Four Factors that Constitute Child Abuse

 

Parents have the right and obligation to instill discipline in their children, especially when they are acting out of line. In many instances, this may involve a heart-to-heart talk detailing where the children are wrong and teaching them how to act right. For more old-fashioned families, however, parents may result to corporal punishment to get their message across.

Of course, an excess of anything can turn bad really quickly. In this case, going too far with the punishments may lead to the act qualifying as child abuse and can potentially leave the parent open to a criminal charge. For that to happen, however, at least four factors must be put into consideration.

Significant Harm

Corporal punishment often leads to some sort of injury, like light bruising after a spanking or pinching. However, if the disciplining act leads to even more serious wounds, it can qualify as an act of abuse. For example, lightly spanking a child for misbehavior may not inflict lasting effects; however, repeated hitting, or using other implements like a leather belt, can cause serious long-term injury. Certain physical methods automatically count as abuse, such as punching or kicking a child.

Stress

Excessively forceful child discipline not only affects them physically; it also hurts them mentally and emotionally. Prosecutors would definitely consider a case to be abuse-related if the child shows signs of post-traumatic stress, is increasingly withdrawn or antisocial, is increasingly aggressive, or is reported to be suffering repeated episodes of night terrors and bed-wetting after the alleged abuse. If the prosecution can find a direct link between the alleged abuse and the child’s current mental and emotional state, it can be more difficult for the parent to defend their case in court.

The Child’s Age

A victim’s age can be a significant factor in determining the severity of a person’s crime. In the case of child abuse, acting heavy-handed against someone who is basically a toddler constitutes a serious charge. In general, the younger the child, the heavier the alleged crime; this could be considered worse if the abuse has been happening for years.

Possible Sexual Assault

Corporal punishment involves physical contact. However, some disciplining acts may leave the child vulnerable to sexual exploitation. For example, instances of spanking might have episodes of inappropriate touching. If the prosecution finds evidence of such incidents, they can easily escalate the charge by adding charges for sex crimes.

Any one of these factors can be enough to put you up against a serious domestic violence or child abuse charge in Las Vegas. Thankfully, you can defend yourself with veteran help. Get in touch with reliable defense attorneys to help you deal with your case.

Consequences of a Restraining Order in Las Vegas

 

People file restraining orders in Las Vegas for a variety of reasons. In many cases, it is often a preemptive measure to protect the plaintiff and/or their extended family from dealing with intrusive individuals. More commonly, it is used in the face of perceived or real life threats to the plaintiff. Lastly, it is mostly used to keep a spouse away from the children while divorce proceedings are underway.

Some defendants facing a restraining order in Las Vegas may be dismissive about their situation and see it only as a minor inconvenience. After all, the initial order only covers a brief period and the extended period may be long or short depending on the results of the hearing. However, the consequences of an extended restraining order can be more dire than they seem.

Domestic Changes

Restraining orders often require both parties to be far away from each other. The distance can be anywhere between being in the same room to being in the same state. If the plaintiff is your spouse, chances are you share the same abode; receiving the restraining order means you will have to vacate your home for the duration that the order is in effect.

You not only stand to lose your own home when you receive a restraining order. You can also expect to be barred from seeing your children throughout the whole period. If you happen to be very involved in raising your children, receiving a restraining order can put a serious strain on your relationship with them.

Consequences with the Larger Family

Restraining orders often involve not just the immediate parties involved, but their respective extended families as well. A restraining order on your legal record can be used against you in a future family law charge that can be brought against you. For example, a restraining order on your record can cast a shadow on any future inheritance disputes.

You also need to remember that restraining orders are inherently tied to divorce proceedings and child support issues. One of the conditions stipulated in a restraining order may require the adverse party to continue providing financial support. If the order is still in effect even after the custodial parent has remarried, the adverse party is still required to pay, even if they still cannot communicate with their child directly.

Other Legal Effects

One must note that restraining orders don’t just have an effect on domestic issues; they also branch out to other aspects of a person’s life. A restraining order is pretty difficult to expunge from your legal records, and can affect your prospects far into the future. For example, it can bar you from getting better employment and educational opportunities, if not outright preventing you from getting either in the first place.

In addition, having a restraining order on your record can affect your eligibility to purchase and own guns in Nevada. Going back to the point about the difficulty of expunging this on your legal record, it may take a while before you can own a firearm. If you already owned firearms prior to the restraining order, it will make it harder for you to regain your guns.

You must not disregard the dire effects of a restraining order on your personal and professional life. Deal with it promptly and effectively with the help of a veteran defense attorney.

Why Anger Management Does not Always Prevent Domestic Violence in Las Vegas

 When it comes to family issues, domestic violence incidents tend to branch out from simple situations into complicated cases. As such, many of the solutions suggested by people studying such cases involve dealing with the possible root causes of the issue to prevent things from escalating further. One of these offered solutions is anger management.

While it is true that domestic abuse cases involve a host of strong emotions both during and after the alleged act, they aren’t always part of the core issues in all cases. Anger management may only work with what’s on the surface and fail to correct the underlying problems related to the domestic abuse case. Let’s look at why anger management does not always prevent domestic violence in Las Vegas.

Why Anger Management?

Before we go further, let’s look at why anger management seems to be a go-to solution for incidents of domestic violence. As listed in some corrective service guidelines, convicted domestic violence offenders are expected to spend time in an anger management program to help deal with their emotional issues. It could either be a full-blown program in lieu of prison time, or part of the prison sentence is suspended in exchange for a house arrest and a visit to a staggered anger management course.

The intent is pretty straightforward: by learning to control their emotions, it is hoped that domestic abuse offenders will be able to better handle family problems and avoid resorting to violence in the long run. The long-term aim is to teach the offender to use other methods to deal with issues and conflicts at home.

So, Why Does It Not Work?

One of the common misconceptions about domestic violence among people not familiar with the subject is that anger alone drives domestic abusers to commit these acts. They think that by simply being able to have a handle on emotional outbursts, particularly those episodes of extreme rage and anxiety, they can minimize, if not outright avoid, a repeat of domestic abuse incidents in the future.

This belief is one of the misconceptions that domestic abuse advocates often refute. They always point out that domestic violence is not about anger, but control of another person at all levels. They insist that, for a person to really turn away from a life of domestic coercion and control, they need to stop using violent methods to influence how their partner acts and thinks. Focusing on the anger aspect does not even scratch the main point of domestic abuse in the first place.

What Really Matters

It is commendable that people want to offer solutions that they believe will help minimize the incidents of domestic abuse happening across Las Vegas in particular, and the country as a whole. Understanding how perpetrators feel and act is a decent first step, as they try to step in the person’s shoes and determine what motivates them to act in a certain way.

However, not all problems can be solved by dealing with the visible issues; there are many pertinent problems that experts need to look into deeper to get better results. They can look at things that motivate (or in this case, demotivate) alleged domestic violence offenders, and seek ways to alleviate these problems for a more long-term solution. They may even find ways to minimize false convictions for alleged domestic violence offenders along the way.

Working on anger issues for domestic violence defendants is a good start, but it doesn’t always reach into the core of the issue, and it is never the same situation for each case. Legal and psychological professionals need to work out more effective ways to reduce domestic violence cases in the future through more effective methods and education. 

A Look Into Alcoholism and Domestic Violence

 There are many factors that are related to or can instigate domestic violence in Las Vegas. It could be stress, genuine animosity, a rough upbringing, jealousy, or any random trigger that is exclusive to the people involved. Each domestic violence case has its own story to tell, and how the circumstances come about are fairly unique.

One of the oft-quoted factors that people consider with regards to domestic violence is that the abusive partner is a raging alcoholic. While it is true that alcohol has properties that can alter a person’s behavior once enough of it gets into a person’s system, does it really have an effect on how a person behaves towards their partner? Let’s take a look into the relation between alcoholism and domestic violence.

A Look at Numbers

In the first place, why do so many people cite alcohol as a factor in domestic violence cases? It’s because it’s been recorded in multiple cases worldwide. World Health Organization records indicate that 55% of domestic abuse cases reported worldwide involved alcohol at least one way or another, mostly involving alcohol consumption prior to an instance of abuse.

On the other side of the scale, the victims themselves would often turn to alcoholism themselves to deal with the pain. Based on recorded cases, domestic abuse victims were 15 times more likely to abuse alcohol themselves after a bout of violence. Note that the number is a global average; the numbers may be higher or lower depending on the country.

How They Are Related

As stated earlier, many people automatically relate excessive alcohol ingestion to personality changes and mood swings that can lead to domestic violence. Others state that the domestic abuse factors in only when the person is truly drunk. Once they sober up, they eventually stop being abusive and may even claim no memory of the abuse in the first place.

Sobriety advocates and medical experts refute this reasoning quite regularly. They point out that alcoholism alone does not act as a trigger for domestic abuse, but is instead only one of many instigating factors for the incident. Sobering up does not always deal with the underlying issue; in some cases, alcohol is only a red herring and other factors are in play, but people may have ignored them.

Is Alcohol Really Significant?

On one end, experts argue that alcoholism is only one factor in a long list of many that can lead to domestic violence. On the other hand, national records indicate that at least 2/3s of recorded domestic abuse cases across the country involved the perpetrator drinking alcohol immediately prior to the incident. With this situation, it is understandable that people are confused about how alcoholism factors into domestic violence cases.

In the end, whether or not alcoholism and domestic abuse are totally related is determined on a case-to-case basis. It may just be an overlap of two negative aspects, or it can just be pure coincidence. It all comes down to the personal experience of the involved parties, the environment they live in, and other issues that may escalate the situation or not.

Domestic violence is a complex and intimate crime, affected by various aspects that may be unique to a case, or similar across a variety of recorded incidents. Whether or not alcohol is related to such cases will be determined in court.

Why is Circumstantial Evidence Important in Domestic Violence Cases?

 For any case that goes to trial, evidence plays a vital and decisive role in deciding the outcome. Legal testimony does not hold any weight if there is no definite evidence to back it up. Even if it is as small as an eyelash in the wrong place, it can go a long way to proving a defendant’s innocence or guilt.

However, not all crimes have a multitude of direct evidence to work with, and so involved parties will have to rely on circumstantial evidence to prove their claims. Circumstantial evidence plays a bigger part in charges like domestic violence in Las Vegas, where first-hand witnesses or on-scene evidence is often lacking. If you are facing domestic violence charges in Las Vegas for the first time, you’ll need to know why circumstantial evidence is important in domestic violence cases.

First of All, What is Circumstantial Evidence?

Circumstantial evidence is any kind of evidence that is not directly related to the alleged crime, but implies that the alleged crime took place. It could be any objects gathered from the crime scene long after the act happened, or any piece of second-hand information gathered from people near its vicinity. In some cases, it just has to be official records related to the concerned parties that can count as circumstantial evidence, like hotel check-in records, travel records, credit card payments and the like.

To take a domestic violence situation as an example, circumstantial evidence may include items like testimony and records of the time the defendant and the victim are at home, testimony from bystanders who were not directly involved with the concerned parties, and testimony from responding officers. These pieces of evidence aren’t always directly obtained from the scene itself, but if their implication of an act of domestic abuse happening is proven true, they can do much in leading to a conviction.

Why Should You Be Concerned?

As stated earlier, evidence plays a vital role in any crime; moreso if the case in question does not have any other witnesses besides the victim and the defendant. As domestic violence cases are often very intimate crimes done in the privacy of a person’s home, it can be next to impossible to find witnesses willing or able to provide credible testimony that can implicate a defendant. As such, prosecutors will often turn to circumstantial evidence to secure a conviction.

While circumstantial evidence can be inaccurate at times, many convictions in the past have hinged on a combination of these pieces of evidence to confirm a defendant’s guilt, perhaps at a higher percentage than most people believe. The Nelson Serrano case is one example where circumstantial evidence relating to business partnership disputes and money laundering would be instrumental in convicting the defendant for the murder of his business partners. The questionable financial records, as well as second-hand testimony from the relatives of the victims, formed a strong case against the defendant and led to his conviction for multiple murders. Considering how decisive circumstantial evidence was in the proceedings of this case, you can imagine how difficult it can be for your domestic violence hearing if you can’t disprove circumstantial evidence placed against you in court.

Circumstantial Evidence and You

Defending against circumstantial evidence in a domestic violence proceeding can be tricky; as stated in the previous section, it is oftentimes an intimate crime, and if you fail to account for this kind of evidence, you can be convicted on the implication that they’ve established. The natural reaction would be to gain your own set of evidence and testimony to disprove the prosecution’s claims, but you can just be as handicapped as the other party when it comes to domestic abuse cases.

The first and most important thing you must remember is to always consult with your domestic violence defense attorney. Their experience with such cases means that they will know what kind of response you can formulate to deal with such kinds of evidence; remember that despite similarities in domestic abuse charges, all cases have their inherent differences that are unique to each defendant. Never leave anything to chance; circumstantial evidence still has a high probability of being related to your case, after all.

You must never underestimate how vital circumstantial is to a domestic violence case, but you should not be intimidated by it either. As long as you have the assistance of a veteran domestic violence attorney on your side, you can be assured of getting a dismissal or a not guilty verdict for your domestic abuse case.

How to Properly Defend Yourself When Facing a Domestic Violence Charge

 Getting tagged with a domestic violence charge in Las Vegas is a complicated thing. After all, domestic abuse stories involve a lot of emotion and drama, and that can often dictate the outcome of a trial. When tempers flare, those who let their anger get the best of them will lose their case no matter how good their legal team is.

Defending against any form of criminal charge requires a calm mind and a careful study of your situation. Your defense will lose its credibility if it falls back upon stereotypical lines that the prosecution can crack easily and effectively. If you are facing a domestic violence charge in Las Vegas, you should remember how to properly defend yourself with some of these suggestions.

Avoid the Emotional Appeal

One of the common tactics used to deflect a domestic violence charge is to show that it is not in the defendant’s nature to abuse their partner. They will try to show that they are a nice guy, and if they do commit violence, it is only because the other party has gone too far. Conversely, there are instances where the defendant would focus on denigrating the personality of the alleged victim in an attempt to weaken their case. They will attempt to paint the alleged victim as some sort of manipulator or consummate liar and that the defendant is only being framed.

These kinds of defense claims rely too much on emotional appeal and can easily be cracked by a well-versed prosecution team. If you are going to trial for a domestic violence charge for the first time, avoid focusing on personality issues and look at the bigger picture. You must always focus on facts first and foremost; if you still insist on calling the alleged victim duplicative, you must have solid evidence to back it up.

Gather a Pool of Reliable Evidence

As in any other criminal trial, the evidence is the lynchpin on which your entire defense is leaning on. If you can’t prove that there was no intent to abuse the alleged victim, or that the act was done only in self-defense, your chances of winning a dismissal or not-guilty verdict are slim. As stated earlier, avoid dealing directly with the alleged victim and direct your efforts on obtaining compelling evidence for your case, which may include:

• Testimony from other people in the vicinity of the alleged crime scene

• Materials and footage pertaining to the alleged crime

• Expert testimony from independent parties, like doctors, psychologists, and possibly investigators

• Medical and psychological history records (where applicable)

So long as you have the appropriate evidence, you can establish a strong case that will be hard for the prosecution to assail.

Always Communicate with Your Attorney

Unless you’ve chosen to stand for yourself in trial, your defense attorney is your primary mouthpiece to help you get your side of the case to the court and the jury. He represents your best interests in the trial, and thus will work tirelessly to ensure that you get a dismissal or at least a reduced sentence. However, he cannot do the job alone; unless you provide input where needed, he can establish a strong case for you at all.

The primary rule when facing a criminal charge is to always talk with your lawyer. Besides knowing the ins and outs of the Las Vegas criminal system, they can also establish a strong defense for you once they’ve pieced together all the available information you can provide to him. Never forget to be thorough, detailed, and comprehensive when retelling your side of the case to your attorney; not only will they need it to build your case, they might be able to find pieces in your testimony that you yourself might have missed.

Defending against domestic violence charges can be a chore, but with an objective mindset, a strong case, and a reliable Las Vegas defense attorney, you are assured that your trial will go smoothly. Never forget these tenets, and you are sure to pull through.

A Look at Domestic Violence During Thanksgiving

 Everyone looks forward to holidays, especially if they’re extended ones. They offer a chance to unwind, sit back, and enjoy a good rest away from work or school, celebrating with family and friends. With Thanksgiving just a few weeks away, people are especially anxious to get down with the festivities.

While Thanksgiving is a time of relaxation and celebration, it can be surprising how much of a dark side it has. Stories of increased DUI incidents and the typical family brawls abound, but in recent years there has been an increasing amount of reports regarding domestic violence incidents over the Thanksgiving weekend. Why is this the case?

A Look at Holiday DV Numbers

Domestic abuse is oftentimes an intimate kind of crime, happening behind closed doors in the privacy of the perpetrator and the victim’s home. People may wonder how such incidents can still be prevalent on such major holidays like Thanksgiving, where large family gatherings are prevalent and there are so many people in the house. However, such situations can be pretty deceiving to an outside viewer.

To give you more context, data from a 2014 report collating domestic violence hotline call records between 2004 and 2013 saw an average of 570 calls made from Thanksgiving until right after Christmas. While lower than the 675 daily average recorded for the same time period, it was still a significant number to consider for holiday periods in general. Another point to consider is that the number of calls were highest a few days after the vacation period.

Why It’s Becoming Prevalent

Holidays are supposed to be a period of relaxation and letting loose. However, different people have different perspectives for this sentiment. If you’re the one hosting the thanksgiving party, you’ll have a hard time preparing for the event itself. If you’re an abuser, you’ll probably have more triggers to commit violence on your partner during the holidays.

One of the commonly-reported triggers for an increase in domestic violence appears to be for the abuser to spend more time at home with the victim than at other times of the year, where they can attack the victim behind the backs of all their relatives. Other common factors include increased alcohol intake due to the lack of work and presence of more friends, and the mounting stress of dealing with too many people over an extended period. 

Providing Support During the Holidays

Even during Thanksgiving, public and private domestic violence advocates still provide assistance to victims in a variety of ways. The availability of emergency hotlines even during the breaks is just one of many methods that victims can seek assistance. However, other services may have to be extended to fully assist victims and/or their affected relatives.

The National Resource Center for Domestic Violence advocates for more intensive support when dealing with domestic abuse during the holidays. Understanding the prevalence of Thanksgiving family abuse, they have pushed for more intensive assistance from professionals, including extra periods of respite at shelters, extended therapeutic sessions with victims, and safety planning for especially vulnerable individuals. With a growing trend in partners spending the Thanksgiving holiday on their own, the Center is concerned about the possible increase in victims who have limited access to relatives who can shelter and support them.

As you enjoy the coming Thanksgiving, be wary about the possible incidents of domestic violence around you.

Review: On Strangulation in Domestic Violence Cases

 Domestic violence charges are oftentimes prosecuted on their own merits. However, like many other criminal acts, domestic violence can be enhanced by other related charges if they were used to enact the act of domestic abuse. One of the most common enhancements to an abuse charge is strangulation.

To an outsider or someone who has been involved in a domestic violence case for the first time, domestic violence by strangulation may sound a little excessive. However, it has a lot of consequences that are not apparent at first glance. This has been touched upon before, but now would be a good time to review strangulation in domestic violence cases.

Defining Strangulation as a Domestic Violence Act

Simply put, strangulation is a form of physical assault aimed at a victim’s neck, often with the aim of cutting off their breathing. Underlying that, strangulation can also affect the supply of oxygen to the brain, which can have more dire consequences than merely choking due to a lack of air.

In a domestic violence context, strangulation is often cited as a direct and easy means by which an abuser can impose their will on a victim. They simply choke the abused to make them submit, either with their bare hands or through the use of implements like rope. This act is often done on its own, though in some cases it coincides with punching, kicking, and other severe forms of battery.

Why It Is One of the Most Severe Forms of Abuse

Many forms of domestic violence have their own effects on the victims. Constant verbal abuse can severely affect a person’s psychological and emotional well-being. Battery can lead to physical impairment in the most extreme cases. Sexual abuse can do both.

Domestic violence by strangulation stands out from the rest because it is a simple act with a higher chance of death than other forms of abuse. The abuser can restrict the flow of blood and oxygen to a person’s brain for an extended amount of time, which can lead to fatal consequences if it happens for more than just a few seconds. A misstep can even lead to a broken neck, which can either be an instant death or a slow and excruciating one, depending on the circumstances.

Why Strangulation is An Important Case to You

Domestic violence charges as a whole are a pretty tricky case to get through. There’s a lot of emotion involved, and there’s different angles for interpreting each party’s actions. Things get a further layer when physical action is involved.

Domestic violence by strangulation is one of the easiest forms of abuse to use and repeat, and one with the highest chance of fatalities. For all intents and purposes, domestic violence by strangulation is a step or two away from a homicide or murder charge, precisely because of the facts mentioned in the previous section. Tread carelessly, and the prosecution can paint your act as directly intent at killing their client.

The circumstances around a domestic violence by strangulation case are easy to misconstrue because of the consequences of such an act, as well as how it is viewed by all parties who witnessed the act. If you don’t want to get the short end of the stick, you must have a dependent domestic violence defense attorney with experience in handling strangulation complaints in your corner.

Review: Domestic Violence Statistics in The United States

 Domestic violence in Las Vegas is a serious issue, and with good reason. For a time the city ranked among the states with the highest reported domestic violence cases across the country. Nevada itself was once fourth in domestic violence-related deaths, a grim distinction to have. It is no wonder that domestic violence advocacy has been ramped up in the past few months, and greater judicial focus on abuse cases is urged.

To an outside observer, domestic violence cases may just seem like any other criminal case you can hear on the news. However, there are a lot of numbers that give a rather chilling reminder as to why it is of major concern to Las Vegas law enforcement and criminal defense attorneys. Let’s take a look back at some domestic violence statistics in the United States.

1/5

Between 2003 and 2012, domestic violence accounted for one-fifth of all nonfatal assault cases reported and acted upon by the authorities across the country. This stands in stark contrast to other types of aggravated assault, like those related to theft, rape, or physical altercations between opposing individuals or groups. This is also not mentioning that this number was mostly from reported cases; it is possible that the number would’ve been higher if more domestic abuse incidents were reported.

10 Million Men and Women

This is the average number of men and women falling victim to domestic abuse in the United States annually. This number covers everything from intensive verbal abuse to outright battery or sexual violence. Unfortunately, not all of these get reported, and many of these cases conclude with either a badly-traumatized individual that has difficulty blending in with society, or a person dying either by their own hand or their partner’s.

20,000 Phone Calls

Emergency hotlines get, on average, 240 million calls across the country per year. These calls include missing persons reports, road accidents, communication regarding wanted individuals, and the like. Of all these, an average of 7,300,000 calls are related to domestic violence per year. That is roughly only 3% of all calls made to emergency services, a relatively small number for such a severe crime. The nature of domestic abuse makes it difficult for victims or concerned citizens to report such crimes; the partner may have become too domineering to be opposed, the victim is being passive due to several factors, or third parties consider the situation to be a family matter that outsiders should avoid and not report.

1 in 5 Children

Domestic violence can and will involve children, directly or indirectly. Sadly, that means that they regularly become part of the statistics as well. A whopping one in five children become involved in incidents of domestic abuse. Of this number, 90% would become first-hand witnesses to domestic abuse, if not the victim of such violence in the first place. Many of these first-hand witnesses eventually develop psychological trauma as they grow, or may even emulate the violence they witness in their teen and adult years.

These numbers are just a peek into how big a deal being involved in a domestic violence case is in the United States. There’s more to this crime than just what you see on television, and the implications are rough if one gets implicated in a domestic violence charge.

Review: Common Justifications for Committing Domestic Violence

 Domestic violence in Las Vegas is one of the more common charges in the city. It is not always reported in the media, but it consistently ranks among some of the most booked charges in town. Nevada criminal law in general has a strict penalty setup for domestic violence offenders, especially if they happen to be repeat offenders.

May criminals tend to justify their actions as a means of self-affirmation. Some convicted domestic violence offenders do the same, particularly repeat offenders or those who have enhanced charges. Let’s make a review at a few commonly invoked justifications for committing domestic violence.

Spur-of-the-Moment Emotions

Instances of domestic violence always involve strong emotions. It could be a variety of things: despair, confusion, denial, or disillusionment, on top of other things. However, one emotion that is always present is a strong sense of anger; such a strong emotion usually leads to some seriously dangerous actions when the domestic abuse incident happens. Many domestic violence defendants would claim that they did not commit any abuse, but was merely a sudden action caused by a sudden burst of anger and that they do not act like it regularly. Sudden anger is one of the most common defenses put up by domestic violence defendants to brush off charges, usually following it up with statements like ‘a stressful day’ or ‘pent-up frustrations’. Unfortunately for them, ‘anger issues’ can be used against them to prove that they are domestic abusers.

Traumatic Incidents

Most domestic abusers would blame a series of traumatic incidents in their youth to explain why they act as they do. They would cite particular incidents where they themselves were allegedly abused in similar circumstances, and blame their current disposition on these past events. While there are studies that connect PTSD to increased aggression and domestic violence tendencies, using it as an excuse just raises the question of why the defendant did not seek help before things escalated to an arrest and a court hearing. Instead of acting on their past trauma with the help of a professional, they choose to take it all out on their partner.

Injury-Related Personality Changes

Some domestic violence offenders insist that their partner abuse was the result of a traumatic brain injury that they have suffered in the past, either in their childhood years or later. They may be able to find witnesses who can confirm that they had a drastic personality change after said accident, like increased aggression and a shorter temper. However, suffering brain injuries due to accidents does not always explain coercive behavior towards a spouse; in some cases, the brain injury is merely fabricated and that people around them do not know that they have been manipulative and abusive even before the accident. Other cases may involve defendants with actual brain injury using it as an excuse, unaware that they were inherently abusive since the beginning.

Substance Abusers

Research confirms the strong link between domestic violence and substance abuse. While not all domestic violence offenders consume alcohol or drugs, many substance abusers also happen to be domestic abusers; higher substance use correlated to increased instances of domestic abuse and coercion of spouses in many cases. Unfortunately, many domestic violence offenders fall back on their previous drug abuse history to explain their behavior. This does not always explain the full picture of the situation, and in many cases the family abuse isn’t exactly related to substance abuse. Even after going through a rehab program, some offenders continue to act coercively towards their spouses.

Blame Shifting

One of the worst kinds of justifications used by domestic violence offenders is to blame their partner for their history of abusive behavior. They often say things like the partner getting in their face one too many times, excessive nagginess, or an outright direct callout to make the defendant mad in the first place. The excuse falls flat because getting angry is often a conscious thing, and blaming the partner for an action that is theirs alone incriminates them even more.

There is no merit in justifying acts of domestic violence, no matter what situation incited it. Remember these in the event that you are charged with a domestic violence complaint in Las Vegas.

Rehabilitating Domestic Violence Offenders in Nevada

 The State of Nevada takes its domestic violence cases seriously. The State’s courts impose severe penalties on defendants who are convicted of domestic abuse cases, including long prison sentences and high fees on top of situation-based compensation dues. It gets even worse if other circumstances are involved, like severe physical injury, sexual abuse, or death.

However, domestic violence convictions do not always equate to long prison sentences and high fees alone. Those unfamiliar with the legal system may be surprised that domestic violence offenders are required to undergo a domestic violence rehabilitation program on top of--or in some cases, instead of--spending time in prison for their crimes. The aim is to guide the offender through intensive therapy to refrain from committing such acts in the future.  Let’s look at the process of rehabilitating domestic violence offenders in Nevada.

Domestic Violence Rehabilitation According to State Law

Like in many other criminal offenses that involve rehabilitation and counseling, providing rehabilitation and counseling for domestic violence offenders is stipulated in the Nevada Revised Statutes. Statutes related to domestic violence rehabilitation include the appointment of an ombudsman for domestic violence; the creation of a fund to support domestic violence programs for both victims and offenders; the establishment and maintenance of a committee that will oversee domestic violence cases, victims and offenders; and other pertaining matters involving individual cases, like enhanced charges and deaths resulting from domestic violence.

In addition to the NRS, the creation and maintenance of a rehabilitation and counseling program for domestic violence cases is covered in the Nevada Administrative Code. While the NRS lays down the foundations of the administration of these rehabilitation programs, the NAC rules provide a guideline on what provisions, regulations, and stipulations are to be adopted for domestic violence rehab programs. The NAC also gives authority to the Division of Public and Behavioral Health to handle all of the aforementioned tasks; the Ombudsman and the Committee for Domestic Violence cannot act on a provision unless the DPBH has approved it.

How Offenders Get Into a Program

The NRS stipulates that convicted domestic violence offenders are required to attend domestic violence treatment programs, either while incarcerated or if ever they go into probation. First-time offenders will have to undergo 1.5 hours a week of intensive rehabilitation for a period between six and 12 months. Second-time offenders will be mandated to undergo the 1.5-hours-a-week program for the full 12 months instead. Note that these programs usually involve the offender to enroll and pay at his own expense; the State is only there to stipulate what programs he has to follow, as well as to monitor his progress and/or penalize him for failing to meet his dues.

Of note is that offenders convicted for a third time and beyond are no longer eligible for a rehabilitation program. At this stage, their crime is already a higher-level felony, and they instead will have to face the full brunt of Nevada domestic violence laws. Note that people who are charged with a felony-level domestic violence crime for their offense may no longer be eligible for a rehabilitation program, depending on the circumstances of the case.

Where to Seek Help

Much like rehabilitation centers for driving under the influence or drug crimes in Nevada, most rehabilitation centers in the state that handle behavioral therapy and domestic violence rehabilitation are privately-run and operated. These centers can only offer programs that have been stipulated by the DPBH; their programs have to pass a review from both the DPBH and the Committee for Domestic Violence so they can be certified. Programs often include discussions on behavioral health, anger management, social interactions, trauma, and self-restraint, among others. As noted earlier, offenders have to pay for these programs out of their own pockets.

Some of these domestic violence rehabilitation centers also offer therapeutic programs for those directly and indirectly affected by domestic abuse. They offer varying levels to fit the level of abuse that victims have suffered in the past.

Criminal law is never always about punitively punishing an individual for a crime they committed. It can also be rehabilitative, seeking to help the offender reintegrate into society after serving time for a domestic violence charge in Nevada.