Defining Domestic Violence: Nevada NRS 33.018

Defining Domestic Violence (NRS 33.018)

• Domestic violence is a listed act committed upon an adult or minor, with a statutory relationship between victim and suspect.
• There's no time limit on how long ago the relationship existed.
• Required relationships include:
  • Spouse
  • Former spouse
  • Relative by blood or marriage (excluding siblings & cousins, unless in guardianship or custodial relationship)
  • Current or former cohabitant
  • Current or former dating relationship
  • Person with whom the victim shares a child
  • Minor child of any of the above
  • Own minor child
  • Legal guardian/custodian of the person's minor child

Impact of Domestic Violence

• Domestic violence harms victims and society physically and emotionally, often continuing across generations.
• Current laws aim to aid victims and provide protection and education to break the cycle.
• Involves a pattern of frequent, severe assaultive, abusive behavior to control the victim, but can be a one-time event.
• Includes physical, sexual, psychological attacks, and economic coercion.
• Behavior includes criminal and noncriminal acts.
• Considered serious, often criminal, not a private family matter.
• Peace officers play a key role in dispelling myths, ensuring victim safety, stopping violence, and holding abusers accountable.
• Batterers or abusers can be either men or women, but the crime disproportionately affects women.

Batterer and Victim Characteristics

• Batterers use various tactics to control their partners.
• Tactics include intimidation, emotional abuse, isolation, minimizing/denying/blaming, using children, male privilege, economic abuse, coercion, and threats.

Characteristics of a Batterer

• Uses violence to feel powerful
• May have low self-esteem
• As a child, often witnessed or experienced violence
• Avoids responsibility by blaming others or substances
• Often afraid, jealous, controls partner's activities
• Chooses violence in response to conflict
• May not be violent outside the home
• May believe violence is appropriate
• Reluctant to admit extent of violence
• May express remorse and promise change
• Often uses intimidation and threats
• May be cruel to animals

Characteristics of a Victim

• May have physical injuries from assault
• May have low self-esteem
• Suffers emotional trauma
• As a child, often witnessed or experienced violence
• Fears further violence to self/family
• Develops tolerance for inappropriate behavior
• Has damaged self-image, ego, and self-respect
• May feel shame or guilt
• May believe they are to blame for the violence
• May suffer from Post-Traumatic Stress Disorder, including Battered Woman Syndrome (BWS)
• May use alcohol or drugs as coping mechanism
• Is often met by disbelief from friends, relatives, and service agencies
• May give up hope Without assistance
• May ultimately resort to homicide and/or suicide

Characteristics of Children

• Often learn violence is acceptable in relationships
• May have low self-esteem
• Often learn to use violence to express frustration, anger, or needs
• Often suffer delayed development or psychological damage
• Develop a high tolerance for inappropriate behavior
• May blame themselves for the violence
• May believe violence is appropriate
• May be emotionally or physically neglected
• May be injured accidentally, intentionally, or while trying to intervene

Domestic Violence Effect on Children

• Children are affected by domestic violence, even if they are not the direct target of the abuse.
• Witnessing violence can lead to Post-Traumatic Stress Disorder.
• Children may act out learned behavior.
• May take on the role of protecting the victim and other siblings.
• Seeing a perpetrator suffer no consequences leads children to see violence as acceptable.
• Creates violence into the next generation which is known as the intergenerational chain of violence.
• Nationally, children who witness domestic violence are considered victims of child abuse.
• In Nevada, witnessing “severe” domestic violence is child abuse.
• First responders should contact CPS to report the incident.

Acts Constituting Domestic Violence; Elements Battery

• Battery is any willful and unlawful use of force or violence upon another person.
• In domestic violence the battery must be upon someone who meets the relationship requirement.
• Peace officers must arrest a person if they have probable cause to believe that the person has committed battery upon someone who meets the relationship requirements within the preceding 24 hours, unless mitigating circumstances exist.
• Penalties for domestic violence battery:
  • 1st and 2nd offense within 7 years: misdemeanor
  • 3rd and subsequent offense within 7 years: category C felony

Assault

• Unlawfully attempts to use physical force against another person with requisite relationship; or
• Intentionally places another person in reasonable apprehension of immediate bodily harm.
• The suspect is guilty of assault and domestic violence

Sexual Assault

• Subjects another person to sexual penetration against their will with the requisite relationship; or
• Commits a sexual penetration upon a child under the age of 14 years or causes a child under the age of 14 years to make a sexual penetration on himself or herself or another, or on a beast.
• The suspect is guilty of sexual assault and domestic violence.

Harassment

• Engages in an intentional or reckless course of conduct to harass with the requisite relationship.
• Commits Burglary or Home Invasion, with the intent to harass.

Burglary

• Enters any house, room, etc, with the intent to commit larceny, assault, battery, felony, or obtain money/property by false pretenses with the requisite relationship
• As part of a course of conduct of harassment

Home Invasion

• Forcibly enters an inhabited dwelling without permission as part of a course of conduct of harassment with the requisite relationship

False Imprisonment

• Confines or detains the victim without legal authority with the requisite relationship

Coercion

• Uses violence, inflicts injury, deprives victim of tools/clothing, or attempts intimidation to compel victim to act/abstain against their will with the requisite relationship.

Pandering

• Without physical force, induces the victim to become a prostitute or enter a place of prostitution with the requisite relationship

When an Arrest is Mandatory

• Officer discretion is suspended and arrests are mandated in specific situations
• Relieves the need for a victim to make a citizen’s arrest.
• Allows peace officers to intervene more directly in the situation.

Mandatory Arrest

• The domestic violence act is a battery
• The battery occurred within the last 24 hours
• The officer has determined the primary aggressor

Identifying the Primary Aggressor

• Officer are tasked with identifying the primary aggressor.
• Officer should avoid arresting both parties or labeling the violence as “mutual combat”.
• Some factors to consider when determining the primary aggressor include;
  • Injury type and location (defensive wounds)
  • Injuries consistent with statement
  • Victim demeanor
  • Prior calls for service
  • History of suspect
  • Witness statements
• A suspect arrested for domestic violence cannot be granted bail for 12 hours following the arrest.

Actions Regarding the Domestic Violence Scene

• Domestic violence calls create a dangerous situation that must be handled with great caution and attention to safety.
• Peace officers should follow as a precaution before entering the premises.
• Coordinate units and plan of approach
• Request additional (backup) officers if necessary, and
• Confirm the address
• Attempt to obtain a history of calls to the location
• Attempt to obtain a history of the parties, including mental health flags
• Make a tactical and undetected approach to the scene
• Observe the surroundings
• Stand to the side of the door and listen
• Attempt to determine how many people are involved
• Try to determine the nature of the dispute
• Try to determine the level of aggression
• Knock and identify themselves as peace officers

Scene Security

• Upon entering the premises, peace officers should:
  • Locate and identify all parties in the residence
  • Make a protective sweep of the location, if warranted
  • Scan and take control of any weapons
  • Take control of the scene
  • Determine who else is at the location
  • Determine if medical assistance is required
  • Request additional (backup) officers, if necessary
• Separate all parties to prevent influence
• Keep a watch on all parties to ensure officer safety
• Prevent eye contact between all parties prevent victim intimidatio
• Peace officers should interview everyone involved in the domestic violence incident and all additional witnesses before deciding who the dominant aggressor is.
• If any party is injured, peace officers should call for medical help.
• The peace officers need to:
  • Separate the parties
  • Control the suspect; remove from premises if necessary
  • Determine the relationship between the involved parties
  • Note and document the physical and emotional conditions of all parties and other witnesses
  • Record all spontaneous statements
  • Obtain statements from all witnesses and parties (subject to Miranda requirements as to the suspect)

Evidence in Domestic Violence Incidents

• Peace officers may need to distinguish between defensive and offensive injuries when attempting to identify the dominant aggressor.
• Peace officers need to ask about all injuries, including those concealed by clothing, make-up, hair, and glasses, as well as areas which are painful as a result of a domestic violence incident.
• The area’s most commonly injured during domestic violence incidents are the head, face, neck, chest, breasts, and abdomen.
• Peace officers should check for injuries on the scalp and behind the ears.
• Injuries on aggressors may include scratch marks on the face, back, chest, bite marks, injuries to the groin etc
• Defensive injuries are found on the victim attempting self-defense and may include injuries on inner forearms, injuries on the backs of hands and arms, injuries to the back and legs etc
• Peace officers should note, fully describe, and photograph all injuries and areas of complaints of pain.
• Peace officers should look for, document, and photograph any injuries and/or blood on the aggressor’s knuckles and under fingernails.
• Evidence under fingernails of either party should be collected for possible later DNA testing.

Self-Defense

• Elements include:
  • Must reasonably believe they are about to be assaulted (prior history is relevant).
  • Assault must be imminent.
  • Amount of force used must be reasonable.
  • Victim is not required to retreat.

Other evidence

• Weapons used to injure or threaten
• Destruction of personal property
• Victim, witness, children statements
• 911 recording
• Animal control reports
• Prior calls for service

Documentation and Collection of Evidence

• Photograph the crime scene
• Photograph all parties whether they are injured or not
• Photograph injuries on all parties, including children
• Photograph areas where any party complains of being injured where no injuries are observed (often injuries will be visible a day or two later)
• Photograph areas where there are no injuries where you would expect to see them were the batterer or victim’s account accurate
• Photograph displays of emotion by involved parties such as crying, trembling, flushed face, or the absence of obvious emotion
• Photograph locations where children are found
• Photographing the victim and children is helpful in the event they are unavailable for future court appearances and the prosecutor elects to proceed without them.

Weapons Seized

• Indicate the type of weapon
• Indicate how it was used (if at all)
• Indicate location where seized
• Basis for seizure and evidence (used in the crime)
• Contraband (weapon is illegal or batterer is prohibited from having the weapon)
• Safekeeping
• Provide receipt for any or all weapons received

Evidence Seized

• Pre-existing photographs that tend to indicate a relationship between the parties
• Any evidence of prior abuse in victim’s possession

Peace Officer Actions Required in a Domestic Violence Investigation (POST F)

• Every law enforcement agency must record all domestic violence-related calls for assistance and that all such calls be supported with a written incident report.
• The report may be the only available information used to prosecute the batterer.
• A series of reports assists in the documentation of the pattern of abuse in a relationship.

When a Report is Required (NRS 171.1227)

• If a peace officer investigates an act that constitutes domestic violence pursuant to NRS 33.018, the peace officer shall prepare and submit a written report of the investigation to the peace officer’s supervisor or to another person designated by the peace officer’s supervisor, regardless of whether the peace officer makes an arrest.
• If the peace officer investigates a mutual battery that constitutes domestic violence pursuant to NRS 33.018 and finds that one of the persons involved was the primary physical aggressor, the peace officer shall include in the report:
  • (a) The name of the person who was the primary physical aggressor; and
  • (b) A description of the evidence which supports the peace officer’s finding.
• If the peace officer does not make an arrest, the peace officer shall include in the report the reason the peace officer did not do so.
• The information contained in a report made pursuant to a domestic violence incident shall also include:
  • (a) The gender, age and race of the persons involved;
  • (b) The relationship of the persons involved;
  • (c) The date and time of day of the offense;
  • (d) The number of children present, if any, at the time of the offense;
  • (e) Whether or not an order for protection against domestic violence was in effect at the time of the offense;
  • (f) Whether or not any weapons were used during the commission of the offense;
  • (g) Whether or not any person required medical attention;
  • (h) Whether or not any person was given a domestic violence card that contains information about appropriate counseling or other supportive services available in the community in which that person resides;
  • (i) Whether or not the primary physical aggressor, if identified, was arrested and, if not, any mitigating circumstances explaining why an arrest was not made; and
  • (j) Whether or not any other person was arrested.

Additional information to assist in prosecution

• A notation of whether peace officers observed any sign that the batterer (abuser) was under the influence of alcohol or controlled substance
• A notation of whether peace officers determined if any law enforcement agency had previously responded to a domestic violence call at the same location involving the same abuser and victim
• Full description of the crime scene
• Number of prior incidents and known injuries
• Responding agencies and case numbers
• Protective orders (expired, valid, or obtained at the scene)
• Domestic violence resource information provided to the victim
• Copy of the “9-1-1" incoming call requested or obtained
• Victim and batterer location upon arrival
• Victim’s physical and emotional condition
• Batterer’s physical and emotional condition
• Physical and emotional condition of all witnesses, including children, elders, other household members, and neighbors
• Verbatim spontaneous statements from victim, batterer, and witnesses, including all children
• Names and ages of all children living in the home, if any
• Contact person if victim goes into hiding
• Relevant physical evidence
• Batterer’s probation and/or parole status
• Medical assistance requested/refused
• Medical records release request signed by the injured party

Information Required to be Provided to a Victim of Domestic Violence (NRS 171.1225)

• Officers must explain the mandatory arrest requirement, the availability of a shelter and victim support services, the officer must provide written notification of the following
  • The officers name
  • The mandatory arrest provisions
  • The availability of requesting charges from the District Attorney (where no mandatory arrest situation exists)
  • The availability of a protective order
  • The areas the protective order can protect.
  • Where to go and how to get a protective order
  • The availability of an emergency protective order.

Investigating and Documenting Strangulation

• Strangulation = a form of asphyxia characterized by closure of the blood vessels and air passages of the neck as a result of external pressures on the neck.
• Signs and Symptoms of Strangulation
  • Neck pain
  • Sore throat
  • Scratch marks
  • Tiny red spots, red linear marks, bruising
  • Hoarseness
  • Loss of voice
  • Difficulty swallowing
  • Light headed or head rush
• Types of Strangulation officers may encounter
  • Hanging -- nearly always suicide.
  • Ligature Strangulation -- if death results, these are almost always homicides.
  • Garroting by telephone cord, rope, wire, clothing, or other means.
  • Manual Strangulation; Hands, Forearms, Standing or kneeling on the neck
  • Fainting or unconsciousness
  • Nausea or vomiting
  • Loss of bodily function
  • Red eye (petechial hemorrhage)
  • Rope or cord burns
  • Neck swelling.
• Always call EMS due to potential internal injuries that can be fatal.
• Routinely ask every abuse victim, “Did the suspect strangle (“choke”) you?” If she says “no,” then ask, “Did he put his hands or object around your neck?”
• Officers should include in their report any information related to strangulation, including the fact they asked the victim about any incident and their response.

Stalking (NRS 200.575)

• A person who willfully or maliciously engages in a course of conduct, directed at the victim, that would cause a reasonable person to feel terrorized, frightened, intimidated or harassed, or fearful for his/her immediate safety, or the immediate safety of a family or household member, and actually causes the victim to feel in the manner(s) described, commits the crime of stalking.
• A a person commits the crime of stalking with the use of an Internet or network site or electronic mail or any other similar means of communication to publish, display or distribute information in a manner that substantially increases the risk of harm or violence to the victim shall be punished for a Category C Felony.
• 1st Offense – misdemeanor
• 2nd Offence – gross misdemeanor
• 3rd and subsequent, category C felo

Aggravated Stalking

• If the person who commits the crime of stalking and in conjunction therewith threatens the person with the intent to cause him to be placed in reasonable fear of death or substantial bodily harm commits the crime of aggravated stalking.
• Stalking may also be aggravated stalking if under the following circumstances:
• While a proceeding for dissolution of marriage is pending for which a person has actual or legal notice or within 6 months after the final divorce decree and that person commits the crime of stalking as outlined in NRS 200.575 they shall be guilty of Aggravated Stalking.
• If during a child custody dispute a person commits the crime of stalking on a person with whom he/she has a child in common, while the proceeding for custody of the child is pending, that person shall be guilty of Aggravated Stalking.
• If a person is found guilty of Aggravated Stalking during a divorce or custody dispute:
• 1st offense – gross misdemeanor
• 2nd and subsequent – Category B Felony

Investigative Steps for Stalking

• Course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.
• Substantial emotional distress can be established through changes in victim’s daily patterns, seeking medical or psychological help, contacting services for victims of domestic violence, moving, etc. Harass means a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, torments, or terrorizes the person and serves no legitimate purposes.

Identification of Common Evidence

• The peace officer needs to research the pattern of stalking before proceeding with an arrest.
• The peace officer should interview the victim and document the abuser’s activities in order to establish the pattern of stalking.
• Determine if there are closed or pending cases, if there are noncriminal acts of harassment, and if there have been any annoying phone calls or letters
• Determine if restraining orders exist, the number and date obtained, the date they expire and if they have been served

Documentation and Collection of Evidence

• Have the victim:
  • Save all letters and notes from the stalker
  • Keep a journal noting time/date/location information for all incidents
  • Record indirect contact with the stalker through friends or family members
  • Take pictures of the stalker as they follow or drive by if possible and safe.
• Collect
  • Digital or hardcopies of emails
  • Voice messages
  • Notes
  • Any other evidence of contacts/ attempted contacts
  • Witness statements
  • Employer records
  • Any evidence which would establish a course of conduct
• Stalking is deemed to have been committed where the conduct occurred.
• If a threat was made, jurisdiction can be at the place the threat was made or received.

Grounds for the issuance of an anti-stalking protective order

• The court may issue a temporary or extended order to restrict the conduct of the suspect.
• Where a person can demonstrate to the court a reasonable belief that the crime of stalking, aggravated stalking or harassment is being committed against him or her, they may petition the court for a protective order..
• A person who intentionally violates a temporary protective order is guilty of a gross misdemeanor.
• A person who intentionally violates an extended order is guilty of a Category C felony.

Elements of Harassment

• The person knowingly threatens:
  • To cause bodily injury in the future to the person threatened or to any other person;
  • To cause physical damage to the property of another person;
  • To subject the person threatened or any other person to physical confinement or restraint; or
  • To do any act which is intended to substantially harm the person threatened or any other person with respect to his or her physical or mental health or safety; and
• The person by words or conduct places the person receiving the threat in reasonable fear that the threat will be carried out.

Credible Threat

• A credible threat means a verbal, written, and/or electronically communicated statement, and/or a threat implied by a pattern of conduct made with the intent of placing the targeted person in reasonable fear for his or her safety or that of his or her immediate family.
• A credible threat can be through
  • 9-1-1 calls
  • Restraining order violations
  • victim’s actions to avoid contact (e.g., leaving residence)
  • taped conversations
  • evidence left by abuser (e.g., bullet taped on the victim’s windshield)
  • prior acts of domestic violence.
• A person who is guilty of harassment
  • For the first offense, is guilty of a misdemeanor.
  • For the second or any subsequent offense, is guilty of a gross misdemeanor.

Requirements of Assistance for Victims of Domestic Violence

• Because victims of domestic violence are often traumatized, they will likely need support, advice, and services to assist them in seeking safety and a sense of security.
• In all cases, the peace officer should request the appropriate medical attention.

Provisions of NRS 171.137

• Peace officers need to provide all victims of domestic violence with follow-up information.
• Peace officers should provide
  • the case or incident identification number
  • the contact information for the appropriate investigative unit
  • provide the domestic violence resource information
  • advise the victim of the availability of protective orders
  • inform the victim about victim/witness services
  • refer the victim to a shelter for emergency housing
  • offer and provide, when requested, civil (police) stand-bys for removing personal property and assistance in safe passage out of the victim’s residence

Explaining available resources and protective action

• The peace officer should encourage the victim to follow through with criminal prosecution.
• Peace officers should explain available resources and protective action the victim may take, including:
  • confidentiality
  • complaint warrant processes
  • private person arrest procedures
  • restraining orders
  • available community shelters and other services
  • any available Victim’s Compensation Programs
  • civil suit for losses suffered as a result of the abuse
  • hot-line phone numbers for domestic violence and sexual assault centers
  • availability of changing their Social Security number

Personal safety options

• Increasing Victim and Family Safety
  • Suggest to victims that they:
    • develop safety and/or escape plans
    • change the locks
    • stay with friends, relatives, etc.
    • change work and travel routines
• Locating a Safe Place to Stay
  • Inform victims of the existence of local shelters
• Calling for Law Enforcement Protection
  • Encourage victims to call for help when they feel threatened
• Protective Orders
  • Inform victims that Protective Orders are valid and enforceable throughout the United States

Enforcement of a Domestic Violence Protection Order

• Protective orders give peace officers the ability to act if the order is violated.
• A protective order stops the batterer from having contact with, beating, threatening, or harassing the victim and those living with the victim.

Foreign orders

• A foreign order is a valid domestic violence-related order, issued by a court of another state, commonwealth, territory, insular possession subject to U.S. jurisdiction, military tribunal, or tribe, must be honored and enforced in this state and treated like orders issued by local courts.
• Authority to arrest applies to foreign orders.

Issuance of a Protective Order

• If an officer contacts a suspect who is in violation of a restraining order then the officer must arrest that suspect for violation of the order, IF:
  • The officer can verify that the adverse party has already been served with the order.
  • Validity of Restraining/Protective Orders
  • Restraining orders can be presumed valid if they:
    • Give the names of the parties involved
    • Contain the date the order was issued
    • Contain an expiration date that has not yet passed
    • Specify terms and conditions against the adverse party
    • Contain the name of the issuing court and are signed by a judicial officer

-Crime Classification of a Violation of a Temporary or Extended Restraining Order

• A person who violates a temporary or extended order is guilty of a misdemeanor
• A person who violates a temporary or extended order a second time is guilty of a gross misdemeanor.
• A person who violates a temporary or extended order three or more times is guilty of a category D felony.

-Liability of Officers

• An officer who enforces a TPO or EPO based upon a reasonable belief that the order is valid is immune from civil and criminal liability.
• An officer who refuses to enforce a TPO or EPO based upon a reasonable belief that the order is not valid is immune from civil and criminal liability

Crime Classification for the crime of domestic violence

• For the 1st offense within 7 years, the crime classification is misdemeanor
• For the second offense within 7 years the crime classification is misdemeanor (with increased punishment)
• For the third offense within 7 years, the crime classification is a category B felony