Question of Battery Domestic Violence
Q. I came home and caught my husband with another woman. When I went to leave the house, he grabbed me from behind. I told him to let go of me but he wouldn’t and begged me to just talk to him. I told him ok, and he let go. I turned around and slapped his face and he fell over the coffee table. He had a little bump on the head and wasn’t really hurt. That woman he was with called 911 on me and they ended up arresting me! I told the police what happened and they said they had to take someone to jail. Now I have a Battery Domestic Violence case. What can I do?
A. First, let me say I’m sorry about what has happened to you. It’s unfair that you are being prosecuted due to an incident that arose from a situation created by your unfaithful husband. I hope you can work things out with him. Regarding the facts as you’ve given them to me, you could, unfortunately, be convicted of Battery Domestic Violence. Under Nevada law, “Battery” is the willful and unlawful use of force on another. Battery doesn’t have to result in great injury; even light touching, if it is unwanted, could technically qualify as a Battery. Therefore, because you intentionally slapped him and he didn’t give you permission to do so, the slap falls under the definition of Battery. Furthermore, the fact you are married, makes this case “domestic” in nature. From the information you provided, it appears you are being charged with a misdemeanor, but if your husband had been significantly injured, you could have been charged with a felony, Battery Resulting In Substantial Bodily Harm.
The police take Battery Domestic Violence calls very seriously, and oftentimes when they arrive, they have in their mind that someone has to be brought to jail and charged with a crime. This is because so many times, if the couple is not separated and given a cooling off period, the violence will escalate. This isn’t the first time I’ve been told the officers said that “someone is going to jail,” when responding to a Battery Domestic Violence call. If you gave the police the same information you provided here, they took that as an admission of guilt and decided you were the aggressor.
I realize the information I’ve provided probably doesn’t make you feel good about your situation and perhaps causes you to think of other questions. Why wasn’t my husband arrested for grabbing me? Will the prosecution take into consideration that I had just caught my husband cheating on me? For more answers to these and other questions, please give our law office a call at 702-463-5590.