Have questions about your domestic violence charges? Read helpful answers provided by the domestic violence attorneys of De Castroverde Law Group or contact our team at (702) 383-0606 to discuss your case!
What constitutes as domestic violence?
While domestic violence charges often result after loud or violent fights between couples, there are actually four main types of domestic violence offenses.
- Physical abuse involves inflicting bodily harm upon a family member or close relation through such actions as hitting, slapping, pushing, punching, choking, biting, kicking, etc.
- Verbal abuse involves threatening to commit physical harm or constantly berating or using demeaning or derogatory language toward the victim.
- Sexual abuse involves any instances of unwanted sexual contact and can even occur between spouses.
- Emotional abuse involves using controlling, intimidating, or isolating behavior toward the victim.
Can domestic violence charges be dropped?
Unlike many other criminal cases, a victim who alleges domestic abuse cannot later recant their accusations and drop the charges against the defendant. Although the prosecutor may choose to drop the charges for one reason or another, they may not drop charges because the victim asks them to do so. The prosecutor may decide to continue pursuing the charges if they believe any of the following:
- The victim wants to drop the charges out of fear of the defendant
- The victim wants to drop the charges out for fear of retaliation from the defendant or other family members
- The victim doesn’t want to move forward because they are embarrassed to be known as a domestic violence victim
- The victim wants to drop the charges because the defendant is the bread winner and they cannot afford to have them incarcerated
What happens if I am served a protective order?
Depending on the type of protective order issued against you, your life could be impacted in a number of ways. The protective order could forbid you from having contact with the victim or other family members, prohibit you from entering your home, cause you to temporary or permanently lose custody of your children, or force you to surrender all firearms, among other things.
If a temporary or extended order has been issued against you, contact a domestic violence lawyer right away to ensure your rights are protected and that you receive strong defense.
What are the penalties for violating an order of protection?
The consequences for violating a protective order can be very severe, and vary according to the type of restraining order violated. If you have violated an order of protection in Las Vegas, do not wait to enlist the defense of a knowledgeable attorney as soon as possible. Some of the penalties include:
- Violating restraining orders against domestic violence
- Up to $1,000 in fines
- Incarceration in county jail for up to 6 months
- Violating a temporary protective order against stalking, harassment, sexual assault, or child abuse
- Gross misdemeanor
- Up to $2,000 in fines
- Incarceration in county jail for up to 1 year
- Violating an extended restraining order against stalking, harassment, sexual assault, or child abuse
- Category C felony
- Up to $10,000 in fines
- Incarceration in state prison for 1 to 5 years
Will I still be able to see my children if I’m accused of domestic violence?
One of the most devastating consequences of domestic violence charge is the impact the allegations can have upon a parent’s relationship with their children. Whether or not you are barred from seeing your children because of a domestic violence charge depends upon the specific circumstances of your case. You could be prohibited from seeing your children or lose custody temporarily or permanently if certain protective orders are issued against you.
In some cases, even if the defendant is convicted of domestic violence against a spouse, partner or relative, their visitation and custody rights are restored over time. Because every situation is different, it is very important that you speak with an attorney as soon as possible if you are concerned that you may lose your children or be denied contact with them.
What constitutes as child neglect in Nevada?
Child neglect is broadly defined as abandonment or failing to provide a child with necessary and proper food, shelter, supervision, medical treatment, or care. This charge is different from child abuse, in that child abuse charges are made against a defendant for intentionally causing or allowing a child to sustain unjustifiable physical harm or mental suffering. The penalties for conviction of child neglect are based upon whether the child did or did not sustain bodily or mental harm.
- If the neglect results in bodily or mental harm to a child, the defendant is guilty of a Category B felony, punishable by 2 to 20 years in a state prison.
- If the neglect does not result in bodily or mental harm to a child and the defendant has not prior record for such an offense, they are guilty of a Category B felony, punishable by 1 to 6 years in a state prison.
- If the neglect does not result in bodily or mental harm to a child but the defendant has prior convictions for such an offense, they are guilty of a Category B felony, punishable by 2 to 15 years in a state prison.
I am falsely accused of domestic violence. What can I do?
If you are facing false accusations of domestic violence, it is absolutely imperative that you obtain the representation of an experienced defense lawyer as soon as possible. Your lawyer can assess the factors of the case to determine whether your rights have been violated and build a comprehensive defense that powerfully challenges the false allegations made against you. Do not try to fight these accusations alone; make sure you have a powerful legal advocate on your side.