In Nevada, a simple domestic violence allegation is enough to have someone arrested. You can also expect a restraining order to be filed against you, forcing you to leave your home and your children behind. If you have been arrested and accused of domestic violence, it is important that you understand the gravity of your situation. Allegations of any violent crime could cause you to lose your custody/visitation rights, impede on future employment opportunities and could ruin your reputation. There are however, several defenses to these types of allegations.
A spouse or family member who is hit, kicked, pushed, or experiences any other type of abuse by a another spouse or family member has the right to protect themselves against such an attack. Nevada has several self-defense laws available. The use of non-deadly force against a spouse or other family member to protect yourself is self-defense if you reasonably believed that you or another person was facing immediate bodily harm, and you used no more physical force than necessary to protect yourself or another person. If your spouse or family member hits, kicks, or pushes your child and you reasonably believe the child is in danger of immediate harm, you may use the necessary physical force to stop the attack.
2. Accidental Injury
Domestic issues are sometimes difficult for police officers to sort out at the scene. If a spouse, child, or another family member residing in the residence is accidentally injured during a domestic disturbance, arrests can be made when there is no actual abusive action. When emotions are high, accidents can occur.
3. False Allegations and Self-inflicted Injuries
A thorough investigation needs to be conducted when a claim for battery domestic violence is made. False allegations even self-inflicted injuries by spouses to seek revenge do occur in domestic violence cases. A trained physician or expert witness can tell the difference between an injury caused by another person and a self-inflicted injury
4. Lack of Evidence
The prosecutor may lack the evidence needed in a battery domestic violence case. If the prosecutor cannot prove beyond a reasonable doubt that the offender committed the domestic violence, then there is usually no conviction. Many times, the police mishandle evidence during domestic violence cases, which can weaken or destroy the case.
If you have been arrested for battery domestic violence or another form of domestic violence, please contact our Reno criminal defense lawyers at Viloria, Oliphant, Oster & Aman L.L.P. today.