Unfortunately, some people experience acts of domestic violence within their home. There are many laws in the State of Nevada which pertain to domestic violence. If you are considering consulting with a family law attorney, it is important to inform your attorney about domestic violence issues. Victims may be able to press criminal charges or bring a civil lawsuit, and it relevant to determining issues of child custody.
Definition of "Domestic Violence" in Nevada Family Law
An important law to be aware of when discussing domestic violence in Nevada is: NRS 33.018, Acts which constitute domestic violence. According to Nevada law, domestic violence is considered to have occurred when a person commits one of the following acts against or upon a qualified party:
(a) A battery
(b) An assault
(c) Compelling the other person by force or threat of force to perform an act from which the other person has the right to refrain or to refrain from an act which the other person has the right to perform
(d) A sexual assault
(e) A knowing, purposeful or reckless course of conduct intended to harass the other person
Such conduct may include, but is not limited to:
(5) Destruction of private property
(6) Carrying a concealed weapon without a permit
(7) Injuring or killing an animal (see our article on pet custody in Nevada divorce cases)
(f) A false imprisonment
(g) Unlawful entry of the other person's residence, or forcible entry against the other person's will if there is a reasonably foreseeable risk of harm to the other person from the entry
These acts are considered to be acts of domestic violence when it is done upon a “qualified” person. A qualified person is considered any of the following:
- Spouse or former spouse;
- Any other person to whom the person is related by blood or marriage;
- Any other person with whom the person is or was actually residing;
- Any other person with whom the person has had or is having a dating relationship;
- Any other person with whom the person has child in common;
- The minor child of any of those persons; and/or
- The person's minor child or any other person who has been appointed the custodian or legal guardian for the person's minor child.
Another important law at issue that relates to domestic violence is the concept of full faith and credit. NRS 33.090(1) states that a valid order for protection against domestic violence issued by a court of another state, territory or Indian tribe within the United States must be accorded full faith and credit by the courts of this state and enforced as if it were issued by a court in this state, regardless of whether the order has been registered in this state.”
This means that if a ruling has been made in a different state and the ruling is valid, it shall be considered valid in Nevada, as well.
Do You Need an Attorney?
When dealing with family law issues, it is best to work with an experienced and local attorney who can help you through this difficult process. The attorneys and staff at 702-DEFENSE (702-333-3673) have the background and skills necessary to provide you with the proper representation. Call for a FREE consultation.