Las Vegas Domestic Violence Defense Lawyer | Las Vegas Domestic Violence Defense Attorney

Las Vegas Domestic Violence Defense Attorney

Why a domestic violence charge isn’t just a typical misdemeanor

The biggest mistake a person accused of battery constituting domestic violence in violation of NRS 200.485 can make is believing that "it’s just a misdemeanor."  There is a huge difference between a crime like misdemeanor trespass and misdemeanor domestic violence. What is the difference? Aside from the obvious nature of the crime is the fact that a conviction for domestic violence has enormous consequences for people convicted of committing the crime of domestic violence. A person convicted of domestic violence faces numerous challenges in life long after the case is closed.

    A conviction for domestic violence can adversely impact your ability to get or keep custody of your children in family court. Family court judges routinely side against the spouse with a conviction for domestic violence.

    A conviction of domestic violence can result in your permanent loss of your Second Amendment right to own or possess a firearm even for self-defense and for the protection of your family.

    Protective orders and restraining orders are easily obtained against those convicted of domestic violence. The complaining witness, often referred to by the prosecutor as the victim, can use a conviction against the offending spouse to easily secure a protective order or a restraining order. Most judges will grant the order and prevent the offending spouse from going within a certain distance of the complaining witness who sought the order. And if the offending spouse is accused of violating the order, he or she will be arrested and prosecuted for violation of a protective or restraining order which is a misdemeanor in violation of NRS 33.100 which is punishable up to six months in jail.

    Employers and potential employers run background checks on their employees and on applicants. Because of the economy, it’s an employers market and employers have the luxury of picking and choosing which employees they want to hire. Employers are also very aware of potential lawsuits if they hire someone convicted of misdemeanor domestic violence. An employer will think twice about hiring or keeping someone with a domestic violence conviction because if that employee hits a colleague or customer, the employer can be sued under a "reckless hiring" theory. What that means is the lawyer suing the employer will argue that the employer recklessly hired an employee with a "violent past". The lawyer suing the employer will argue that the conviction for domestic violence was evidence that the employee was prone to violence and thus should not have been hired. You can bet that employers want to do everything to avoid making themselves open to these kind of lawsuits and avoid hiring people convicted of domestic violence.