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Las Vegas Domestic Violence Lawyer | Clark County Family Abuse Lawyer

Domestic Violence

A heated family dispute can turn into a lifetime of consequences if reported as domestic violence. Whether you are a longtime Clark County resident or a visitor to Las Vegas, a criminal charge for family abuse can have very broad repercussions. You could lose your job, your home, custody of your children, and more.

If you face domestic violence charges, it is crucial that you act right away. An attorney can represent you both on the criminal charges and any hearings for protection orders that may accompany them.

Las Vegas Domestic Violence Lawyer

Jeffrey Jaeger is an experienced defense attorney who literally wrote the book on evidence in Nevada. As co-author of Westlaw’s Courtroom Handbook of Nevada Evidence, Jeffrey has an in-depth understanding of the process. He knows how to challenge evidence and fight to get domestic violence charges reduced or dismissed.

Being accused of domestic abuse can feel isolating, especially when a loved one makes the accusation. Jeffrey Jaeger will put his knowledge and experience to work for you, fighting for your rights and seeking the best possible results.

If you are accused in Clark County, including Las Vegas, Henderson, or North Las Vegas, call (702) 816-3888 today to set up a free consultation.

Overview of Domestic Abuse Law

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Definition of Domestic Violence

Under Nevada Revised Statutes 33.018, a wide range of acts can occur that can be considered “ (there are no closing quotes)domestic violence if the accused and the victim have a certain relationship. Those types of relationships include:

  • Spouse;
  • Former spouse;
  • Any person related by blood or marriage;
  • Any person residing with the accused;
  • Any person with whom the accused has or had a dating relationship;
  • Any person with whom the accused has a child; and
  • Son or daughter.

Common offenses involving domestic violence can include:

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Order for Protection

If charged with any crime that could be classified as domestic violence, you are likely to also face an Order for Protection. An order can:

  • Keep you from the victim’s residence, even if it is also your home;
  • Prevent you from going to the victim’s school or workplace, even if it is also your school or workplace;
  • Change child custody arrangements;
  • Prevent you from having your pet; and
  • Prohibit you from even speaking to the victim.

A protective order for domestic violence can be either “temporary” or “extended.” A temporary order can last up to 45 days, and you have no chance to contest it. Within the 45 days, if the victim seeks an extended order, the Court must have a hearing. At the hearing, you can be represented by an attorney, who can explain why an extended order is not warranted.

Violations of a protective order are a crime in itself. If you have a protective order against you, even a temporary one, it is critical that you follow it. Remember, if you call the victim, even to seek dropped charges or make living or family arrangements, you may be violating the order and face new charges. Seek the advice of an attorney.

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Delay on Bail

If a loved one has been arrested for battery that constitutes domestic violence, he or she must wait in the Clark County Detention Center, Las Vegas Detention Center, Henderson Detention Center or other jail at least 12 hours before being eligible to be released on bail per NRS 178.484(7). If he or she is not heard by a magistrate in that 12-hour period, bail is automatically set at:

  • $3,000 if there are no prior domestic violence conviction, and there was no substantial bodily harm or strangulation;
  • $5,000 if there is one prior conviction or the charge involves substantial bodily harm or strangulation; or
  • $15,000 if there are two prior convictions or one conviction of domestic violence that involved substantial bodily harm.

However, the magistrate could call your loved one and set bail that is more or less, or they could deny bail entirely. It is never too early to call an attorney, who may be able to help obtain a lower bail and can immediately start working on your loved one’s case.

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“No Drop” Policy for Clark County District Attorney

Domestic violence cases can arise out of a wide variety of situations. In some cases, the alleged victim calls police during a particularly heated argument, when in fact, nothing meeting the description of domestic violence has taken place. The victim may often regret the call later and does not wish to seek charges against the accused.

In other cases, the victim did not call police at all. A neighbor in the next home, apartment or hotel room may hear a disturbance and call believing some sort of violence was occurring. The police may arrive and take a person into custody believing that he or she is the perpetrator.

However, the choice of whether or not to press charges does not belong to the victim. The Clark County District Attorney chooses whether or not to pursue charges. An assumption among prosecutors is that the victim, once retracting their accusations, will return to their abuser and be victimized again. Therefore, the District Attorney will not drop the charges because the alleged victim no longer wants to pursue charges or never sought to pursue them.

An attorney, however, may be able to help. An attorney may be able to work with the victim and prosecutors to get the charges reduced or dismissed.

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Collateral Consequences of a Domestic Abuse Charge

If convicted of a domestic violence offense, you may face jail time, fines, court costs, probation, and other penalties that typically come with a criminal charge. However, domestic violence offenses carry other dramatic and difficult consequences.

For instance, you will lose your right to carry a firearm for any purpose under federal law for even a misdemeanor domestic violence offense.

There are significant family law repercussions of a conviction. For instance, under NRS 125C.230, there is a rebuttable presumption that sole or joint custody is not in a child’s best interest if the parent has a conviction for child abuse.

Any domestic violence conviction can have profound effects if you are not a citizen. Domestic abuse is a “removable offense,” meaning you can immediately be placed in deportation proceedings if convicted.

It can also have an effect on whether you can obtain a visa, renew a visa, or enter the United States. For instance, if you are an international visitor and are either convicted of a domestic offense or there is a warrant out for your arrest for a domestic violence charge because you skipped court, you may not be able to return to Las Vegas or anywhere else in the United States for business, pleasure, or to see family.

Even if you are a U.S. citizen, a conviction can affect your ability to travel and move to other countries.

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Resources for Domestic Violence Charges

Las Vegas Metropolitan Police Department Domestic Violence Unit: The Las Vegas Metropolitan Police Department Domestic Violence Unit that investigates cases pertaining to domestic abuse allegations in the city. If you need to speak with a detective or a victim advocate, call (702) 828-445.

S.A.F.E. House: S.A.F.E. House is an organization committed to stopping violence and abuse in the family environment by providing safe shelter, support, advocacy, counseling, and education. The organization was established in 1994 by a group of community leaders concerned about the needs of battered women and their children.

Nevada Department of Human Health and Services: Child Protective Services, a program within the Division of Child & Family Services, investigates allegations of child neglect and abuse and focuses on protecting children from harm or the risk of harm.

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Finding A Domestic Abuse Attorney in Clark County

You don’t have to face these consequences alone if accused of domestic abuse. Your attorney can identify every available defense. The Clark County District Attorney must prove every element beyond reasonable doubt. A Las Vegas domestic violence lawyer who understands evidence can challenge his or her case and seek reduced or dismissed charges. Jeffery Jaeger knows evidence and will work hard for you. Call (702) 816-3888 today to schedule a free consultation.