Similar to most states in the United States, the state of Nevada has laws against acts of domestic violence which are meant to protect persons who share domestic relationships from being subjected to violence and victimized by another party to that domestic relationship. The state of Nevada, however, has policies that mandate when arrests must be made in domestic violence incidents and when charges cannot be dismissed against a defendant by a prosecutor. These rules are in place to ensure that the protection that the domestic violence laws are supposed to offer have a chance to take effect. Thus, Nevada does not allow instances of domestic violence to be swept under the rug. If you have been charged with a domestic violence offense in the Reno, Nevada area, you need a top notch Reno criminal defense attorney such as Ken McKenna, Attorney at Law.
Types of Relationships That Are Covered by Nevada Domestic Violence Law
Nevada domestic violence law covers both currently married couples and formerly married couples. In addition, persons are currently or were formerly dating or who have a child in common are also covered by the laws. The laws also cover people who are in a cohabitating relationship, are roommates, or are otherwise living together or who formerly lived together. People who are related by either blood or marriage qualify for the protection of the domestic violence laws as well. Furthermore, a child of any member of one of the aforementioned relationships who is under the age of eighteen is covered by the domestic violence laws with regard to others as well as any person who is appointed as guardian of the minor child.
Acts Which Qualify as Domestic Violence
The crimes of battery and assault, when committed against someone with whom a person has a relationship that is covered by the domestic violence laws, both qualify as domestic violence. In addition, using threats or force to compel the victim to act in a way that is against his or her will qualifies as domestic violence. Furthermore, certain acts of harassment qualify as domestic violence in Nevada. Sexual assault, false imprisonment, and forcibly entering the victim’s dwelling with the intent of or known possibility of causing the victim harm are all acts that fall into the category of domestic violence. If you have been accused of committing any of these acts, it is your best interest to hire an experienced and reputable criminal defense attorney in Reno, Nevada.
Being Arrested and Charged
In Nevada, a person who is believed to have committed a domestic violence battery in the past 24 hours must be arrested by the police even if the police do not have an arrest warrant. Thus, the normal requirement that the police obtain a warrant before making an arrest of a person in his or her home does not apply. Furthermore, a prosecutor can only dismiss the domestic violence battery charge if there is insufficient evidence to prove the defendant’s guilt. Thus, prosecutors cannot offer to let a person who has been charged with a domestic violence battery offense plead to a lesser charge nor can they let the person off with a warning.
You Need a Knowledgeable Criminal Defense Attorney
If you or anyone you know has been arrested and charged with a domestic violence offense, you need the services of a top notch Reno criminal defense attorney such as Ken McKenna, Attorney at Law on your side to help you win your case. For further information or to schedule an appointment please contact the law office of Ken McKenna at 775.329.6373 or visit www.KenMcKenna.com.