Many fights among couples and other family members never go beyond shouting. But some people are surprised that they have been arrested for spousal, child, or elder abuse without laying a hand on anyone. While verbal abuse is not a crime per se, it can easily become a crime if it involves threatening bodily harm.
Saying “I never touched them” won’t help you in court. You need an actual verbal abuse defense. In many cases, the crime of domestic battery in Nevada may include verbal and/or emotional abuse charges. You could even be sued for compensation if the target of the alleged verbal abuse can demonstrate they suffered psychological trauma.
If you’ve been arrested in Clark County, Nevada, you need an experienced Las Vegas domestic battery lawyer to protect your rights. At Adras & Altig, our dedicated domestic violence defense attorneys can help you tell your side of the story. Paul J. Adras and Steven M. Altig are reputable and respected Las Vegas domestic abuse defense attorneys. They have over a decade of experience handling complex cases where it’s all about what someone said, or heard, when there’s no physical evidence of harm.
What is Verbal / Emotional Abuse?
The terms “verbal abuse” and “emotional abuse” are sometimes used interchangeably, but they have slightly different meanings. Emotional abuse is a pattern of behavior intended to insult, embarrass, and create fear in another individual to control them.
Verbal abuse is a kind of emotional abuse, but not all emotional abuse is verbal. For example, looking at someone or acting in a manner that scares them is a form of emotional abuse, but it may not be verbal.
Verbal abuse and emotional abuse can both constitute the crime of domestic violence in Nevada, which is defined as the use of power, coercion and/or violence to control another. The Nevada Attorney General’s Office says verbal or emotional abuse can be charged as domestic violence if it is directed at a:
- Spouse or partner (spousal abuse)
- Child by a parent, grandparent, stepparent, or significant other of a parent (child abuse)
- Senior citizen by their children, grandchildren, or others living with or caring for the victim (elderly abuse).
It is important to understand that police who respond to a call about domestic violence almost always make an arrest. Once a charge has been filed, there’s no withdrawing the charges later. The local prosecutor has sole discretion over whether charges go forward, and they can force the accuser to testify.
Domestic violence, which is likely charged as battery (assault), is punishable by jail time, fines, community service, and counseling (at your expense) on even a first conviction.
Is Verbal Assault a Crime?
While verbal abuse/assault is not itself a crime, according to Nevada state law (NRS 200.571), verbal assault can become a crime if a person threatens another and the recipient reasonably fears they will be harmed. Specifically, verbal assault may be considered a crime if a person threatens:
- Bodily harm to the person threatened or to someone else in the future
- To cause physical damage to another person’s property
- To restrain or physically confine the threatened person or anyone else
- To commit any act with the intention of harming the threatened person or any other person with respect to their physical/mental health and safety
Nevada state law defines the above crimes as “harassment.” The first offense is a misdemeanor, while the second is considered a gross misdemeanor. So, although verbal assault by itself is not a criminal act, it can easily turn into one, especially if you threaten someone else and cause them to fear that you will carry out the threat.
You Could Be Sued for Domestic Verbal Abuse
A verbal abuse charge is more likely to stick if the alleged victim can show that the abuse was ongoing. The alleged perpetrator regularly made threats or humiliated them over a long period. This pattern indicates intention on the part of the alleged abuser.
The alleged victim can also make their case stronger if they can show that they were abused, not simply annoyed or angered. There’s no rule or requirement, but someone who can show that they have sought counseling to cope with the alleged abuse or tried to injure themselves as a means of escape demonstrates harm from another’s actions.
A person who has truly suffered from verbal abuse might pursue a personal injury civil claim for compensation ― repayment for the cost of counseling, for example ― plus compensation for their pain and suffering. This would be separate from criminal charges, but if you were the subject of such a lawsuit, a domestic violence conviction would weigh against you. The testimony of a domestic violence counselor who had worked with the lawsuit plaintiff would likely be damaging as well.
How Can a Domestic Battery Attorney in Las Vegas Help Me?
Domestic battery does not have to include physical harm for you to be convicted of the charge. The good news if you have been charged with domestic violence based on verbal or emotional abuse is that the prosecutor must prove the charge beyond a reasonable doubt to obtain a conviction. As in other criminal charges, you have a right to an attorney to defend you against the charge.
In many verbal abuse cases, there is very little evidence to prove a domestic battery charge. Many cases involve conflicting stories, which makes getting at the truth particularly difficult.
As your legal advocates, the seasoned defense attorneys at Adras & Altig can get your side of the story and gather any other evidence available to rebut the prosecution’s charges and build a defense for you.
One fight or even the occasional fight that includes a few insults is not necessarily verbal abuse. Being able to show that the charge is based on a one-time incident or that there is no pattern or evidence of injury is potentially a strong defense.
Being able to demonstrate, through witness affidavits or testimony, that the plaintiff commonly uses the same or similar language toward you may nullify the idea that they were truly harmed or felt abused.
Talk to a Las Vegas Domestic Violence Defense Attorney
The defense attorneys at Adras & Altig are here to help, not judge, people facing criminal charges of domestic violence. Regardless of what led to a charge of domestic violence against you, prosecutors have social and political pressure to take an aggressive stance against people charged with domestic violence. You will need a strong defense. You must speak with an experienced Las Vegas domestic battery attorney as soon as possible to ensure your rights are protected.
The seasoned Las Vegas domestic violence attorneys of Adras & Altig will work diligently to obtain the best possible outcome for you. Schedule a free consultation with our law office today to start your verbal abuse domestic violence charges defense.
This post was originally published in October 2019 and has been updated for accuracy and comprehensiveness in November 2021.
The post Is Verbal Abuse Considered Domestic Violence? appeared first on ADRAS & ALTIG, Attorneys at Law.
from ADRAS & ALTIG, Attorneys at Law https://www.adrasandaltiglaw.com/is-verbal-abuse-considered-domestic-violence/
via https://www.adrasandaltiglaw.com
