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.

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 Conviction Repercussions

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

Being charged with domestic violence is different from being convicted. There are certain consequences of being formerly convicted in a civil or criminal charge. This is the reason why you should hire an experienced domestic violence lawyer who can defend you in court. Here are some of the repercussions of being convicted of a domestic violence case:

·         Loss of child custody or visitation rights      

         
This would be applicable if the person convicted has a child or children. One of the major factors that the court considers in determining the visitation rights and custody is whether one of the parties has a history of domestic violence. The court always considers what is best for the children, especially because they are minors.

·         Not having more employment opportunities     

Although there are just a few restrictions on hiring a former convicted individual, some employers are hesitant to hire people who were once convicted. It would also be difficult for them to find jobs because their options are limited.

·         There could be no chance of possessing firearms again 

Offenders, especially those who have been issued with restraining orders, are usually restrained from firearm ownership or possession. This could be a problem for people whose job descriptions require firearms (e.g. police officers, security guards, etc).

·         Revocation or denial of certain state licenses    

There is a possibility that a person convicted of domestic violence may lose certain licenses and certificates such as professional licenses or business licenses. There is also a possibility that these important licenses and certificates can no longer be renewed in the future.

·         Issuance of criminal law restraining order           

If there are allegations of domestic violence, criminal and family courts automatically issue restraining orders to the accused to protect the victim. This could mean that the convicted would be spared of his liberty since he would be restrained from going to certain locations.

Atty. Ross C. Goodman is one of the best domestic violence lawyers in Las Vegas. He specializes in criminal defense. He has the highest record of “not guilty verdicts” in Las Vegas. If you need his help, just call (702) 383 – 5088. You may also visit his office at 520 South 4th Street, Las Vegas, NV 89101.

Domestic Violence an In-depth Explanation Part 3: Sexual Assault

Attorney Ross Goodman

520 S 4th St,

Las Vegas, NV 89101

Phone: (702) 383 – 5088

Fax: (702) 385 – 5088

Domestic Violence may come in a form of sexual assault. According to Nevada Revised Statutes 200.366, the legal definition of Sexual Assault is “the act of forcing another person to make a sexual penetration, either on himself, herself or to another person, against the will of the victim, or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his or her conduct.”

Let us thoroughly discuss the law. Domestic Violence by Sexual Assault is:

·         Forcing your partner for sex. Against the will of the victim.

Any act that forces the other person to submit into a sexual act constitutes as Domestic Violence by Sexual Assault. The law did not specify whether the act should be physical or not. Since there are no specifications, we can conclude that the law covers “all” actions. Some examples of these acts include: forcibly undressing the person, tying the person, using threats, blackmails, etc.

·         The perpetrator knows that the victim is mentally or physically incapable of resisting.

The NRS states that “the perpetrator should know”. This means that there should be an “intention”. A possible defense for this type of case is either the offender is mentally ill or he doesn’t know what he is doing. I.E. under the influence of drugs or alcohol.

The victim is incapable of resisting if the offender is stronger than the person, there is a reward or threat involved, the victim is mentally ill, etc.

Penalties

Domestic Violence by Sexual Assault carries harsh penalties. The graveness of the penalties depends on several factors. For example: A sexual assault that resulted in an injury has harsher penalties. If you are charged with Domestic Violence by Sexual Assault, consult immediately with a domestic violence lawyer like Ross Goodman. He has extensive experience when it comes to defending Domestic Violence Charges. Here are the penalties for Domestic Violence by Sexual Assault:

• Any person who commits Domestic Violence by Sexual Assault will be charged with Category A Felony. It is punishable by life imprisonment with possible parole after serving 10 years in prison.

• If the victim suffers substantial bodily harm (Injury), the judge may punish the offender with life imprisonment with or without parole. The parole is possible after serving 15 years in prison.

•  If the victim is under 16 years old, the offender shall be charged with Category A Felony. This is punishable of life imprisonment with possible parole after serving 25 years.

• If the victim is under 16 years old and suffered substantial bodily harm, the offender shall be punished with life imprisonment without the possibility of parole.

• If the victim is under 14 years old, the offender shall be punished with life imprisonment with possible beginning when 35 years has been served.

Goodman Law Group is managed and owned by Attorney Ross C. Goodman. The firm has handled numerous criminal defense cases with positive results. Contact the firm at (702) 383 – 5088 for a free consultation.

Domestic Violence: The Different Examples of Indirect Domestic Violence

Did you know that a person can be charged with domestic violence even without physical contact? According to Nevada Revised Statute, domestic violence can still occur on emotional and verbal levels of abuse and other indirect non-physical actions. Using threats, profanities or actions with the intention to intimidate or control another person is also a form of “Domestic Violence.”

Listed below are some examples of Indirect Domestic Violence:

• Verbal Threats – these are threats that are meant to limit the other person from doing his or her daily routine, or to imply fear. I.E. threatening to hurt the children if the person does not comply with the rules, threat to destroy property, threat to physically hurt the person and so forth.

• Name calling – Calling the partner with offensive names can get a person charged with domestic violence.

• Limiting access to basic needs – this situation usually happen if the offender is the primary source of income of the household. The offender can limit the budget to food, clothing, allowance, medication or utilities expense. Examples are hiding the car keys, disconnecting the internet wi-fi intentionally etc..

• Insults or ridicules – an insult that is meant to emotionally hurt the person is a form of domestic violence.

• Monitoring phone calls, letters, mails, social media accounts, etc – this is an act of stalking. Stalking is considered as a form of domestic violence.

• Forcing the partner to make biased decisions – examples are choosing between friends and the partner, choosing between the side of the partner or the family, choosing where to stay, etc.

• Lying or making-up stories in order to manipulate the partner, or to make confusion.

The examples listed above can get a person charged with domestic violence. If you are charged with domestic violence. Contact a prominent domestic abuse attorney in Las Vegas to defend your case. Attorney Ross Goodman has defended numerous cases of Domestic Violence. He will analyse, review and formulate a defense strategy for your case. Contact Goodman Law Group using the details below:

Attorney Ross Goodman

520 S 4th St,

Las Vegas, NV 89101

Phone: (702) 383 – 5088

Fax: (702) 385 – 5088