Domestic Violence: What If You Are the Abusive Spouse?
Criminal cases like domestic violence in Las Vegas between spouses can be riddled with “he said” and “she said” situations and there are common instances of the defendant thinking they are innocent of the crime. But what if you, the defendant, actually have it wrong? What if you really are an abusive spouse?
This is an article designed not to condemn defendants, after all, you are only guilty when proven by the court, but to help them and other abusive spouses still not being tried in the court to learn how to face potential charges in the future.
Signs that you are the perpetrator of abuse
The Nevada Revised Statutes (NRS) describes domestic violence as the act of physically and mentally abusing your family member or anyone in the household. The most common form of domestic violence in Las Vegas and the entirety of Nevada is abuse against spouses. Usual acts carried out by the domestic violence perpetrator are punching, kicking, shoving, threatening, intimidating and any other methods meant to hurt the victim. Even sexual abuse and illegal detention are included here.
Am I abusive? Ask yourself this, evaluating if you are culpable of these actions against your spouse. Other signs that you might be the abusive one is your partner becoming fearful of you, taking the children away as much he or she can, or downright telling you that you are being abusive.
One of the reasons why some abusive spouses fail to grasp that they are responsible for domestic violence is because the abuse is done mentally and this kind of abuse can take time to be noticed. Look at yourself and your spouse, you might both be undergoing mental abuse that can break your family apart. You can also learn of your responsibility by checking if there is a change in your own behavior and how you view your family.
Steps to take if you realize you are the abusive spouse
Domestic violence is a serious matter in Nevada and it holds weighty consequences if you are found guilty of it. First domestic violence charges are misdemeanors and hold up to six months in jail and a fine that is not more than $1,000. If a domestic violence offense was made for the third time within seven years, a felony charge shall be imposed which of course brings a heavier set of penalties.
To avoid these consequences, resolve the issue within your family. However, you should know that domestic violence is a cycle. You can do the same thing again even after reconciliation. This is why most domestic violence cases go into court because the victim cannot finally take the cycle and goes to law to put an end to the abuse.
If arrested for domestic violence, you must participate and waive your rights of not saying anything unless you get legal representation. When the judge sees that you are willing to partake to the resolution of the case, you might be granted milder penalties.
In Nevada, there exist programs for domestic violence perpetrators as enforced by NAC (Nevada Administrative Code) Chapter 228. These particular programs for domestic violence perpetrators are designed to help them unlearn their violent ways and gain sympathy for their spouses back. As a defendant, there is a probability of you being ordered by the court to attend such intervention. Otherwise, you can attend it yourself as a first step to support yourself out of the abusive spouse stigma.
Fighting domestic violence charges in Nevada
Even if you are an abusive spouse, you still have the right to defend yourself in court and hire a Las Vegas criminal defense attorney. Note that the prosecutor assigned to the case will do whatever it takes to press you so especially if there are glaring pieces of evidence, thus you need to arm yourself with strong defenses.
Along with your legal defense, you could counter allegations with arguments such as no domestic violence happened or the accusations were made out of spite. But with our topic that talks about accepting that you are the abusive spouse, you might also want to come up with other strategies such as an insanity plea or other plea bargains that will lessen your charges. Ultimately, there is the availability of post-conviction relief.
There is no excuse in domestic violence in Las Vegas. It is one of the most serious crimes as it has reeling records of injuries and deaths in the city and the State of Nevada. Still, human beings are not invulnerable to errors and sometimes the heat of the moment could get the better of you. If you think you are the abusive spouse and is facing the court, you must have a criminal defense attorney by your side to help acquit you of the charges or only let you go through punishments that will not completely tear you your family apart.