to Las Vegas.

Metropolitan Police Department (LVMPD) Domestic Violence Unit, where detectives will review the evidence and police report to determine whether to submit the prosecution case.

LVMPD Domestic Violence Unit detectives may also investigate reports of alleged violations of protective orders, stalking, harassment, or destruction of private property.

Misdemeanor vs. Felony Domestic Violence Charges

Generally, a defendant will face misdemeanor domestic violence charges for battery committed without the use of a deadly weapon or when the injuries are not severe or permanent. The maximum penalties for misdemeanor domestic violence include up to 180 days in county jail and/or a fine of up to $1,000. The City Attorney’s Office prosecutes misdemeanor domestic violence charges; the Clark County District Attorney’s Office prosecutes felony charges.

Have you been arrested for domestic abuse?

Domestic violence allegations can affect your freedom, family, rights, and future. If you are convicted of this serious criminal offense, you may face imprisonment in a county or state prison and heavy fines, probation, community service, and other penalties. The alleged victim may also request a restraining order against you, prohibiting you from contacting or coming within a certain distance of the victim and possibly your children. You may lose custody of your children, and your visitation rights may be revoked or suspended.

Get information regarding penalties that may be imposed, what defenses may apply, the different types of related offenses, and how one of our domestic violence lawyers in Las Vegas can help by reading below:

• A “Victim” Can’t Drop Charges: In many cases, when a victim wishes to drop charges against the alleged attacker, the prosecution may not cease to prosecute the case. They may continue prosecuting the case against the victim’s wishes for many reasons, especially if they believe the victim is retracting for fear.
• Battery: Have you been charged with a battery? Battery is the unlawful act of threatening to abuse or abuse an individual who lives in your home or a family member. For a person to face battery charges, the physical act of violence does not have to inflict serious harm on the victim; the victim must feel threatened and understand that they can become seriously injured if the violent act is carried out.
• Child Abuse: The abuse of a child is a frightening concept to grasp, but it does happen daily. However, suppose you are accused of abusing your child physically, sexually, or emotionally. In that case, you may be in serious trouble and will require the assistance of a domestic violence attorney in Las Vegas.
• Child Neglect: Neglecting a child is defined as failing to pay the necessary attention the child deserves. It can include abandoning a child, failing to provide a child with shelter, care, or medical treatment, or providing inadequate supervision. These types of accusations are severe, and maximum penalties will be sought, including losing custody of your child.
• Consequences of Conviction: Facing a criminal conviction is devastating, especially if it involves the abuse or assault of a family member. Not only will a person be forced to deal with the criminal consequences, but they will also have to face embarrassment and personal repercussions within the community.
• Disorderly Conduct: Disorderly conduct is often confusing because some may not understand that they have acted out of line according to the law. Disorderly conduct is defined as provoking or challenging another in a fight, using profanity to address another person, or breaching the peace in some way.
• Domestic Violence Penalties: The penalties associated with domestic violence charges may vary drastically, from imprisonment to fines to community service. Charged as a misdemeanor or a felony offense, depending on the circumstances of the case, this offense will also have ramifications for a person within the community and in their personal life.
• Elder Abuse: Elder abuse takes on many different forms. Any action that results in physical or mental pain could lead to a conviction. Heavy fines and time in state prison are just some of the penalties, and they can be classified as misdemeanors or felonies.
• Fight Your Charges: Fighting a domestic violence case may appear difficult, with the victim’s word against yours, but it is not impossible. During a jury trial, the jury tends to feel sympathetic for the victim, generally siding with this person and fighting to convict the alleged attacker. As such, having the most aggressive and experienced defense is necessary.
• Harassment: Harassment is defined as making threats of harming a person, making this person fear for their safety. This can include threats of bodily injury, property damage, physical confinement, or an act that may cause mental harm and must be threatened against a family member or a loved one.
• Kidnapping: While a kidnapping charge is a serious federal offense that can result in lifelong consequences, it is often the misunderstanding between two ex-spouses or a heated child custody battle in which a parent is seeking sole custody with no visitation for their child.
• Spousal Abuse: Abusing or harming one’s spouse is not only looked down upon in society but can also bring severe criminal consequences and penalties for a convicted person. Spousal abuse can come from physical, emotional, and sexual abuse.
• Stalking: Stalking is defined as willfully engaging in conduct that may cause a victim to feel fear, terror, or intimidation. If the victim feels unsafe or their family may be harmed, they may call the police and file a report against the alleged stalker.
• Temporary Protective Orders: After an alleged act of abuse occurs, a victim may be concerned about the future and if they will be attacked again. In hopes of preventing a future attack, they obtain a temporary restraining order in the attacker’s name, which can have detrimental effects on the attacker’s personal and professional life.
• Trespassing: Criminal trespassing is the act of unlawfully entering another’s property to harass the property owner or commit a crime. It can also include a person entering another’s property after being told they are no longer allowed to enter.
• Violations of Protective Orders: A protective order is placed against an individual when another feels threatened or has already been harmed by the alleged attacker. Some individuals are unaware that a protective order is against them and may violate the rules if they visit the victim, even if it is to make amends.

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Effective Criminal Defense in Nevada

There are three primary grounds upon which a successful defense against domestic violence charges may be built. If you choose to enlist an experienced and knowledgeable Las Vegas domestic battery lawyer at De Castroverde Law Group, we can review your case to determine legal, evidentiary, and procedural defenses that may apply, as well as these three factors that may indicate false allegations:

• Self-defense – If you used reasonable force against another person because you had a valid reason to believe this was necessary to protect yourself from injury, you were acting in self-defense. This may be a valid defense against your charges.
• False accusations – Your spouse, ex-spouse, or family member may have falsely accused you of domestic violence for anger, jealousy, or revenge, or even in a child custody dispute or divorce to gain an advantage over you. Bringing this to light may help ensure these frivolous charges are dropped.
• Accidental injury – There are cases where a defendant accidentally injured another person, only to have this result in domestic violence charges. If the damage was unintentional, this might be grounds for dismissing your case.

Although false accusations may be waged against an innocent party by a bitter or spiteful spouse, the defendant must be able to defend themselves against these charges adequately. A conviction of domestic abuse charges can bring lifelong consequences, including the stigma of being labeled a “batterer,” difficulty finding future employment, and possible loss of custody.

Do I need to hire a Las Vegas Domestic Violence Defense Lawyer?

Why should you involve an attorney to handle your domestic violence charges? Whether formal charges have been filed against you at this point, you will be in danger of harsh criminal penalties and other severe consequences if you are eventually found guilty of domestic violence. Nevada, like all states, has adopted aggressive, unrelenting tactics in investigating and prosecuting those accused of domestic abuse. A skilled Las Vegas criminal defense attorney may be your only defense against a bleak future.

If you are accused of domestic violence, there are several serious situations you will have to deal with. The alleged victim may seek a temporary protective order without your knowledge or even allow you to defend yourself until the order has been issued. This may temporarily prohibit you from contacting or even within a certain distance of the alleged victim or any children you share with the victim. If convicted, you may be in danger of arrest and face imprisonment, fines, community service, counseling, and probation.

The Benefits of Skilled Representation

An experienced domestic violence lawyer in Las Vegas can help you in the face of a temporary protective order and can work to ensure that an extended protective order is not put in place. An attorney at our Criminal Defense & Immigration Law Firm in Las Vegas can also get to work immediately in defending your legal rights in criminal court, building a compelling case that will help you avoid a conviction for a misdemeanor or felony offense of this kind.