Pursuant to Nevada Revised Statutes section 33.018, those who are protected under the state’s domestic violence statute are broadly defined. For purposes of convenience, a protected person might be a:
- Family member
- Current or former spouse
- Current or former boyfriend or girlfriend
- The parent of a common child
- A present or former housemate
- A minor child of any of these people
- A legal guardian of a minor child
Nevada’s battery domestic violence statute provides for criminal prosecutions of alleged violations of it, and it also provides a remedy of a protective order for victims. Examples of battery domestic violence against a protected person might consist of:
- Shoving, slapping or punching a former spouse, boyfriend or girlfriend
- Throwing an object at him or her
- Choking him or her
- Sexual assault
- Destruction of his or her separate property
A first conviction of domestic violence battery is a misdemeanor punishable by a minimum of two days in jail, a fine of $200 and 48 hours of community service. A second conviction carries a minimum of 10 days in jail, 100 hours of community service and a fine of $500. A third conviction carries a felony record with one to five years in prison and a $10,000 fine. Of course, domestic violence counseling will also be required. Other sentencing considerations apply if the crime is against a child and the court determines that the child needs treatment, or the crime involves strangulation.
Nevada legislators, judges and prosecutors take domestic violence very seriously, but they also recognize that there are defenses to these types of cases. Just one of those defenses is that the entire story was fabricated by the alleged victim, and his or her injuries were self-inflicted. Preserve and protect your rights by contacting us right away about any allegations involving battery domestic violence.