Domestic Violence & Child Custody from a Previous Marriage
My question involves criminal law for the state of: Nevada.
My boyfriend came home last Friday and pushed me around & tried to throw me out of the house. I filed DV charges against him Sunday & pictures were taken of my bruises & scratches. He has 2 DUIs on his record. He has joint custody of his son from a previous marriage. Will the DA contact his exwife & inform her of the DV charge? Will the DV charge threaten his custody?
Re: Domestic Violence & Child Custody from a Previous Marriage
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Rockstar77
My question involves criminal law for the state of: Nevada.
My boyfriend came home last Friday and pushed me around & tried to throw me out of the house. I filed DV charges against him Sunday & pictures were taken of my bruises & scratches. He has 2 DUIs on his record. He has joint custody of his son from a previous marriage. Will the DA contact his exwife & inform her of the DV charge?
Not usually, no.
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Will the DV charge threaten his custody?
Possibly, but usually only if the DV occurred in the presence of the child. Believe it or not, courts typically don't view violence against a significant other as a danger to children unless the children are involved (either directly, or are witnesses) - particularly if the victim, as in this case, isn't even the mother of the child in question.
Re: Domestic Violence & Child Custody from a Previous Marriage
The Sheriff said that my boyfriend may try to charge me with trespassing, as the incident did occurr at his residence, and he did ask me to leave. I made the decision not to leave because I had a couple glasses of wine & I never drink and drive. Because he did ask me to leave & I did not, could he charge me with trespassing?
Re: Domestic Violence & Child Custody from a Previous Marriage
He can't charge you with anything - all he can do at this point is make a complaint with police. Then it'll be up to the DA to decide to bring charges or not. With that said, you can't trespass in your own home. If it wasn't your home (you weren't LIVING there, only visiting, then a charge is possible).
Re: Domestic Violence & Child Custody from a Previous Marriage
I was in his house. I was not living there, as I own a home, but had been staying there nearly every night. I also had a lot of my personal belongings in his house.
What are DV suspects told with regard to contact (email, calls & texts) with the victim after the Sheriff takes their written statement?
Re: Domestic Violence & Child Custody from a Previous Marriage
The DA could probably go with it if they wanted to. Odds are they won't - but again, only the DA who receives the report will know for sure.
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What are DV suspects told with regard to contact (email, calls & texts) with the victim after the Sheriff takes their written statement?
They're not told anything - at least not anything binding. Until a court issues an order, a DV suspect is allowed to make contact in any manner that is allowable by law and allowed to communicate anything that isn't a violation of the law - just like any person.
Restraining orders aren't automatic, nor issued (typically) by law enforcement. If you want contact to stop, you'll need to request that the court issue a restraining order. Otherwise, if you've got some form of contact happening that is in violation of the law (like specific and actionable threats, for example), then that's an additional crime and you should be calling police to report a new incident. Those typces of crimes are crimes regardless of who is committing them. Other types of crimes, like making contact after told not to, require a court order FIRST before the contact will be considered criminal.