- 18
- August
2010
As the incident rate of domestic violence in America increases, state legislatures and local agencies have responded by passing strict laws and regulations to protect the victims of domestic violence. It is a crime, which has unfortunately become highly politicized. Currently, in Las Vegas, police officers are required to make an arrest when they respond to a domestic violence call. Although they look for evidence of abuse such as bruises, cuts or other marks, one party's statement against another is enough to warrant an arrest. In Las Vegas, prosecutors will not drop domestic violence charges even if the victim recants his or her statement or requests the charges be dismissed.
People Often Falsely Accuse a Spouse, Partner or Roommate of Domestic Violence
Asserting an allegation of domestic violence can provide the accuser with significant legal advantages such as a favorable position in a custody battle. One may also assert a false accusation of domestic violence for the purpose of personal revenge. Oftentimes domestic situations, which are emotionally charged, produce false accusations of wrongdoing.
It is an unfortunate reality that some may initiate a fight with their spouse, partner or roommate in order to provoke a response. Sometimes provocations are intended to elicit a reaction that can be reported to the police. Some disturbed individuals may self-mutilate and then falsely accuse their spouse, partner or roommate of committing a violent act against them. Once an accusation of domestic violence is reported to the police, the consequences for the accused are serious.
What To Do If You Have Been Accused of Domestic Violence
In Las Vegas, any accusation of domestic violence is taken very seriously. Police and prosecutors will seek to impose penalties against the accused in almost every incident. If you have been accused of domestic violence in Las Vegas, before talking to the police remember to take the following steps:
First, exercise your right to remain silent. The police will encourage you to give a statement by suggesting it is in your best interest to provide an explanation. What the police are attempting to accomplish, is to persuade you to commit yourself to a version of the facts that can later be used against you. Do not be fooled. Attempting to explain the situation will not prevent the police from arresting you. Nor will it prevent prosecutors from pursuing a domestic violence charge against you.
Second, do not resist the police. Cooperate, but remain silent until you can retain counsel.
Third, as soon as the opportunity presents itself, speak to an experienced criminal defense attorney who has experience of successfully defending domestic violence charges.
