Legal Question in Criminal Law in Nevada

domestic violence

my boyfriend and i had a disagreement that started over an aquaintance of ours. in his frustration he slapped me across my face and i got in the way of a shoe or something that hit my leg. he is not violent, but was taking anti-depresion pills and had a few beers. someone called the cops when he and our friend were arguing outside, friend left, then we started to argue. cops showed up to my suprise right after all happened and i was confused. i told the cops he hit me and then it turned into a domesticc violence charge. he was arrested and the cops told me it would just be a cool off hold for about 12 hours. he was in jail for 5 days and got out on bail. i did not go to first court date and now got served for the 2nd. I did not press charges or even call the cops. now they want me to testify against him. how can he stay out of jail without me lying about what happened? This is his 2nd offense on record. the first one was an accident and no charges were ever filed. now they want to put him in jail for 6 months. it was really blown out of porportion and in the past 4 years of being with him, he has never tried to hurt me in any way. huge misunderstanding and not fair, he was already in jail. jail is not the place for him.


Asked on 5/22/09, 5:35 am

2 Answers from Attorneys
Greta Muirhead

Re: domestic violence

If he was not convicted of the first (you said no charges were ever filed), then they should be charging him with a domestic violence first; not second.

At the minimum, he should be attending SafeNest's counseling program. Taking his frustration out on you by slapping, is domestic violence. The Court is going to want to see that he is taking steps to control his temper by going to counseling.

If your boyfriend wants to hire a lawyer, he may contact me.

Greta Muirhead

Las Vegas

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Answered on 5/22/09, 11:38 am
James Smith James E. Smith Ltd.

Re: domestic violence

He needs to get an attorney. In these cases the victim often forgives the offender so the prosecutor is not going to give much credibility to your saying that he's not violent.

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Answered on 5/22/09, 7:54 am


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