Frequently Asked Questions | Domestic Violence Attorney Las Vegas

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Frequently Asked Questions Before Hiring DV
Lawyers Las Vegas
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(1) How long will my domestic violence case take?

• It depends. From the date of your arrest until
  your criminal trial (or plea hearing if you enter
  into a plea agreement) can take anywhere from
  three months to over one year.
• Even then, your case can remain open for extended
  periods of time until your sentence has been
  satisfied.

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(2) When the police arrived the dispute had
calmed and we both advised the police that we did
not want to press charges Why was I arrested?

• The arrest was required by law. Nevada law
  requires police officers to make an arrest where
  probable cause exists that any one of a number
  of acts was committed that qualify as domestic
  violence under Nevada law.
• An arrest must be made as long as the police
  arrive within 24 hours of the incident.

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(3) The police seized my guns Can I get them
back?

• Maybe. If a weapon was used or threatened to be
  used in connection with the underlying incident,
  it will be seized by law enforcement.  
• However, law enforcement can seize your weapon
  even if it was not used in connection with the
  underlying incident.  If your weapon is seized by
  law enforcement, you will need a court order to
  recover it.

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(4) The complainant does not wish for charges to
be pressed Will the prosecutor drop the charges?

• No. In fact, it is not uncommon for domestic
  violence complainants or victims to be resistant
  to prosecution of the Defendant.  Prosecutors are
  used to this and, if necessary, can utilize
  evidence other than the complainants testimony
  to secure a conviction.
• The complainant is not the plaintiff in the
  action against the Defendant, the State or City
  is.  Although an uncooperative complainant could
  impact the strength of the case against you,
  whether or not the complainant cooperates or
  testifies is not the deciding factor in the case
  against you.

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(5) The complainant will not testify against me
Will he or she expose them self to liability for
refusing to testify?

• Possibly.  The complainant will be contacted by
  the City or State a couple times before your
  trial.  Victim advocates and prosecutors are
  examples of persons that will make contact.  The
  complainant will be subpoenaed to testify at your
  trial.
•  If the complainant decides he or she will ignore
  the subpoena and/or will not testify at trial, he
  or she should retain independent counsel to
  protect his or her rights.  By ignoring a
  subpoena and/or recanting on the stand, the
  complainant could expose them self to crimes such
  as contempt of court, filing a false police
  report and/or perjury.

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(6) What penalties will I receive for a domestic
violence conviction in Nevada?

• Nevada utilizes a minimum ? maximum sliding scale
  for domestic violence penalties/sentencing.  The
  penalties become more severe if you have prior
  domestic violence convictions or aggravating
  circumstances exist with your case.  Mandatory
  penalties include jail time, community service,
  counseling and fines.  
• If the circumstances warrant, you could also be
  sentenced to drug/alcohol abuse treatment and
  restitution.  Domestic violence convictions can
  also have negative impacts on issues such as
  child custody or your ability to purchase a gun.

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(7) What types of issues will my domestic
violence defense implicate?

• Domestic violence cases are complex.  They are
  not simple he said she saids coupled with
  photographs of injuries.  Unfortunately, it is
  not uncommon for domestic violence arrests to
  result from dishonest or vindictive loved ones.
•  It is also not uncommon for loved ones to take
  the fall by agreeing to go to jail to keep the
  other person out.  In cases such as these, hiring
  a forensic pathologist could be useful in
  establishing that the claimed injuries are old
  and/or could not have been caused by the
  described attack.  Even confessions are
  susceptible to attack. Finally, not all touching
  constitutes a battery.  For instance,
  self-defense involves lawful touching.

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(8) What do I do if a No Contact or Temporary
Protective Order was issued that prohibits me
from going home or being around the complainant?

• Comply with it.  Often times, domestic violence
  arrests do not result in the parties divorcing,
  breaking up or even moving away from each other.
   The protective order becomes a barrier that
  prevents two people from seeing each other that
  do not want to be separated.
•  The best thing for you to do is ask your
  attorney to file a motion that asks the court to
  dissolve the Order.  You and your significant
  others reconciliation intentions aside, the
  circumstances between you are obviously volatile.
   If you ignore the Order, you will do nothing but
  expose yourself to additional criminal liability.

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(9) I need to go home to get my work uniform and
other personal belongings Can I go home?

• First, hire an attorney to dissolve the No
  Contact or Temporary Protective Order if one
  was issued.
•  If there is no time to appear before the Court,
  call the police and have them escort you into the
  home to obtain your personal belongings.  DO NOT
  simply return to the premises alone because you
  need things for work or because I own the
  house.  Doing this will only expose you to
  additional criminal liability.

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(10) How much will it cost to hire The Hayes Law
Firm to represent me?

• It depends.  The specific circumstances of your
  case will dictate how much your defense will
  cost.  The attorneys at The Hayes Law Firm are
  experienced and knowledgeable about all aspects
  of domestic violence law.  Given the serious
  penalties involved, your lawyer should
  investigate every aspect of your case from the
  legality of an alleged confession to the validity
  of prior convictions if sentencing enhancement is
  being pursued.  
• The Hayes Law Firm will not short change your
  case to generate more volume.  Conversely, we do
  not inflate our fees either.  In fact, we offer
  you a free consultation to ensure that you are
  comfortable and confident with us before you pay
  us anything.

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Contact Us
Dale A. Hayes Jr Call - 702 656 0808 Address -
4735 S Durango Dr, Las Vegas Nevada 89147 USA