2.10.2014

Battery Domestic Violence and Temporary Protection Orders in Nevada

Written by: The Law Offices of Garrett T. Ogata

Battery domestic violence is an enhanceable charge in the state of Nevada.  It can range from a misdemeanor charge of 2 days or up to 6 months in jail or it can be a felony charge of at least one year in prison and beyond depending on the facts.  It all depends on how many battery domestic violence charges one has within a 7 year period or if there was any aggravating circumstances that raised it to a felony charge.

A battery domestic violence is committed when one willfully and unlawfully uses force or violence upon the person of another who happens to be in a relationship with the attacker.  The types of relationships are:

  • A spouse or former spouse;
  • Any person related by blood or marriage;
  • Any person residing with the alleged perpetrator;
  • Any person the alleged perpetrator is dating or has dated;
  • Any person who has a child with the person accused;
  • Any minor child of the alleged victim;
  • The minor child of the accused;
  • Any person that is the legal guardian or custodian of the child of the accused.

Your 1st battery domestic violence conviction within a 7 year period is treated as a misdemeanor and can carry 2 days to 6 months in jail, community service, fines of up to $1000.00 and domestic violence counseling for 6 months.  If you are charged with a 2nd battery domestic violence within a 7 year period it is still treated as a misdemeanor offense, but carries a minimum 10 days in jail to a maximum 6 months and the fines and requirements typically double, therefore counseling for 1 year.  If you receive a 3rd battery domestic violence conviction within a 7 year period then you will be charged with a category C felony.  A Category C felony carries a 1 to 5 year prison sentence along with fines of up to $10,000.  Also once a felon you will always be a felon and you will lose many of your Constitutional rights.

Regardless of the 7 year period, if you are charged with a battery domestic violence that involves strangulation, a deadly weapon, or substantial bodily harm then this will be charged as a felony and will carry even harsher prison terms.  You do have rights and possible defenses to a charge of battery domestic violence.  You should always consult with an attorney to discuss the charges and your facts.

If you are a victim of battery domestic violence you may want to file a temporary protection order or even an extend protection order.  You can do this by going to the District Family Court Division and asking the Clerk for the proper forms to fill out and file. If you are filing a protective order for harassment, stalking, sexual assault or similar matters contact go to the local Justice Court and file a TPO.  If it is an emergency call the police.  You may also want to consider other services such as Safenest.org if you are a victim or are trapped in an abusive relationship.

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