Four Instances that can turn a First-Time Domestic Battery Charge into a Felony

 

As far as convictions go, a first-time domestic battery charge isn’t too bad. On top of just a short jail stay, the fines are relatively cheap, and the other obligations aren’t too heavy. All in all, a defendant can go through their sentence without much trouble.

Remember that things can easily come to a head in such cases, however. A little bit of evidence or a surprise testimony can easily transform the charge into a more serious one, making it more difficult for the defendant to get a dismissal or not-guilty verdict. Let’s look at 4 cases that can turn a first domestic battery charge into a felony.

Strangulation

Domestic battery cases often involve the use of bare hands and/or feet to inflict physical pain on a victim. The damage is fairly visible at first glance and can lead to a conviction if a sure link to the defendant can be determined. However, if neck damage due to strangulation is confirmed, the battery case is automatically escalated to a felony charge. Strangulation may involve bare hands or any device that can be wrapped around the neck, like rope.

Use of a Deadly Weapon

A battery remains a battery if the offender only used a part of their body to inflict injuries on the victim. However, if they use an item that puts the victim at risk of death, the first offense automatically escalates to a felony. Examples of deadly weapons include knives, heavy blunt objects, or guns.

Substantial Bodily Harm

Battery cases are still considered misdemeanors if the victim sustained relatively light injuries. That is, the injuries did not interfere with their everyday functions. However, if the victim actually suffered enough that their body was temporarily or permanently prevented from functioning normally, that constitutes a count of substantial bodily harm. Such situations automatically merit a felony charge for the defendant.

Previous Domestic Violence Convictions

Some felony charges come into effect automatically when the defendant is a repeat offender. In the case of a domestic battery charge, the defendant must have had at least two prior convictions for related charges in the past. This only comes into effect if the previous verdicts were handed down within the past seven years.

Felony domestic battery charges can be difficult to defend against, but they can be overcome. Get in touch with a veteran domestic violence lawyer in Las Vegas to represent you.

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.

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.

How Does Domestic Violence Affect Children?

 Domestic violence cases are some of the most serious crimes that Las Vegas authorities have to deal with on a regular basis. Local police have a lot to deal with, between the various levels of familial disputes turned violent and the alarmingly high number of domestic violence-related homicide cases. There’s also the issue of unreported domestic violence incidents due to a number of factors involving the victims.

While most domestic abuse cases focus on the spouses who take the direct abuse, many experts both in the legal and medical professions have continuously raised concerns regarding the effect of domestic violence on the children who witness such acts. In the long run, the children get roped into the abuse, directly or indirectly, and greater focus has been made on the effects it has on them.

Physical Factors

In many domestic abuse cases, particularly those that have been going on for a long time, children eventually suffer direct abuse from the perpetrator whether or not they were involved in the initial abuse. In some cases it can be spontaneous, while in others it can be a general progression as the abuser aims to exert full control on their family. However, physical effects on children involved in an abusive family are not only limited to direct effects.

A study from the early 2000s discovered that young children who regularly witness domestic violence in the home report frequently experiencing stomach aches, headaches, bed-sores and bed-wetting. The more extreme cases even suffer from extended periods of fatigue, caused mostly by lack of sleep due to hearing or seeing domestic abuse. There are also instances where witnessing domestic violence can lead to extreme weight changes in the long run; it can either be a sudden drop in weight caused by anxiety-induced lack of appetite, or obesity caused by stress-eating.

Emotional Issues

Emotional issues are some of the more-cited factors related to children witnessing and/or experiencing domestic abuse at home. There is an abundance of literature regarding the adverse effects of domestic abuse on children in their formative years, with frequent mention of depression, social anxiety and extreme reluctance to establish and maintain a connection with their peers. Other children who experienced such situations gain temper issues, responding to many situations with anger and other extreme emotions, even for the smallest of incidents.

Psychological experts also cite incidents of role reversal regarding the child and the abused parent. In such situations, the domestic violent victim seeks refuge and counseling in their child, inadvertently turning them into an emotional anchor that helps them endure the abuse. Unfortunately, this can force the child to act way beyond their age, often taking on the jobs that their parent is required to do: housekeeping, taking care of younger siblings, budgeting and even earning a living.

Behavioral Changes

Children witnessing or experiencing domestic violence have a tendency to drastically change their behavior compared to how their peers would act. Younger children who only witness the violence grow up believing that the abuse is a normal part of growing up, and will copy such behavior when interacting with other children or even other adults. It is not unheard of for children to use rough language and physically attack others when they get into arguments.

Teen children may exhibit even more drastic behavioral shifts as the abuse progresses. In many incidents, these teens start skipping school, taking part in fights and other risky activities, experimenting with drugs and sex without proper precautions, and preferring to stay away from home for as often as they can. They sometimes consider running away entirely so that they no longer have to deal with domestic violence at home, though others cope by being secretive or defensive when their homes are discussed with friends or adults at school.

Domestic violence has a serious and adverse effect on children, whether or not they are directly affected by such acts. Continued support from all sectors of society can go a long way in keeping the children safe from the direct effects of such domestic violence.

Review: Defending Yourself Against a Stalking Charge in Las Vegas

 Stalking in Las Vegas is no small matter. It is a distressingly common case, fueled by the city’s sizable population and vibrant nightlife. Whether it is related to private individuals, marital issues, local business and staff, or famous personalities, stalking has the tendency to have severe negative effects on both the plaintiff and the defendant. In some cases it can even be worse on the defendant whether they are guilty or not; having the reputation of a stalker throws a shade on the person’s background and can adversely affect his life far into the future.

Facing a stalking charge in Las Vegas can be a harrowing experience for a first-time defendant. Fortunately, domestic violence attorneys handle stalking charges on the regular, and know some of the appropriate methods to avoid a conviction. Let’s review methods of defending yourself against a stalking charge in Las Vegas.

Part of The Job

Celebrity stalkers are fairly common fodder for entertainment gossip segments on television or online. People are familiar with the paparazzi horror stories: invasive photographers going as far as scaling high walls, using high-end telephoto lenses, or going on high-speed pursuits just to get a tabloid-worthy shot. Unfortunately, it can be easy to generalize these kinds of acts when they’re talked about so often. Many news photographers take quite the beating due to stalking and harassment claims, even if some of them are just earnestly doing their jobs. This plea is one of the more commonly-used defense claims in cases involving popular individuals, but take note: it only works if the defendant can prove that they were acting well within the limits of their legal employ. If the prosecution can prove that the defendant overstepped their boundaries, this defense can be turned against them.

Mistaken Identity

In a sea of faces, one can just be spotted in the wrong place at the wrong time and find themselves facing possible prison time and high fees. This is usually the case when someone is accused of stalking, especially in busy urban centers; a paranoid individual can just point you out in public and mistakenly call you out as a stalker. You can claim back that you were only mistaken for a stalker, and you being in the situation at the time can be considered pure coincidence. For example, you regularly take the same route as the plaintiff as part of your work routine. If they are legitimately being stalked, you can claim that you and the stalker just happen to be taking the same route as well.

This defense is equally usable in cyberstalking cases due to the uncertainty of identifying online personas. In addition, your profile may match the stalker’s persona by pure luck, which can falsely put you under hot water.

First Amendment Right

Someone can also be charged with stalking if the plaintiff believes they are being harassed verbally or in writing. Maybe it’s a series of comments made in person, or a few public criticisms on the plaintiff’s online profile. Whatever the case, an innocent post can be misconstrued as a malevolent attempt to harass a person and bring them down. A defendant can often claim that the comment was made with their right to free speech in mind. The First Amendment claim is often cited in stalking cases that involve messages or statements made in public, or towards a public individual with a prominent profile.

No Intention to Distress or Harass

Most cases of stalking come about because of miscommunication. A simple set of messages checking on a person’s health or what they’ve been doing for the day may be mistaken as intrusive and overly familiar, leading to charges of harassment and stalking. In such cases, the defendant must prove that their messages, statements, or acts had no intention of distressing or harassing the plaintiff, and that they were done in good faith. A variation would be a claim that no sensible individual would find the alleged acts or messages to be distressing or worthy of a stalking charge. The defendant can claim that the plaintiff was merely overreacting to entirely innocent acts, and any other person would not have found these acts intrusive.

Act of Spite

Sometimes there really isn’t any stalking or harassment involved. In such cases, the plaintiff may simply have disagreements with the defendant, or are seeking to deface the defendant’s reputation. In such cases, they would stage supposed incidents and frame them as acts of stalking on the defendant’s part.

In such situations, the defendant can claim that the charge was made against him or her as an act of spite on the part of the plaintiff. He or she can claim that the plaintiff is merely resentful of the defendant for certain reasons, and are using the stalking charge to ruin them. This defense works best if the plaintiff is a competitor, or someone who is against the defendant’s principles. It is also sometimes invoked in marital cases when one spouse accuses another.

These are just some of the commonly-invoked defenses against stalking charges in Las Vegas. Other defenses may apply for unique stalking conditions, and in many cases attempting to use any of the above claims may put you in an even more difficult legal situation. Always discuss your situation with your domestic violence lawyer in order to make informed decisions for your case.

What is Involved in a Restraining Order in Las Vegas

 People are aware of restraining orders because of how often they get brought up on the news. In many cases involving domestic violence in Las Vegas, plaintiffs would immediately request the presiding court for a restraining order to keep the defendant away and prevent any perceived threats of further harassment or worse. To the common audience, this is nothing more than one person requesting legal justification to keep another person as far away from them as possible. However, things look way different when you are the one facing a restraining order.

Dealing with a domestic violence charge in Las Vegas is already hard enough; being hit with a restraining order in Las Vegas is even worse. It can be even more confusing if you are in a domestic violence case for the first time. To help you understand the gravity of the situation, it is best to know what is involved in a restraining order in Las Vegas.

Contact Restricted

The first and primary purpose of a restraining order in Las Vegas is to restrict your contact with the plaintiff. Note that this not only includes physical contact like what they depict in television dramas; restraining orders also restrict you from trying to communicate with the plaintiff by phone, mail, or online. This can cover not just their personal contact information but their work and study contact channels as well. In addition, the plaintiff may be under the direct protection of a law enforcement officer for the duration that the order is in effect.

Separate Abodes

A restraining order has the legal and binding power to evict you from your current place of residence if you share it with the plaintiff. The worst thing about this is that you are the one that must vacate the property even if the property is in your name. Note that the restraining order may still require you to pay off some of the bills related to the property, including mortgage or rent, even if you are currently restricted from living in the area for the duration of time that the order is in effect.

Custody Dues

If you already have children, a restraining order has the power to legally transfer custody of all these children to the plaintiff, with all the contact restrictions applying to them as well. You can only be allowed visitation rights under arrangements prescribed by the court, provided that the plaintiff cannot prove that you can endanger your children during such visitations. In addition, you are still legally bound to provide child support for each child.

Additional Financial Obligations

Apart from the aforementioned payments you have to make for residential dues and child support, you may be required to provide for other financial obligations for the benefit of the plaintiff. These often include legal fees and damages sustained immediately prior or during the serving of the restraining order. Additional financial obligations include medical fees, moving fees, and loss-of-income compensation covering the period between when the temporary restraining order was issued and the time when the extended restraining order was approved.

Firearms Restrictions

Restraining orders have the legal authority to dispossess you of your firearms for the duration that they are in effect. You will be forced to hand over any of your owned firearms to local law enforcement, or sell them to a recognized firearms-related establishment, within the first 24 hours after you receive a copy of the official order. In addition, you will not be allowed to obtain new firearms for the period covered by the restraining order. Note that this does not apply to any firearms carried in relation to work, provided that you do not bring the guns home with you and your employer can certify that you are not a hazard while armed.

These are only five of the common penalties you can face as a consequence of a restraining order, on top of any other penalties you might get if you are convicted for domestic violence. Remember that you can fight back against a possible extended restraining order once you go into a hearing for it after the temporary restraining order period. Talk about this case closely with your domestic violence attorney to better understand how to avoid it.

Are there Sex Crimes Involving Domestic Battery?

Domestic violence encapsulates all types of abuse that you can think of such as battery and sexual assault. Sometimes, these kinds of maltreatment are carried out together by the perpetrator, causing the victim to suffer both physically and emotionally. Now, does committing sexual crimes during a domestic battery struggle warrant separate charges or are they all under the umbrella of domestic violence? Read this post to find out.

Sexual assault in domestic battery

Sometimes, when an abuser is committing battery such as hitting and beating, they also commit sexual assault. For example, a husband wanted sex from his wife. When she refused, the man repeatedly beat her and then forced himself on her (a.k.a. marital or spousal rape). This could count as both sexual assault and battery. However, know that they are two different entities under domestic violence and they can be an element in other similar cases. They can also be done together or be an ensuing result of one another. For instance, the female victim is injured due to forceful sexual action done by her partner that is without consent.

According to National Coalition Against Domestic Violence (NCADV), intimate partner sexual assault is likely to cause more injuries than an attack from a stranger or an acquaintance.

Charges of sex crimes in domestic battery

Currently, you cannot be charged separately with sex crimes in a domestic battery case. However, if the sexual crime was too severe and it endangered or harmed a child during its perpetration, then you can be incriminated with child abuse or with the respective punishment for the sexual crime. For example, your battery was also associated with child pornography (you pimped your own child) then you will most likely be imposed with a category A felony which means life imprisonment.

If you beat your spouse and rape him or her in the process, you are committing spousal rape which is punishable under Nevada’s rape laws. This means you can both be charged with domestic violence and spousal rape; both carrying severe punishments.

Beating a spouse or any member of a family is bad enough. Interspersing it with sex crimes makes it inhuman. If accused of these actions, know that you can defend yourself if you firmly believe in your innocence. Of course, to successfully achieve acquittal, you need to have a domestic battery lawyer at your aid.

What Happens After a Domestic Violence Arrest in Nevada

An arrest for domestic violence follows the same procedure as any other seizure of an offender, the only difference is that domestic violence can be treated with caution and, sometimes, force when the perpetrator is seemingly violent. To know what happens and what one can do after one has been arrested, continue reading. 

Capture and booking

Unless the police have a probable cause to arrest you at once because of an immediate threat, an arrest warrant is needed before an official apprehension is carried out. A warrant of arrest will be issued if there is enough reason and concrete evidences. Police can do stakeouts if there are rumors of you being abusive to your family or apply for a warrant of arrest immediately when a victim shows up in the police headquarters and directly tells about a perpetrator’s abuse. Once the alleged abuser is in their hands, he or she will be taken for booking where he she will be inspected, where his or her personal information will be taken, and where he or she will be turned over for detention.

Rights of the arrested

As per the Miranda Rights, a person under arrest is entitled to keeping his or her mouth shut during the entire arrest and eventual booking. Of course, one has the right to an attorney who should help the accused and even supply the answers to the interrogating police. If dealing with a battery charge, an accused needs a domestic battery lawyer.

As the defendant, he or she also need to watch out for certain things that can be used later such as how the police treated the accused, how they went inside his or her house, and how they took evidence of domestic violence (if possible).

Arraignment and trials

A domestic violence arrest will not instantaneously turn into a trial. An arraignment or a hearing where all the charges will be explained to the defendant shall commence before the official legal proceeding. It is also in this phase where the defendant will have to plead guilty or not guilty. If he or she goes with not guilty, the case will proceed to trial. Here, the prosecutor shall prove the defendant is indeed guilty and in return the accused will dispute the claims through the use of pieces of evidence and defense statements.

If the defendant plead guilty, he or she will follow the plea bargain that preceded the decision. For example, a defendant pleads guilty of domestic violence, the charges will be reduced from felony to misdemeanor. Note that there should be enough basis for the judge to allow reduction of charges.

If there is one thing all this information denotes, it is that an accused needs a domestic battery lawyer by his or her side. A reputable one will ensure that all the steps that one will take are lawful and helpful to the case.

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

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.

Domestic Violence An In-depth Explanation Part 2: Battery vs Assault

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

Let us discuss now the difference between Domestic Battery and Assault.

Domestic battery occurs when there is a “physical” contact between the offender and the victim. Direct contact is not necessarily for battery such as throwing of vase with the intention to harm the other person. Assault is similar to battery but without physical contact. It is any intentional act that implies fear of physical harm to another person. Pointing a gun to the other person is a good example.

Domestic battery and assault have different penalties. It is an advantage to know their difference.

Here are examples that compares Domestic Violence Battery and Assault:

Example	Battery	Assault
Throwing a vase to another person	If it hits the person.	If it misses.
Using and pointing a “realistic”toy gun		Can be classified as an assault.
Punching, kicking, slapping, pushing	If there is a direct contact.	If they miss.
Intentional spitting		It can be classified as “simple assault”.
Pointing a knife, attempting to stab a person	If the other person was stabbed. It is classified as battery with deadly weapon	Classified as an assault.
Cocking of fist and backed-up by statements that you are going to punch the person.		Classified as an assault.

Penalties

Domestic Battery

• Without the use of deadly weapon with NO substantial bodily harm – Misdemeanor. Punishable by imprisonment of not more than 6 months, or fines of not more than $1,000, or community service in lieu of imprisonment time.

• Without the use of deadly weapon but with substantial bodily harm, or strangulation – Category C Felony. Punishable by imprisonment of not more than 5 years, or fines not exceeding $10,000.

• With use of deadly weapon with NO substantial bodily harm – Category B Felony. Imprisonment of not more than 10 years, or fines of not more than $10,000.

• Committed by a probationer, or with use of deadly weapon but with substantial bodily harm – Category B Felony. Punishable by imprisonment between 2 to 15 years, or fines of $10,000.

• With the intent to kill – Category B Felony. Imprisonment between 2 to 20 years.

• With the intent to commit sexual assault and with substantial bodily harm – Category A Felony. Life imprisonment with possibility of parole after 10 years ( Depending on the judge's decision), plus fines of $10,000.

• With the intent to commit sexual assault on children 15 years and below with NO substantial bodily harm – Category A Felony. Punishable by imprisonment of 5 years up to life imprisonment with the possibility of parole, and fines of $10,000.

Domestic Assault

• Without the use of deadly weapon – Misdemeanor. Imprisonment of not more than 6 months, or a $1,000 fine, or community service in lieu of jail time.

• With the use of deadly weapon – Category B Felony. Punishable of imprisonment between 1 to 6 years, plus/or fines of $5,000.

If you are charged with domestic battery or assault, it is better to contact a Las Vegas domestic violence lawyer for legal consultations. Attorney Ross C. Goodman is here to help you. He has decades of experience defending domestic violence cases. He can reduce or dismiss the charges against you. Contact Attorney Ross Goodman at (702) 383 – 5088 for a free consultation.

Domestic Violence An In-depth Explanation Part 1 : Definition

Attorney Ross Goodman

520 S 4th St,

Las Vegas, NV 89101

Phone: (702) 383 – 5088

Fax: (702) 385 – 5088

Domestic Violence is one of the most recurring cases in Nevada. Nevada Network Against Domestic Violence (NNADV), reported that there were over 38,000 victims of Domestic Violence in Nevada for this year. And that value represents only the reported cases. If you know someone who is a victim or charged with domestic violence, it is of utmost importance that they hire the best domestic abuse lawyer in Las Vegas. Attorney Ross C Goodman, will handle your domestic violence case with care as domestic violence can be extremely complex and sensitive. Hiring a good lawyer will be beneficial and advantageous in the long-run.

This article will be divided into several parts. The goal of the article is to explain domestic violence in layman terms.

Nevada Revised Statutes Definition

Domestic Violence occurs when a person commits a violent acts against another person in the same household. It can be against any person that is related by blood such as children, spouse and parents, or other person that the subject is having dating relationship with. The term “dating relationship” pertains to frequent intimate sexual or affection involvement with another person. It does not include casual relationships such as relationship with friends, co-worker, classmates and so forth.

Here is the list of violent acts according to our NRS:

• Battery – this means the use of unlawful force against other person.
• Assault – this is the unlawful attempt to use force against another person; or intentionally placing another person in harm.
•  Battery vs Assault – Assault is only an “attempt” to use force against another person. It can be a punch that missed, a kick that missed, or any attempt to intentionally harm a person. Battery means that the action to harm the person has been done.
• Threatening another person
  
• Sexual Assault
  
• Intentional or reckless harassment – NRS defines harassment as “to cause physical damage to the property, to hinder or cause negative impact on the daily routine of the person, to do any act that harms the physical and mental health of the person and to cause fear to another person.” These actions includes:
  
  • Arson – defined in NRS as “to have set fire to a building, structure or any property of another person.” It can be done by the person or an accomplice. It has certain degrees attached to it.
    
    • First Degree Arson – burning of an occupied or un-occupied personal property.
      
    • Second Degree Arson – burning of an “abandoned” building that is owned by the person.
      
    • Third Degree Arson – Burning of unoccupied property that has a value of $25 or more, property owned by the person that has legal interest, or crops, trees, grass, vegetation, or other flammable materials that the person owns.
      
    • Fourth Degree Arson - is an attempt to set fire to the properties mentioned above. Fourth degree arson includes people who aided in the attempt.
      
  • Trespassing - this is defined in the NRS as “any person who goes upon the land or into any building of another person with the intention to annoy or cause distress or wilfully goes to the land or building of another person after being warned by the owner not to trespass”
    
  • Stalking – an action that causes another person to feel frightened, terrorized, harassed, or fearful for their safety is classified as stalking.
    
  • Larceny – Intentionally stealing, taking, carrying, driving or leading away of another person's property.
    
  • Destruction of property – intentionally breaking other person's properties such as vases, electronics, windows, etc.
    
  • Injuring or killing another person's animal.
    
  • Carrying a concealed weapon without a permit.
    

This article serves as a user-friendly guide. The definition and acts that constitute domestic violence is based on our Nevada Revised Statutes. Examples of Battery, Assault, Stalking, Larceny will be discussed on the next part of the article. If you have further questions or inquiries regarding domestic violence. You may contact Goodman Law Group at (702) 383 – 5088 for free consultation.