Abuse, exploitation or isolation of older persons Part 2: Where to report

Attorney Ross Goodman 520 S 4th St, Las Vegas, NV 89101 Phone: (702) 383 – 5088 Fax: (702) 385 – 5088

(Image from a youtube video – “An Age for Justice: Confronting Elderly Abuse in America” by Witness)

Part one of this blog can be found on our main website.

If a person knows that an elderly person is being abused or exploited, he or she is required to submit a report to the local authorities. A report must be submitted to the following agencies, within 24 hours after the person found out about the incident.

•  Police department
• Sheriff’s office
• Department of Health and Human Services
• County’s office for protective services

The person listed below are “mandated” by the law to report incidents of domestic violence and abuse of elderly persons.

• People who work in a medical field such as physicians, dentists, optometrists, nurses, psychiatrist, psychologists, drug abuse counselors, athletic trainers, medical technicians, clinical social workers and more.
• All hospital personnel or similar institutions
• Coroners
• All the employees of the Department of Health and Services
• All employees of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer
• All employees of a facility that provides care for the elderly
• Social workers
• Any person who is employed by the funeral homes or mortuary
• Employees or volunteers of an agency that provides counseling regarding abuse, neglect, isolation and exploitation of an elderly.

If a person knows that an elderly person died because of domestic violence, he should report the case to a certified coroner or medical examiner. The coroner or medical examiner would submit a report to the local law enforcement agency, prosecutor’s office, and to the Department of Health and Services for investigation.

Penalties

• Any person who failed to submit a report for the abuse or exploitation of an elderly within 24 hours will be charged with a misdemeanor. This is punishable by imprisonment of up to 6 months, or a fine of up to $1,000, or both. Community service can also be required in lieu of the jail time.

Facing Domestic Violence Charges? Hire Attorney Ross C. Goodman!

If you know someone who is facing domestic violence charges, then it is of utmost importance to recommend to him a prominent domestic violence attorney in Las Vegas  like Attorney Ross C. Goodman. He has been defending domestic violence cases for decades. His experience and knowledge of the law is vast. He offers free legal consultations for domestic violence charges. Call his office at (702) 383 – 5088 to learn more.

Domestic Violence and Child Abuse Part 1: Definition

According to Nevada Revised Statues (NRS 200.508), child abuse is defined as “willfully causing a child who is less than 18 years of age to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect, or to be placed in a situation where the child may suffer physical pain and mental suffering as the result of abuse or neglect”

Let us discuss the clauses in the definition individually for you to understand child abuse in Las Vegas better.

·         “Willfully” causing a child who is under 18 years old to suffer.

Child abuse is done with “intent”. If there is no intent, (e.g. if the person is declared insane) it cannot be classified as child abuse. A person is considered a child if his or her age is below 18 years old.

·         Suffer “unjustifiable physical pain or mental suffering”

Examples of unjustifiable physical pain include the following:

o   Hitting

o   Punching

o   Kicking

o   Hair pulling

o   Burning

o   Slapping

Actions that are considered to cause unjustifiable mental suffering are those that can cause long-term damage to a child’s self-esteem. Here are some examples:

o   Ridiculing

o   Humiliating

o   Threats

o   Intimidation

o   Yelling

·         As a result of “Abuse” or “Neglect”.

Abuse is the intentional causing of physical and emotional pain, examples are listed above. Neglect is the failure to perform his or her legal duties to the child/ren – such as the duties of a parent, caretaker, babysitter, nurse, etc. Some examples of neglect are:

o   Unintentionally starving the child.

o   Failure to provide appropriate medical care.

o   Failure to provide the right clothes for the current weather.

o   Not providing emotional support, making the child feel that he or she is not part of the family.

·         Placed in a situation where the child may suffer physically and mentally. This also called “criminal endangerment”.

o   Leaving the child in a dangerous place. (i.e. roadside, near dangerous stuffs that the child can reach)

o   Leaving the child inside a running car.

o   Reckless driving (if the child is also in the vehicle).

o   Unintentionally pushing the child onto a ledge.

Are you charged with Domestic Violence by Child Abuse?

If you are charged with child neglect, child endangerment or any kind of Domestic Violence by Child Abuse, consult a top-notch domestic abuse lawyer in Las Vegas like Ross C. Goodman. He has represented hundreds of Domestic Violence Cases that ended up with amazing results. Contact his office for more information. His legal consultations are free of charge.

Attorney Ross Goodman

520 S 4th St,

Las Vegas, NV 89101

Phone: (702) 383 – 5088

Fax: (702) 385 – 5088

Domestic Violence: Signs of Abuse

There are certain behaviors that can help a person foresee a possible domestic violence incident. Here are some of them:

Signs and Chances of Abuse

·         Constant Threats

Threats can come in many forms. It can be done online using various social media sites. It can be verbal like saying “I will slap you if you won’t do this or that”, etc. It can also be indirect like deliberately breaking things in the house or calling your boss, friends, family, etc.

·         Restricting access to resources

The abuser may restrict you to access your resources in order to control the relationship. This can be done by: forcefully taking the car keys, credit cards, bank books, smartphones, limiting the use of computers, changing the wifi password or deliberately unplugging the wifi modem, controlling the groceries, and more.

·         Animal Cruelty

If the abuser is constantly shouting at the pets, getting irritated by them, or directly hurting them – either through kicking or slapping. There is a chance that the abuser may direct his animal cruelty onto his partner.

·         Sensitiveness

Possible abusers can be hypersensitive. They may be ultra-conscious of his or her surrounding, on what is currently happening or to whom his or her partner is maintaining contact with. The abuser may constantly feel that he or she is being personally attacked.

·         Jealousy

Jealousy is co-related with sensitiveness. The abuser may monitor whom his or her partner is talking to, what his or her partner is currently doing, constantly accuse the partner of flirting and use it as a reason for the battery, or restrict the partner to hangout with friends or relatives.

Accused of Domestic Violence? Hire the best Domestic Violence Attorney!

We can’t blame all the people accused of Domestic Violence. Abuse may be just the effect of their past experiences or failures. If you know someone who is accused of domestic violence, ask him to immediately consult with Ross Goodman, a domestic violence lawyer in Las Vegas.  He has decades of experience handling domestic violence cases. He can give you a second chance. It’s never too late to change. Contact or visit his office now for free legal consultation. His contact details are provided below:

Attorney Ross Goodman

520 S 4th St,

Las Vegas, NV 89101

Phone: (702) 383 – 5088

Fax: (702) 385 – 5088

Order For Protection Against Domestic Violence

There are times when the physical abuse is grave that a protection order is already needed.

A protection order requires the offender to:

·         Stay away from the victim’s home, office, school, workplace, or any place designated by the court.

·         Follow the additional restrictions set by the court such as staying away from the victim’s children, maintaining a distance of 100ft from the victim, etc.

Requirements before granting a protection order

• The person must be 18 years old or more. If not, a guardian who is 18 years old or more must apply for the minor’s protection order.
•   The court may require the person and the offender to attend a hearing.
• The person must be proven to be a victim of domestic violence.

Having a domestic violence lawyer is not mandatory for the application. However, an attorney can provide the victim with legal advises, can assist in the filing the protection order and can appear at court hearings.

How long does the protection order last?

• A Temporary Protection Order expires after 30 days from the date of issuance. If the Protection Order is not served 30 days after the issuance, it would still expire.
• An Extended Protection Order would expire exactly 1 year after the Judge signed the order.

Note: If the person wants to apply for an extended protection order, it cannot be granted once the temporary protection order has already expired. Consult with your domestic violence attorney for more details.

Penalties for Violating Court Protection Order

• Any person who violates the Temporary Protection Order will be charged with Gross misdemeanor. It is punishable with a possible jail time of 1 year, plus fines of not more than $2,000.
• Any person who violates the Extended Protection Order would be charged with a Category C Felony. It is punishable with imprisonment between 1 year to 5 years, plus fines of up to $10,000.

How do I counter petition a Protection Order charged against me?

There are 3 ways to counter a protection order.

•  File a Motion to Dissolve the protection order

If the court granted the motion, it would immediately void the protection order charged against you.

•  File a Motion to Modify the protection order

This motion would modify the rules set in the protection order. You may file this motion if you think the rules are too grave or burdensome. E.g. Maintaining a distance of 100 feet away from the victim, prohibiting the person to communicate with the children, etc.

• Appeal for extended order for protection

The appeal can be filed after the extended order for protection has been issued.

Consult with an experienced criminal defense lawyer like Attorney Ross C. Goodman for legal advises regarding the Order for Protection. Attorney Ross C. Goodman has decades of experience in defending domestic violence cases.  Contact his office using the details below:

Attorney Ross Goodman

520 S 4th St,

Las Vegas, NV 89101

Phone: (702) 383 – 5088

Fax: (702) 385 – 5088

Domestic Violence an In-depth Explanation Part 4-B: Stalking as harassment

Attorney Ross Goodman

520 S 4th St,

Las Vegas, NV 89101

Phone: (702) 383 – 5088

Fax: (702) 385 – 5088

Stalking is an Indirect Form of Domestic Violence. A person who commits stalking in relation to domestic violence is liable to the law.

Legal Definition

According to NRS 200.575, stalking is defined as “a person who, without lawful authority,  willfully or maliciously engage in an action that would cause the other person to feel intimidated, frightened, harassed or fearful of his/her safety or of his/her family”.

Let us try to break down the law:

• A person without lawful authority – Without lawful authority means any person who does not have a consent from the victim, court orders or legal documents to back-up his or her actions.

• Willfully or maliciously engage in an action – An action cannot be considered as stalking if there is no “intent”. It can be done “unintentionally” if the person has mental-illness or undergoing medication that hinders the ability to think properly.

• An action that causes any other person to feel intimidated, frightened, harassed, or fearful – This means “any” action that causes or aims to intimidate, frighten or harass the other person may constitute as Stalking. It can be physical, mental, emotional or spiritual.

Example of actions that can constitute as Stalking

• Damaging, destroying, or breaking the victim’s personal belongings.
• Sending multiple threat messages via emails, SMS or social networking sites.
• Spreading lies about the victim via word-of-mouth or through the internet.
• Intentionally following the victim to his/her home, office, school, cafes, etc.
• Obtaining information about the victim through the internet, public records, neighbors, relatives, the victim’s home, office, school, etc.
• Monitoring the victim’s action by secretly placing CCTV cameras.

Penalties

The penalties of Stalking can be grave. It ranges from misdemeanor up to a Felony charge.

Here are the corresponding penalties according to our law:

Offense	Charge	Jail Time	Fines
1st offense	Misdemeanor	Up to 6 months, or community service	Not more than $1,000
Subsequent offense (2nd, 3rd, 4th,…..)	Gross Misdemeanor	Up to 1 year	Not more than $2,000
Stalking via Internet, Social Networking Site, E-mail, SMS.	Category C Felony	Between 1 year to 5 years.	Not more than $10,000

If you know someone who is charged with Stalking, ask him to consult a domestic violence attorney in Las Vegas like Ross C. Goodman. He can provide legal services that can help turn the case in the client’s favor. Goodman has been defending Domestic Violence Cases for decades. He provides free consultations. Contact his office at (702) 383 – 5088. 

The Cycle of Abuse in Relation to Domestic Violence

Attorney Ross Goodman
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088

Lenore E. Walker, an American psychologist, developed a social cycle theory in 1979 that includes the cycle of abuse. An entire cycle could happen in just a period of 24 hours, a week or a month. Walker interviewed people subject to domestic violence and found out that there is a similar pattern among victims. Here is the proposed cycle of abuse.

•  Tension Building

The tension between couples usually builds up due to different domestic issues such as financial matter, parental responsibilities, time for each other, etc. During this stage, the abuser (whether it is the man or the woman) tends to be more irritated and vulnerable than the other. The victim feels the need to concede the abuser’s emotion to minimize the tension. The communication starts to break down and the tension continues.

•   Incident

When the tension reaches its boiling point, violence will take place. Violence results to different forms of abuse such as physical, emotional and sexual abuse. In this stage, the abuser dominates his/her partner with the use of violence. The abuser may also make threats of future violence against the victim.

•   Reconciliation

This is also known as ‘honeymoon’ stage wherein the abuser suddenly changes his/her behavior. He/she tends to feel remorse and guilt. The abuser apologizes to the victim and asks for his/her forgiveness while the victim feels disrespected and humiliated. This serves to be the last stage for most cases like repetitive violence.

•  Calm

When the victim decided to forgive the abuser, then this stage will take place. It seems like violence didn’t happen at all. The relationship between two parties will be at peace. The sad thing is that, when another problem or argument comes in, the cycle will start all over again from tension.

The cycle of abuse proposed by Walker doesn’t apply to everyone’s abusive relationship. However, this is widely used in domestic violence programs particularly in the United States. The cycle may happen a hundred times in a relationship. One total cycle may take longer than expected. Each stage may vary in a certain amount of time and may also be skipped for some reasons.

Every person deserves a second chance. If you have been charged with domestic violence, contact a prominent domestic violence attorney like Ross Goodman. He can help you convince the court to dismiss the case or at least lessen the penalties.

Call Goodman Law Group, P. C. at (702) 383-5088 for a free consultation.