Domestic violence defined
Sometimes, violent behavior in a couple’s marriage can result in the filing of divorce or separation paperwork. If someone in the union is fearful that the violence may continue, a protection order may be sought from the court. An order for protection may be issued without the requirement of divorce or separation papers. Nevada residents may want further clarification of how domestic violence is described in state laws. A violent act may be in the form of battery, assault or the threat of such actions.
Battery includes punching and slapping. Assault is attempting or threatening to use physical force. Any reasonable fear of bodily harm may be viewed as assault. An act or threat of action to keep a person from doing something may be viewed as violent enough for the issuance of a protection order.
Evidence of harassment may also support a protection order for a person. Stalking, the destruction of private property, harm to a pet and trespassing can all be brought forward to the court to seek a protection order. In some situations, entering into a residence forcefully or without permission can also be construed as the basis for a protection order.
Whether a person is in fear of personal harm or not, when a divorce is being considered, consultation with an attorney is often an important step early in the process. An attorney can take action to help guarantee the physical well-being of the person as well as provide valuable guidance to ensure that the divorcing person’s rights are protected.
Source: Women’s Law, “What is the legal definition of domestic violence in Nevada?“, December 26, 2014