Power and Control in Domestic Violence

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

Power and Control Wheel

The power and control wheel was developed in 1982 by the Domestic Abuse Program in Minneapolis to explain the nature of abuse, to delineate the forms of abuse used to control another person, and to educate people with the goal of stopping violence. (source: Wikipedia)

Why does a person choose to abuse?

Basically, a person chooses to abuse someone for power and control.  By using different strategies, an abuser is able to gain and maintain control over a victim.

Here are some ways on how power and control is used in domestic violence:

Emotional Abuse

This is also known as psychological abuse or “chronic verbal aggression” by researchers. 

Common examples:

·         Improper name calling

·         Constant criticism

·         Belittling the victim’s abilities and competency

·         Jealousy

·         Accusations of imagined affairs

·         Insults

·         Withholding affection

·         Putdowns

·         Silent treatment

·         Threats to friends/family

·         Public humiliation

·         Manipulating the victim’s feelings and emotions to induce guilt

·         Blaming the victim for the abuse

·         Verbally abusing the victim

·         Threatening to “out” partners in the GLBT community

·         Subverting a partner’s relationship with the children

·         Repeatedly making and breaking promises.

Physical Abuse

This is defined as the use of physical force that may result in bodily injury, physical pain, or impairment.

Examples:

·         Hitting

·         Grabbing

·         Smacking

·         Pinching

·         Kicking

·         Shoving

·         Biting

·         Slapping

·         Burning

·         Arm-twisting

·         Pushing

·         Punching

·         Restraining from leaving a room/house

·         Hitting or threats with objects or weapon

·         Strangulation

·         Stabbing

·         Shooting. 

Sexual Abuse

This involves attempting to coerce any sexual contact without the consent of the victim.

Examples:

·         Marital rape

·         Acquaintance rape

·         Forced prostitution

·         Forced sex after physical beating

·         Criticizing sexual performance

·         Unwanted sexual acts

·         Forcing unprotected sex/pregnancy

·         Fondling

·         Sodomy

·         Sex outside the relationship – putting the victim at risk for disease.

Financial Abuse

This involves misuse of a person’s money, property or assets through theft or fraud.

Example

·         Having total control over the victim’s earned income

·         Having total control over victim’s public assistance or social security

·         Being forced to work

·         Having no access to money

·         Being given an allowance

·         Forbidding attendance at school

·         Forbidding employment

·         Not having any say in how the money is spent

·         Having to beg or ask for more money

·         Forced welfare fraud

·         Withholding information about family running up bills for which the victim is responsible for payment, having to do favors for money.

Are you accused of being responsible to any of these forms of abuse? Hire a domestic violence attorney right away! Atty. Ross C. Goodman is one of the most prominent and the most experienced Las Vegas domestic violence lawyers.  Call him at (702) 383-5088 or visit his office for a free legal consultation.

The Criminal Court Process in Las Vegas Nevada

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

A criminal case like domestic violence takes a long process in Nevada. That is why you need to hire an excellent and Experienced Domestic Dispute Attorney who can guide you in this drawn-out process. Here are the phases that explain the criminal court process in Las Vegas, Nevada:

Arraignment

The Arraignment is the first appearance of the defendant in court once a criminal case has been formally filed against him/her. The person will be notified of the criminal complaint against him/her. The defendant is required to give a plea, whether it is “guilty”, “no contest” or “not guilty”. Then, the next court date will be scheduled which might be for a pretrial, preliminary hearing or a trial.

Pretrial Conference

A pretrial is when the District Attorney provides the defense attorney with all the evidences that they plan to use against the defendant during trial. If there is any evidence beneficial to the defendant, the DA needs to hand it over. The DA and the defense attorney will consider a plea bargain. It is when the defendant agrees to plead “guilty” or “no contest” to reduce the charges and/or penalties. If the judge approves the plea bargain, the domestic violence case goes directly to the sentencing phase.

Preliminary Hearings                                                            

When the domestic violence case is considered a felony, a preliminary hearing happens. This is a vital phase as it can help the judge determine whether the evidences are sufficient to proceed from justice court up to district court (where felony cases are handled). Additionally, it helps the defense prepare for a trial as it can give a preview of the DA’s case. The judge may either discharge the case or let it be “bound over” to the district court.

*Bound over - the judge has released a discovery that there is a “probable cause” to proceed.

Trial

If the case is not dismissed or settled by plea bargain, it proceeds to a trial. The victim and the other witnesses will be given a subpoena to testify in court on the scheduled trial date. Depending on the case, the trial may either be a “bench trial” or a “jury trial”. A bench trial is when the ruling judge declares the verdict, while a jury trial is when a group of local citizens in Nevada is asked to sit during a trial and render the verdict. All the evidences provided by both parties will be heard by the judge and/or the jury and then decide whether the defendant is guilty or not guilty.

Note: Only those cases who are facing more than six months in jail are allowed to have a jury trial.

Sentencing

The judge will enforce the right sentence based on the guidelines formed by the Nevada Revised Statute (NRS) if the defendant pleads guilty or is found guilty at trial. The sentence depends on the level of domestic violence charges, from misdemeanor to felony cases. It may include fines, imprisonment, community service and counseling.

If you are facing domestic violence charges, Atty. Ross C. Goodman can assist you in the whole criminal court process. He is an experienced domestic violence lawyer in Las Vegas who specializes in criminal defense. Just call (702) 383 – 5088 for more information.

Domestic Violence an In-depth Explanation Part 4-A: Arson as Harassment

Arson can happen in a domestic setting. It is considered as a form of Harassment – either the offender forces his partner to submit to his will or his biddings. Let us deeply analyze the Arson law in Nevada.

According to NRS 205.005, the legal definition of Arson is “a person who willfully and intentionally sets fire to, burns, causes to be burned, or persons who aids, counsels, or procures the burning of any building, structure or property.”

The act of intentionally setting fire

Any person is considered to have “set fire to” if any part of a building, structure or property was scorched, charred or burned. The size and the extent of the burn was not stated. This means that even a minor burn can get a person charged with Arson.

Person who aids, counsels, or procures the burning

A person can be charged with Arson by just helping someone to facilitate the burning. These actions include: convincing someone to burn a property, giving advises what to burn, devising a plan with the main offender, providing the materials for the burning such as gasoline, explosives, lighters, etc.

Burning of any building, structure or property.

The list of properties specifically mentioned in the NRS are:

Dwelling house or other structures
Mobile homes
Any personal property that is currently occupied by one person or more.
Unoccupied property which has a value of $25 or more.
Unoccupied property owned by the offender which the victim has legal interest in. An example of this is a joint-property.
Timbers, shrubs, grasses or vegetation that are not owned by the offender.
Any Flammable materials

There are 4 degrees of Arson in Nevada. The degrees are classified depending on the property that has been burned, and the action done. Each degree has different penalties. If you know someone who is charged with Domestic Violence by Arson, tell him to hire Attorney Ross C Goodman. He has a good reputation when it comes to defending Domestic Violence cases. He can formulate the best defense strategy, may reduce the charges against the offender, or even convince the court to dismiss the Arson case. 

 First degree

This degree of Arson is done in a home – whether mobile or not, or any part of the home, and any personal property which is occupied by a person or more. Arsons that fall under this degree are charged with Category B Felony. It is punishable with imprisonment between 2 to 15 years and a fine of not more than $15,000.

Second degree

Any person who commits Arson and any of his or her accomplice on any abandoned building or structure will be charged with second degree arson. This degree also falls under Category B Felony. It is punishable with imprisonment of not less than 1 year but not more than 10 years, plus fines amounting to not more than $10,000.

Third degree

This degree of Arson is done in any unoccupied personal property that has a value of 25$ or more or unoccupied personal property of the offender which the partner has a legal interest. It involves any kind of plant and flammable material. Arsons that fall under this category are charged with Category D Felony. Category D Felony is punishable with imprisonment between 1 to 4 years plus fines of not more than $5,000.

Fourth degree

People who attempted to commit arson, or who attempted to aid, counsel or procure the burning fall under the fourth degree of arson. People who supply the offender with explosives, combustible materials or flammable materials also fall under this category. Fourth degree offenders will be charged with Category D Felony that is punishable with imprisonment of not less than 1 year but not more than 4 years and fines of not more than $5,000.

Additional Penalties

The court may order the offender to pay for the following:

Court costs
The cost of investigation and prosecution
The cost of fire-related services of the crime

Goodman Law Group

Goodman Law Group is the number one criminal defense lawyer in Las Vegas. We have extensive experience when it comes to defending crimes such as:

Domestic Violence
DUI
Assault
Drug trafficking
Casino markers and more.

We provide free legal consultations. Kindly reach us here:

Attorney Ross Goodman

520 S 4th St,

Las Vegas, NV 89101

Phone: (702) 383 – 5088

Fax: (702) 385 – 5088