Domestic violence definition limits who gets protection orders

Domestic violence has many faces.

While many think of the stereotypical "battered wife," the general term refers to many types of abuse, such as child abuse, family violence, intimate partner abuse, elder abuse and sibling abuse.

It also has many characteristics, including, but not limited to, physical, sexual, emotional, verbal and financial abuse.

Yet, in Nevada, domestic protection orders are issued only to those who meet the definition of domestic violence under Nevada Revised Statute 33.018.

"Although emotional, verbal and financial abuse is a very real and significant form of abuse, it's not in the definition as what is described as domestic violence by the Nevada Statute," said April Green, directing attorney of the Family Justice Project at the Legal Aid Center of Southern Nevada, 725 E. Charleston Blvd. "For that reason, if your application and narrative of harm only speaks to the kind of domestic violence that's not defined as domestic under our law, then it is not likely to be granted unless it can be linked with some kind of force or threat of force."

Green stated an example: "If a perpetrator were to say, 'Give me your check,' but you don't want to — that's a kind of financial violence, but it doesn't meet the definition of domestic violence under NRS 33.018. But if person says, 'Give me your check, or I will beat you up,' that's a threat that meets the statute and may get a protection order extended."

While threats are taken seriously, emotional abuse is not mentioned under NRS 33.018.

"Unfortunately, because emotional, verbal, and financial abuse don't fall under T.P.O. (temporary protection order), it can oftentimes put someone in a situation when there are not enough resources to leave the abusive spouse or partner," said Hannah Brook, director of community and donor relations at the Safe Nest shelter. "I had a victim say before that physical scars can go away, but it takes much longer for emotional scars to heal."

In simple terms, a domestic protection order is issued by a court to allow an applicant to use the court's power to require an adverse party to do, or not do, certain things.

A protection order may cause the adverse party to stay away from the home, school, business and workplace of the victim. It may also restrain the adverse party from contacting the victim and any other person, including, without limitation, a family member or household of the victim.

"Any person who believes they've been victimized by what they consider to be domestic violence can and should file for a domestic protection order," Green said. "In order for a court to grant a protection order, whatever harm occurred to the person applying must be consistent to what we consider to be domestic violence under the law."

If a perpetrator is arrested for domestic violence, a domestic protection order is automatically issued to the victim within 12 hours of the arrest, and a hearing is set for the extension of the protection order, Green said.

The Family Violence Intervention program (commonly called the TPO office) of the District Court/Family Division accepts and processes applications for protection orders at 601 N. Pecos Road. There is no fee to file.

"Victims should be careful to describe the most recent and serious incidences of violence in great detail at the beginning of their narrative," Green said. "They should include in the narrative other major incidences of violence in chronological order, (from) most recent first. They should describe in great detail the harm caused by the violence, most especially injuries and other consequences."

For these acts to be considered domestic violence, the applicant must have a specific relationship to the person doing the act.

She added that victims should include in their narrative disabilities, if the perpetrator was arrested before, if they were treated by the hospital or taken to the hospital and if children were affected adversely.

At the hearing, victims are encouraged to bring eye witnesses and any written proof that they have to show to the judge, including police reports, medical documentation, text and phone messages, photographs, videos and phone records.

Once the application is submitted to the court, the judge can approve or deny it based on the paperwork. If the judge has additional questions, he can set a hearing before making a decision.

If approved, the judge will grant a temporary protection order that is good for 30 days. Before it expires, the victim can go back to court and file an application that is good for a year.

It can only be extended after a year if the victim shows proof that the adverse party has new incidents of violence.

"In other states, the time period is much longer and can last between three to five years," Green said. "I think the one-year period should be expanded to at least three years to give as much protection to victims as possible. Nevada is uniquely situated in that for several of the past few years, our state has been No. 1 for homicides against women. Our laws and our response need to be more in line with the degree of the problems that we have here."

The protection order becomes effective when law enforcement serves it to the adverse party.

Victims should call 911 to report the violation of a protection order. If the victim chooses not to report the violation to the police by calling 911, they could also go to the TPO office and complete paperwork to have their abuser held in contempt for violation of the protection order.

Violation of a protection order is against the law. The court can fine the abuser $500 per violation or order five days in jail for each violation.

The protection order is entitled to full faith and credit whether or not it was registered so long as, in the other state, the abuser had notice and opportunity to be heard before that protection order was issued.

Immigrants of domestic violence who are the child, parent or current/former spouse of a U.S. citizen or a permanent resident (green card holder) and are abused by the citizen or permanent resident may be eligible to apply for a green card themselves without needing the abuser to file for immigration benefits on their behalf through the Violence Against Women Act.

In addition, the U nonimmigrant status (or U visa) offers immigration protection for victims. To obtain U status, the victim must obtain a certification from law enforcement; however, law enforcement officials should note that providing a certification does not grant a benefit — only the U.S. Citizenship and Immigration Services has the authority to grant or deny this benefit.

Pro bono attorneys are available at the Legal Aid Center of Southern Nevada. Call 702-386-1070 or visit lacsn.org.

For more information, visit civillawselfhelpcenter.org.

— To reach North View reporter Sandy Lopez, email slopez@viewnews.com or call 702-383-4686. Find her on Twitter: @JournalismSandy.