Nevada Domestic Violence Legal Questions

You can "plead the fifth" if you believe your anwers may serve to incriminate you; that is because the fifth amendment prohibits compelling a person to testify against himself or herself.  If you are trying to not testify against someone else (your spouse) your inquiry is about the "marital privilege" and should be directed to a criminal law attorney.... Read More

To answer your question, it is not a defene to a criminal charge that the victim was impaired.  Self-defense is another matter.  If you wish to recant whatever allegations you made while effectively unconscious due to the substance you had ingested, you can, which may or may not be considered by the prosecutor. Your boyfriend should consult with qualified criminal defense counsel.  And you should consider a course of counseling with someone experienced in drug and alcohol dependency, for his sake and your own, before something irreversible happens during one of those blackouts.... Read More

Short answer "no."  Spouses are required to provide basic necessities for one another, and even the threat of not doing so sounds like spousal abuse.  Consider whether this is how you actually want to live; if necessary, short-term relief might be possible through a temporary protective order, information about that is linked here.  Or, consider whether this situation will lead to divorce, as linked here.  Consider a full consultation with a family law specialist.  Good luck.... Read More

If the D.A. or other prosecutor has subpoenaed you to court, then refusing to show up could cause a warrant to issue for your arrest.  Whether that is likely in your case should be asked of a qualified criminal defense attorney.  The Fifth Amendment gives a privilege against SELF incrimination, allowing you to refuse to anser if the answer could incriminate you; from what is provided, it is hard to see how it applies, but you should confier with criminal defense counsel. Another privilege might apply, however.  Under NRS 49.295, a spousal privilege attaches, under which, generally, neither a husband nor a wife may be examined without that person’s consent in any prosecution or civil suit against the other, and neither may be examined during the marriage or thereafter, as to any communication by one to the other during the marriage, without the consent of the other.  In other words, the “refusing to testify” privilege belongs to the spouse called to the stand, to invoke or not, and the confidential communication privilege belongs to the other spouse. Again, you should speak with qualified criminal defense counsel.... Read More

Your question is a bit unclear -- there is a difference between the statute of limitations in civil court (one person suing another for battery), which is two years, and the possible criminal prosecution by the State against the person accused, which could be one, two, or three years depending on some facts that were not revealed in your question.  And "in self defense" and "on accident" are pretty much contradictory positions.  If the alleged victim is non-cooperative, the State may decide to drop the case, but if it looks like charges are even possible, the best bet for the potential defendant is a consultation -- immediately -- with qualified criminal defense counsel.... Read More

The question is pretty vague, but if the question is whether a person who obtains a TPO can contact the person against whom the order is issued, the answer is "yes" as the orders are "one-way," although such contact is pretty good evidence, in most cases, that the order was unnecessary and could be dissolved upon request.  For some further information, see here.  You may wish to confer with a family law specialist.... Read More

Obviously, the facts are pretty convoluted -- too much so for any off-the-cuff analysis by email to be of much help.  The short answer to the question you asked is to file a motion for the appointment of either an attorney for the child or (perhaps) a Guardian ad Litem -- the roles are slightly different.  In any event, you should construct a timeline/chronology, inclusive of all changes of legal status, and residences of the child, and obviously births and deaths if relevant, etc. (a guide for how to do so is posted on our Consultations page, here), and then you need an in-depth consultation with a family law specialist, who should be given copies of all court orders to date, the timeline, and any other documents relevant to the analysis.  You should do so as soon as possible.... Read More

Short answer: yes.  The police can decide whether to proceed criminally once they are involved, pretty much no matter what the folks involved wish. That said, if no witnesses show up or provide evidence, it is usually impossible to actually convict a defendant.  This is not really a family law inquiry; you should probably consult criminal defense counsel for what, if anything, either you or your sister should do at this point.... Read More

It's a bit unclear whether you are referring to the TPO court or a criminal charge; if the latter, you really should confer with a decent criminal attorney, but a first offense DV typically results, ultimately, in a "stay out of trouble for 6 months" stayed proceeding, perhaps some DV or substance abuse counseling, and ultimately a dismissal.  But to get there, you really should confer with qualified criminal law counsel.... Read More

There is no way anyone could provide "how to represent yourself in court" in an email.  And you do not provide any substantive information to allow reference to relevant background (although you might try reviewing our child custody and domestic vioence materials, here and here. If you really cannot afford counsel, the local Pro Bono provider is the Legal Aid Center of Southern Nevada, which can be called at 702-386-1070 (or see their information on the web at http://www.lacsn.org/option,com_jcalpro/Itemid,3/extmode,view/extid,15/).  Those that take pro bono cases take them after they have been screened, and assigned, by Legal Aid.  The Reduced Fee Panel sponsored by the State Bar can be reached at 702-382-2200.  Additionally, there are free consultations offered on Thursdays at the self-help center; volunteer attorneys provide 15-minute consultations, for free, on family law questions.  For those that wish to attempt self-representation, forms are available at the Clark County self-help center website, at http://www.familylawselfhelpcenter.org/.... Read More

You seem to have a couple of diffierent court processes confused.  As to the TPO, that is a civil process, with you on one side and your ex on the other; and you indicate that you got the order you requested. The criminal prosecution, on the other hand, is "the State" on one side, and your ex on the other.  You are the victim, and a witness, but not a party.  To answer your question, it was the prosecutor's job to give you notice and secure your attendance and testimony -- in the absence of that testimony, presumably the State could not obtain a conviction.  If you have questions about what happened and why, call the D.A. or other prosecutor and ask.... Read More

Frankly, the facts as presented are pretty contradictory: Police arrest the person who has no visible injuries?  That should mean that they determined from something that he was the primary aggressor.  If wrong, that coiuld be challenged in coiurt. Most TPOs are "one way" -- they bar the Respondent from making any contact.  Whether he feels like "caving in" or not, the answer is -- don't. He should contact all social media companies, reclaim his accounts, and simply bar/ban/exclude his ex. California may have separate rules and regulations (this questions went to a Nevada list); if your son has questions, he should consult with California counsel.... Read More

Unfortunately, your question is not family law, but a cross-over from criminal to immigration.  You should independently verify with the DA that the event led to a felony charge, and then verify with immigration counsel whether such a charge (or conviction) will result in likely deportation.  Given recent political changes, if anything, that result is becoming more likely.... Read More

It is unclear what question you are asking.  If you are "shopping" for lawyers, and do not know people who can make good personal recommendations, consider looking them up on a service such as lawyers.com or avvo.com. As to divorce and domestic violence, you should review some background information first. Please look here and here, and be careful.... Read More

Your question is a bit unclear, in that the connection between "Miranda rights" (the right to counsel and to not be questioned without it, etc.) does not appear to be involved in the rest of your narrative.  However, for everything in the general field, you are looking (I think) for criminal defense counsel -- and there are some excellent criminal defense lawyers in Nevada.  Try looking in Avvo, or at Martindale (lawyers.com) or call any other kind of lawyer you might know for a referral to such a specialist.... Read More

This does not appear to be a family law question, but the short version is that warrants are court orders and can only be altered by judges; if you have a lawyer in the case in question, the lawyer can file a motion or otherwise make a resuest.  Things are different to some degree btween "civil warrants" in civil cases, and criminal warrants in criminal cases.  You should consult with your counsel, and if you do not have one, get one.... Read More

Your question is not really a family law question, and therfore somewhat out of my area.  You really should confer with counsel knowledgeable about both landlord/tenant issues, and general tort suits.  You may want to start with calls to either criminal defense or personal injury firms, and see if one of those could refer you to someone who handles the kind of case(s) in which you are involved.  if a judgmenet has been rendered against you -- no matter how wrongfully -- do not ignore it!  Find an attorney who is qualified to file a motion do set it aside, and do so soon.... Read More

Your facts are a bit confusing, but I think you are asking questions in the wrong forum -- your question is not really a family law issue, but one of criminal law.  I suggest you consult with an expert in criminal law and procedure, who should be able to answer your questions and ensure that you don't make any mistakes that might end up costing you money.... Read More