Domestic Violence (“DV”) occurs when any of the acts of NRS § 33.018(1) occurs against a current or former spouse, boyfriend/girlfriend, or child.  If DV has occurred, the first action should be to secure your physical safety by having a safe place to stay.  If you cannot stay with family member or close friends, then there are various shelters throughout Las Vegas where you can stay, most notably Safenest.  Most importantly, if DV has occurred, make sure you call the police.

Secondly, a Temporary Protective Order (“TPO”) can be issued by the courts to protect your safety.  The Family Court will issue a TPO pursuant to NRS § 33.020(1) if it appears “to the satisfaction of the court” that acts of DV have occurred or are threatened.  This is a very low standard as courts are allowed to err on the side of safety to protect the victims of DV.

The results of being issued a TPO are significant and sever, and accordingly, are only warranted for true incidents of DV.  First, the person against the TPO is issued cannot go within a certain distance of the person that sought the TPO, and if they are, they will be immediately arrested.  In addition, if the parties are living together, that party against who the TPO is issued cannot live at the residence anymore.  Unfortunately, we have seen many cases in which one spouse falsely alleges DV and is able to obtain a TPO thereby barring the other spouse from the marital residence, in effect, obtaining an ex parte (an order where the other side was not able to be heard) order granting exclusive possession of the marital residence.

In addition, DV has other potential consequences in a divorce case.  First, it is a factor that rebuts the presumption of joint physical custody is in the best interest of the children.  See NRS § 125C.230.  Secondly, the assaulted spouse may, though not likely, receive a monetary award by the Court for the physical abuse.

The attorneys at Lin & Associates (702-DIVORCE) are ready to ensure that your rights under Nevada law are fully protected.