Who Gets Charged for Domestic Violence?

The common perception of Domestic Violence is two people living together where the man is assaulting or battering the female. This scenario leads the arrests, but actually, violent actions from the woman, man, either spouse or even a roommate fall into the definition of NRS 33.018.

The language makes it clear: Domestic Violence occurs when “ someone commits one of the following acts against or upon his spouse, former spouse, any other person to whom he is related by blood or marriage, a person with whom he is or was actually residing,” and a person in a dating relationship, and their children and pets.

The definitions of relationships in this statute refer to serious ones with no concern as to whether they are short term or long. Assault, battery and all of the charges of Domestic Violence pertain to the roommate situation just as it refers to a marriage relationship. Where a roommate may be assaulted and physically battered by the other, the aggressor will be charged with Domestic Violence and not a case of simple battery.

In Las Vegas, the punishments in a Domestic Violence charge are harsh. Typically, they include six months mandatory counseling, jail time, loss of rights as a gun owner, fines and/or probation.

Domestic Violence carries a presiding motive behind the action, and it is one of control over the other person. If two people living together are involved in a fist fight, chances are that neither would be charged with Domestic Violence. The charge lies where the control is. For any questions, call Potter Law Firm.