Goodman Law Group, P.C.

The Order of protection can prohibit any contact whatsoever with the Applicant including but not limited to, in person, by telephone, through the mail, through email or through another person. Depending on the factors, the Order of protection may prohibit: (1) either directly or through an agent from threatening, physically injuring or harassing the applicant and/or minor children; (2) selling, damaging, destroying, giving away or otherwise disposing of, or tampering with, any property owned by the Applicant, or in which the Applicant has an interest; (3) staying away from the children’s school; and (4) staying away from the residence and employment.

HI Julia, you can have a free consult on your case. Please call Tiffanie at (702) 383-5088

Yes, violating an Order is a Gross Misdemeanor and if arrested requires a minimum of 12 hours in jail if: (1) the arresting officer determines that the violation is accompanies by a direct or indirect threat of harm; or (2) you have previously violated a temporary or extended order for protection of the type for which you have been arrested or (3) at the time of the violation or within 2 hours after the violation you test for ethanol with a blood alcohol content of .08 or more or with an amount of prohibited substance. A person who violates an extended order for protection against domestic violence which prohibits possession, custody or control a firearm can be charged under NRS 202.360 with a Category B Felony punishable by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

Can you be sued for monetary damages for causing personal injury if convicted of a DUI. Pursuant to NRS 42.010, in addition to compensatory damages, the injured person may recover for the sake of example and by way of punishing the driver exemplary and punitive damages if the driver caused an injury after willfully consuming or using alcohol or another substance, knowing that the driver would thereafter operate the motor vehicle.

You can continue to drive on a 1st DUI with a restricted Driver's License and after an administrative hearing install an interlock breath device for 185 days with credit for the time your drove on a restricted driver's license. For a second violation of a DUI within seven years, Nevada revokes your driver's license for a period of one (1) year but allows you to continue drive during the revocation period with a interlock breath device. However, the revocation period is extended for three years for a felony DUI or a third violation within 7 years but does not start until after the period of imprisonment, residential confinement or parole.

You can be convicted of a DUI even if you do not have a blood alcohol concentration of .08 or more taken within 2 hours after driving. Instead, the prosecutor can proceed under the "impairment theory" where there is evidence that a person was under the influence of intoxicating liquor to any degree, however slight, which rendered you incapable of safely driving. This theory of liability may be the only one available if the results of the blood alcohol concentration are excluded or suppressed.

Never went there

The legal limit for a DUI is establishing blood alcohol content of .08 or higher. This is referred to as a "per se" violation. Under NRS 484C.110(c), the statute presumes that the blood alcohol content taken within "two hours" of the time of driving is the same blood alcohol content at the time of driving. If it is outside of the two hour rule, the prosecutor must attempt to use retrograde extrapolation to establish the blood alcohol content at the time of driving.

Nevada offers a Felony DUI Court program called the Serious Offender Program ("SOP"). You may apply to the Court to undergo a program of treatment for alcoholism or drug abuse administered through the Felony DUI Court for 3 years. You must be diagnosed as an alcoholic or abuser of drug and acceptance into the program is entirely within the discretion of the Court. If accepted into the SOP, further proceeding will be suspended and no adjudication of guilty will be entered with probation of not more than 5 years, the first six (6) months of residential confinement, install at own expense, an approved breath ignition interlock device in any vehicle you own or operate, submit to periodic testing for the use of alcohol or controlled substances and other conditions the court deems necessary. If you successfully complete the SOP the court will enter a judgment of conviction for a DUI, Second offense, misdemeanor. However, even though a misdemeanor, any subsequent DUI conviction is treated

A person can be convicted of a DUI even if not driving the vehicle. A person is in "actual physical control" of a vehicle under NRS 484.379(1) when the person has existing bodily restraint, directing influence, domination, or regulation of the vehicle. There are a number of considerations, including where, and in what position, the person is found in the vehicle, whether the vehicle's engine is running, whether the occupant is awake or asleep, whether, if the person is apprehended at night, the vehicle's lights are on, the location of the vehicle's keys, whether the person was trying to move the vehicle, whether the property on which the vehicle is located is public or private, and whether the person must, of necessity, have driven to the location where apprehended.

The distinguishing feature between a simple battery, and battery constituting domestic violence, is the existence of the domestic relationship under. NRS 33.018. Domestic violence occurs when a person commits one of the following acts against or upon the person’s spouse or former spouse, any other person to whom the person is related by blood or marriage, any other person with whom the person has had or is having a dating relationship, any other person with whom the person has a child in common, the minor child of any of those persons, the person’s minor child or any other person who has been appointed the custodian or legal guardian for the person’s minor child. A dating relationship requires “frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement.” However, a “casual” relationship or the “ordinary association between persons in a business or social context” is not considered a dating relationship.

Hi Renee, Unfortunately Ross does not work Pro Bono.