Nevada Domestic Violence Legal Questions

I wouild suggest getting a mental health specialist to review and confirm youir history and indicate that the report was made under circumstances indicating that it was factually not true, but without deliberate deception (that will prevent you being charged with filing a false report).  Hopefully your boyfriend has criminal defense counsel who can coordinate such testimony.  If not, your first priority is probably to find qualified criminal defense counsel.... Read More

The short version based strictly on the information you supplied is "probably not."  Much depends on how she got the phone (for example, if she committed a burglary to steal it, that is another matter.  Or if she hacked into his phone (or any otehr computer); you did not say anything about password protection).  But -- at least today and by itself -- reading messages on someone else's iPhone does not appear to be a criminal offense.... Read More

Your inquiry raises a lot of questions.  How long were you away, that all of those things (canceled tickets, expired residency card, etc.) could have happened? In any event, if you know what county your husband is in, it is pretty simple to find out whether a divorce complaint has been filed there.  You do not need to be here to contest such a divorce, but it would be far easier to do so if you have an attorney actively participating in the case. For background, see http://willicklawgroup.com/divorce/.  But what you really need is to hire a lawyer to protect your interests.... Read More

Well, technically, the "courthouse" does nothing, but the short answer to your question is "yes."   In Nevada, the standard for TPO issuance is "to the satisfaction of the Court."  A pretty light standard.  See http://willicklawgroup.com/domestic-violence/. If you have additional evidence that the car tampering is related to your ex, or of some other incident relating to him, submit it.  If you believe that the TPO denial was in error, consider consultation with a family law specialist.... Read More

Your question is not clear -- if there was no order in effect, then it is hard to see how or why you were arrested for violating it.  You appear to know the difference between an expired order and a dissolved order, although NEITHER should support any further arrests. All that said, your question is not really a domestic relations/family law case; TPO violations straddle the line, but are more akin to quasi-criminal proceedings, and you should probably look for a referral to a criminal defense lawyer familiar with TPO issues.... Read More

Your opinion of the accuracy of the witness statements may be important for your lawyer to know, but are unlikely alone -- even if completely correct -- to have much effect on outcomes.  You need criminal defense counsel, and quickly.  Meantime, say nothing to anyone until you get some solid and reliable legal advice.  Treat this situation as one that could alter the shape of your future -- because it could.... Read More

Overturn it?  Probably not; you do not indicate when these events happened, but you give the impression they were some time ago, and it is probably too late to directly challenge it. That said, you may be incorrect as to the legal implications, for firearms, adoptions, etc.  I suggest you re-direct your question to criminal defense counsel, who can advise you as to the imact of the conviction, and your options for sealing or expunging it.... Read More

This is more of a criminal law question than a family law question -- it would be whether there is any record of the incident ever occurring, and what if anything you need to report on employment applications, etc.  I can't tell whether what you describe really qualifies as an "arrest"; certainly, there was no conviction.  As to whether any record exists, I suggest contacting a criminal defense attorney and asking that question; if so, you can ask whether there is any need, or means, of sealing it.... Read More

Your questions are not really family law questions -- they should be asked of qualified criminal defense counsel (or perhaps the DA doing the prosecution, which is where you should start), and you may need to confer with one in each relevant State -- it is doubtful that a Vegas lawyer will be truly informed of policies governing CA drop policies.  Joke or not, do have the TPO in place -- it gives responding cops a head's up as to who is who, if nothing else.  But yes, you are still primarily responsible for your own self-protection.... Read More

This is more a criminal law than a family law question.  Technically, you cannot drop charges, because you do not file charges.  If you wish, call the prosecutor and see whether they plan (which is likely) to recommend suspending prosecution for a year and upon "good behavior" (no other charges, and maybe some DV classes) drop the charges.  If not, you need to consult with criminal defense counsel.... Read More

This is not so much a family law question as a criminal law question.  I strongly suggest you find a way to obtain assistance from someone who does a lot of low-level criminal work (this is not meant to offend, only indicating that, a you suspect, the problem might be minimized if you know how to handle yourself in the system).  if you rally cannot afford counsel, consider a call to the local Pro Bono provider --  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, but Legal Aid also offers clases for folks with legal problems.  The Reduced Fee Panel sponsored by the State Bar can be reached at 702-382-2200.... Read More

This is not a family law question (at least not immediately) but a criminal law question, and you should re-direct your question there.  In the bigger picture, however, what you describe is no way to live, and I suggest that you call and speak with one of the two domestic violence shelters in Las Vegas to find a way to move on with your life without such events.  See: http://willicklawgroup.com/domestic-violence/ Then you might want to speak with a family law specialist about the bigger picture of whether this relationship is one that you really wish to remain in.... Read More

A DV arrest is never a good thing going into a possible custody dispute, but from your description, it also will not be the defining event.  First, look over the explanations, materials, and resources posted at: http://willicklawgroup.com/child-custody-and-visitation/ http://willicklawgroup.com/domestic-violence/ Then your very best bet is to consult with a family law specialist, who can analyze your specific facts and circumstances, and advise you of what to expect, and what actions you might take to obtain a result acceptable to you.... Read More

Presuming the TPO Hearing Master did not make any specific order on that point, there is no law on the subject.  But since there is a TPO, you are not permitted to contact him any more than he is permitted to contact you. There is no strict "abandonment" time period.  The courteous thing to do would be to box up his stuff and have some mutual acquaintance inform him that they have it.  Or you could put it in storage, and give the address and key to such a mutual acquaintance.  Whatever you do, keep photos or a record of what you did, and make it reasonable, in case he appears at some later time and threatens, or simply files, a suit for the lost property.... Read More

There is not enough information in your question to give meaningful answers, but there have been several prosecutions recently of men who have planted cameras in various locations of homes and offices; your inquiries should probably start with the police.  If you are reluctant to involve the authorities, for some reason, you should consult with an attorney and explain why.... Read More