Nevada Domestic Violence Legal Questions

The question really is "To do what?"  If you mean are you required to have an attorney as the Petitioner in a TPO court, the answer is "no," although it is often easier and more persuasive for a lawyer to assemble and present the facts since that is what they do for a living.  If you mean to figure out what to do about other custody, visitation, support, and property rights, then the answer is probably yes, at least to consult with a qualified family law specialist to find out what your rights are and evaluate your options.  You should probably start with the detailed subject-by-subject information and materials posted on our website, and then figure out whether a consultation would assist you.... Read More

Short answer:  Maybe.  You can file a request to dissolve the TPO, indicating that there is no legitimate fear on her part as evidenced by her inviting you to dinner, but you should NOT initiate any contact with, or agree to see, her until the TPO has been dissolved.  For forms, see the Family Law self-help center website, or contact a family law specialist -- which is probably a good idea if you are in the middle of custody litigation anyway.  For background on DV and child custody issues, see the materials posted here and here.... Read More

For many reasons, most going to witness intimidation, most D.A.'s have a "no drop" policy regardless of the wishes of the purported victim.  That said, your husband could call the prosecutor and request dismissal.  I would never counsel anyone to ignore a subpoena, but the fact remains that if witnesses do not show up for trial, usually the prosecution cannot proceed.... Read More

Your facts are a bit vague -- you should call any competent criminal defense counsel, who should know the relevant rules off the top of their head, will advise if there is any problem and, if so, can give basic guidance for how to seal records if required.  Also consider looking at the forms at the Civil Self-Help Center run by the Legal Aid Center of Southern Nevada.... Read More

It is a bit unclear exactly what was done in that record; you should consult with criminal defense counsel, who will know exactly what they mean and how to seal them.  There are also forms available on the self-help center website and legal aid has classes and some assistance available for sealing records; you might want to start with contacting the Legal Aid Center of Southern Nevada.... Read More

Your situation is not entirely clear, but it appears that the judge hearing the TPO is sufficiently uncertain as to what is really going on that he or she wants a hearing to explore more details before rendering an order of exclusive possession or anything else.  You should certainly bring a copy of all such messages, printed out if possible, to the TPO hearing, and as clearly, simply, and directly as possible, indicate both all things that happened and all things that have been threatened.... Read More

It is difficult to tell what is happening or why from this inquiry.  From your questions, you should probably contact a criminal law attorney, who can probably fill in better what possible range of charges are possible, and from facts you did not clearly communicate, what options you might have.... Read More

It's pretty clear that the relationship is toxic, and you are on notice that you can't trust your ex; when you were divorce is not clear from your note.  Your question, however, and your current status, is not clear.  You should write out a clear timeline, as it is hard to see what happened, in what order, and why, and then consult with a family law specialist as to whatever your actual questions are.  If there are emails or texts indicating that he invited you back to the hose, or said he was dismissing the restraining order, preserve them.... Read More

Your situation is a little unclear, but presuming this is a "Legal 2000" hold, you girlfriend was presenting as a danger to herself or others, and will be held for 48 for observation and, if necessary, treatment.  What you can "do" is get her appropriate follow-up treatment once she is released.  Given the pandemic, many mental health practitioners and programs are available by "telehealth" remote work.  Find and use one; many are very low-cost, or even free.... Read More

It is not clear what question you are asking; you most certainly should schedule a consultation with a competent criminal law attorney to go over what you should do and how you should do it, before any court dates.  If the relationship is so toxic that false allegations are being made to the police, consider a consultation appointment with a competent family law specialist to discuss your options in terminating the relationship and getting approprite orders for property division, child custody, and child support.... Read More

While your facts are not entirely clear, a dismissed case should have no singificant after-effects, although you still have to answer the questions on the CCW application honestly, and if they trouble you, you may want to go through the steps to seal the case entirely, which permits you to lawfully deny that it ever existed.  If you have questions, consult with any criminal defense attorney, which is the field of attorney that deals with these questions most often.... Read More

It is not possible to give the sort of detailed case analysis and advice you are looking for by email.  In terms of an existing charge of violation of a TPO against you, if it's already happened by a hearing master you can requesst a review by a district court judge, but there are short timelines for objecting.  On the other side, the rules build in attorney fee and other sanctions if it can be proven that a reporting party has made a false claim.  You are really going to have to assemble all the documentation of the "long drawn out chain of events" and schedule a full consultation with a qualified family law specialist to go over it top to bottom and figure out your risks, costs, benefits, and options.... Read More

Unfortunately yours is a criminal law question (this is a family law list), the answer to which will vary a great deal by jurisdiction (city of LV, or NLV, or County, or district court).  Youi need to ask your question of a criminal law attorney, specifying the jurisdiction that ordered the community service in the first place.... Read More

Your question is not a family law question, but is a "torts" question and appears to be in the sub-specialty of "1983" actions: "The Civil Rights Act of 1871 is a federal statute, numbered 42 U.S.C. § 1983, that allows people to sue the government for civil rights violations. It applies when someone acting “under color of” state-level or local law has deprived a person of rights created by the U.S. Constitution or federal statutes." I suggest that you start your search for consultation/representation by calling tort lawyers (you can start with the ones that adevertise for auto crashes, etc.), and ask for referrals for attorneys who specialize in bringing false imprisonment/1983 cases; I thin you will eventually end up talking to a specialist who can more completely advise you as to your rights and options.... Read More

Theoretically, any person subpoenaed to court can be found in contempt and a warrant issued if that person does not show up.  In the real world, if a critical witness is missing at the time of a criminal trial, the defense typically moves to dismiss the case entirely, since the prosecution cannot prove its case without the witness.... Read More