Domestic Violence Defense Lawyers
serving clients in Henderson, Las Vegas and other Clark County, NV citiesStanding up to accusations of domestic violence from spouses or partners, ex-partners, roommates, family members, or individuals involved in domestic disputes is no easy task.
This can be particularly challenging if you’ve been arrested and jailed, lost your job, child custody, visitation rights, or experienced other negative consequences following an accusation.
Smith Legal Group will defend you against false accusations of domestic violence, regardless of the type – physical, verbal, emotional, psychological, or economic. We’ll evaluate the details of your case, develop a strong defense, and fight for your rights in court if litigation is required.
Call (702) 410-5001 for a free consultation with one of our domestic violence lawyers for legal assistance in clearing your name and record.
What to do if falsely accused of domestic violence
Regrettably, false allegations of domestic violence are common occurrences, particularly when the accuser harbors feelings of jealousy, anger, or resentment.
This scenario is prevalent in numerous domestic violence cases associated with divorce proceedings or disputes over child custody.
Violence may potentially be justifiable under the legal principles of self-defense or as a result of an unintended accident.
If you believe you’ve been falsely accused of domestic violence, it’s crucial to take immediate steps to protect your rights and defend yourself. Remember that being falsely accused does not mean you’re guilty.
1. Stay calm
It’s natural to feel angry or panicked, but maintaining your composure is essential. Emotional reactions can escalate the situation and make it harder to handle effectively.
2. Understand your rights
Familiarize yourself with your rights under the law. You have the right to remain silent and the right to legal representation. Exercise these rights if you’re questioned by law enforcement.
3. Gather evidence
Collect any evidence that supports your innocence. This could include witness statements, text messages, emails, photos, or any other documentation that contradicts the accusations.
4. Document everything
Keep detailed records of all interactions related to the accusation. Note down dates, times, and the nature of any conversations or incidents, as well as the names of any individuals involved.
5. Contact a criminal defense lawyer
Seek legal counsel as soon as possible. A skilled criminal defense lawyer experienced in handling domestic violence cases can provide invaluable guidance and representation throughout the legal process.
6. Follow your lawyer’s advice
Listen to your lawyer’s advice and follow their instructions carefully. They will help you navigate the legal system and work to build a strong defense on your behalf.
7. Cooperate with authorities
While maintaining your innocence, cooperate with law enforcement and any legal proceedings. Provide factual information and avoid confrontations or aggressive behavior.
8. Protect yourself
Take steps to protect yourself from further false accusations. Avoid contact with the accuser whenever possible and adhere to any legal restrictions or protection orders issued against you.
Domestic violence penalties in Nevada
Facing a domestic violence conviction is a serious matter and shouldn’t be taken lightly, even for first-time offenders.
Below are the penalties if convicted of a battery which constitutes domestic violence pursuant to NRS 33.018.
Harsher penalties may vary based on additional factors, including prior felony convictions, whether the battery involves strangulation or the use of a deadly weapon, and other relevant circumstances.
First Offense | Min | Max |
---|---|---|
Misdemeanor | – | – |
Jail time | 2 days | 6 months |
Community service | 48 hours | 120 hours |
Fine | $200 | $1,000 |
Weekly Counseling | 6 months | – |
Second Offense within 7 years | Min | Max |
---|---|---|
Misdemeanor | – | – |
Jail time | 20 days | 6 months |
Community service | 100 hours | 200 hours |
Fine | $500 | $1,000 |
Weekly Counseling | 12 months | – |
Third Offense within 7 years | Min | Max |
---|---|---|
Category B Felony | – | – |
Jail time | 1 year | 6 years |
Fine | $1,000 | $5,000 |