Domestic Violence Attorney Las Vegas

What Is Domestic Violence?

Domestic violence refers to a pattern of abusive behavior – physical, emotional, psychological, or sexual – used by one person in a relationship to exert power and control over another. Additionally, as defined by NRS 200.481(1)(a), domestic battery is any “willful and unlawful” use of force or violence against another.

Domestic violence can also create a cycle of abuse that impacts not just the individuals involved but also their families and communities, resulting in long-term psychological effects. These behaviors are not exclusive to marital relationships—they can manifest in dating relationships, among cohabitants, and even between family members.

Conduct that can lead to domestic violence charges includes:

• Physical Abuse. This form includes hitting, slapping, punching, choking, or any other form of physical harm. Even denying medical treatment or forcing alcohol or drug use upon someone can be considered abuse under Nevada law.
• Emotional and Psychological Abuse. This form of abuse may not leave visible scars but can be equally damaging. Perpetrators often use tactics such as constant criticism, intimidation, undermining a victim's self-worth or self-esteem, or controlling their freedom or movements.
• Sexual Abuse. Any situation where an individual is forced into a sexual encounter against their will, even within marriage, may be prosecuted as sexual assault or sexual abuse by a domestic violence attorney in Las Vegas.
• Financial or Economic Abuse. Making or attempting to make someone financially dependent by maintaining total control over financial resources, not allowing them to work, or obstructing their efforts to become independent are all forms of economic abuse.
• Stalking or Cyberstalking. Following someone, invading their privacy, or making repeated, unwanted advances is considered stalking. In the digital age, a domestic violence lawyer Las Vegas locals rely on can address harassment via emails, texts, or social media platforms.
• Threats and Intimidation. Using threats of physical violence, brandishing weapons, destroying property, or displaying other intimidating behaviors to instill fear in the victim is also considered domestic violence under Nevada law.

Domestic Battery Causing Substantial Bodily Harm (SBH)

A domestic battery that results in substantial bodily harm is upgraded to a Category C felony.

SBH, as defined by NRS 0.0600, occurs when the injury causes:

• A substantial risk of death
• Serious or permanent disfigurement
• Prolonged impairment or loss of function of any limb or organ
• Prolonged pain

This classification complicates the legal process, as demonstrating the severity and causation of injuries requires detailed medical records and expert witness testimony. Successfully defending against such charges often depends on disproving the claimed level of harm or challenging the link between alleged injuries and the accused. 

Types of Domestic Violence Charges We Handle

Domestic violence is a complex category of criminal charges in Nevada, encompassing a wide range of potential offenses. Each charge requires a distinct defense strategy tailored to the specific facts of the allegation. At Goodman Law Group, we provide our clients with tailored legal solutions specific to the unique nature of their situation.

Our firm handles domestic violence charges where the underlying alleged offense includes:

• Battery, including battery with the use of a deadly weapon. Physical harm or an unwanted touch in a domestic setting may result in a battery charge. A battery with a deadly weapon charge requires a comprehensive defense strategy that examines the legitimacy of weapon classification and the context of use.
• Child Abuse. Accusations of child abuse are harshly prosecuted and can carry long-term repercussions, including permanent damage to your reputation, even if you are not convicted.
• Coercion. In domestic violence cases, coercion can include pressuring a partner to remain in a relationship, making unwanted decisions, or controlling their actions through fear. Disproving coercion often involves challenging the credibility of evidence and testimony used to infer intent.
• Domestic Battery by Strangulation. A battery charge may be escalated when strangulation is involved, leading to extended jail time if convicted. Medical expert testimony is frequently required to determine the extent and significance of the injuries involved.
• Possession of a Firearm. Possessing a gun in a domestic violence case can elevate the charges and potential penalties.
• Protective Restraining Orders. Contesting a protective order or defending an individual against an alleged violation requires a nuanced understanding of the law. 
• Stalking, physical or digital. Cyberstalking claims have increased with the rise of online platforms, and the law has evolved to address these concerns. Defendants may face severe penalties and long-term restrictions if convicted.
• Substantial Bodily Harm. When domestic disputes lead to significant injuries, the accused may face charges of causing substantial bodily harm. The nature of these injuries and the event's circumstances play a critical role in determining the outcome. Such charges bring higher stakes, as they are often felonies with severe sentencing guidelines.

Self-Defense, Lawful Resistance & Consent

Self-defense is justified under NRS 200.275 when a person reasonably believes they are about to be attacked and uses reasonable and necessary force.

Notably, this statute provides that making a threat of bodily injury is not considered battery or assault when done under specific circumstances. The actor must be defending themselves, an occupied home or vehicle, or another person. This defense must be done against someone who intends to commit a crime of violence upon them or another person. 

The person engaged in self-defense does not have to attempt to retreat if they:

• Are not the primary aggressor
• Are lawfully in the place where the act occurred
• Are not involved in criminal activity at the time of defense

“Lawful resistance” under NRS 193.230 protects a person during a public offense when injury is likely. Thus, individuals can resist an attack on themselves or a family member. Additionally, resistance is lawful when an individual is acting to prevent an illegal attempt by another person to take or damage their property.

Consent can be a valid defense in domestic violence cases when it is clear that the alleged victim willingly permitted the actions in question. For instance, if both parties mutually agreed to engage in a physical altercation, or the alleged victim’s words or actions implied consent, this can undermine the prosecution's case. Establishing consent as a defense requires compelling evidence, such as witness statements, text messages, or video recordings, that corroborate the mutual agreement or lack of malicious intent.

Also, domestic violence charges cannot stand when the alleged actor accidentally causes injury or inflicts unintentional harm. A well-prepared defense can highlight inconsistencies in the allegations or the absence of intent to commit harm.

Have you been charged with domestic violence in Las Vegas? Contact Goodman Law Group today to connect with our Las Vegas domestic violence lawyer!