BATTERY DOMESTIC VIOLENCE

Essentially, any family or other close relationship, such as:

• Spouses, whether current or former;
  
• Any relatives, whether related by blood or marriage;
  
• Significant others, whether current or former (this includes co-parents of a child);
  
• Housemates, even if not romantically involved;
  
• The victim is under the guardianship of the accused.

Is there anything else I should know?

It is very important to understand that Battery Domestic Violence can also be charged as a federal crime.

The federal charge of Battery Domestic Violence is similar to the Nevada State Crime, but has two additional elements:

• The accused either travelled across state lines, either to or from Nevada as a part of the crime; and
  
• The accused and the victim need to be involved in a current romantic relationship.

It is important to note that under the federal law, exes cannot be charged with Battery Domestic Violence. Guardianship is also an improper relationship for a Battery Domestic Violence charge.

There are two other issues that you should be aware of:

• Restraining Orders – Victims of BDV often seek to get Restraining Orders against the accused. Restraining orders are extremely routine in Nevada. There are two types:
  • Temporary protective orders (TPOs) which may last up to 1 months; and
  • Extended protective orders, which may last for up to one year.
• Restraining Orders are often granted in without even hearing the accused’s side of the story. Generally, the accused will then request a hearing after the order takes effect.

Please Note: The accused will be required to surrender their firearms.

Please Also Note: Violation of a restraining order are a misdemeanor and will carry penalties of up to 6 months in jail and/or up to $1,000 in fines.

• BDV charges can have drastic ramifications in child custody disputes. Courts will be hesitant to award custody rights to a parent with a BDV conviction.

Without going through the entire legal definition of “battery,” this is nothing more than a touching that the accused did not have reason to commit, and the victim did not want.

Please Note: A battery does not require injury, or even personal contact. A puff of smoke, blown directly into someone’s face, can be considered a battery.

Please Also Note: Even if the contact is unintentional, so long as the “act” was intentional, a battery has been committed. A punch thrown with the expectation that it would miss is still a battery if it, in fact, connects with the victim.

Often, the victim of Domestic Violence will either not want to press charges, or will take back or “recant” what they said.

However, prosecutors can still continue with charges against the accused. Generally, if someone accuses their significant other, spouse, or guardian of domestic violence, prosecutors will assume that the original accusations are true and will likely suspect that the accuser recanted because:

• They made up with the accused and does not want to further anger them or see them prosecuted;
  
• They are afraid that they will have to testify in court;
  
• They are afraid of the ramifications of prosecuting the other person, either because they need the accused out of jail to help support the family or because they are afraid of what friends or family of the accused may do to them.

If the prosecutor believes that they have enough evidence to proceed with the BDV charges against the accused in order to protect the victim from further abuse. Unfortunately, if the victim recants, it often means that there will not be enough evidence to prosecute the accused.

Please Note: If the prosecutor subpoenas the victim and the victim chooses not to show up to the trial, the Judge has the ability to issue a bench warrant. Similarly, if the victim will not testify, then the Judge has the ability to hold the victim in contempt of court. Generally, however, Judge’s are not likely to issue such warrants or hold victims in contempt of court.

Please Also Note: If the victim gives a statement to the police and then at trial the victim provides a different story, then the prosecutor can enter your original statement into evidence as a “prior inconsistent statement.” This will allow the Judge to consider both statements when ruling.