DOMESTIC ABUSE AND DIVORCE

Writtten By Nedda Ghandi, Esq.

As a family law attorney, there are no cases that are more heart breaking than those that involve domestic abuse. The challenges in handling these cases are significant and often require an attorney to be more readily available to their client than in other matters.

Domestic abuse is violence that occurs between partners or household members. It is often a pattern that develops and continues over time but can also include random incidents. It can take many forms, and is often nuanced. Some examples include:

• Sexual abuse and coercion: physically forcing, threatening or manipulating the victim to engage in sexual contact or activity without consent.

• Physical Abuse: physical violence, assault or battery.

• Verbal and emotional abuse: belittling, degrading or undermining the victim’s self-worth; using manipulation or mind games to reduce self-esteem.

• Economic abuse: Restricting the victim’s access to financial resources, rendering the victim financially dependent on the perpetrator; controlling a person through economic deprivation or limitations.

• Coercive control: Engaging in a pattern of oppressive behavior to control the victim, including stalking, monitoring or isolating him or her.

According to the national statistics, more than 10 million women and men suffer from some kind of domestic violence in a year. More than 1 in 4 women and more than 1 in 10 men have experienced sexual violence, physical violence, or stalking by an intimate partner and reported significant short- or long-term impacts, such as post-traumatic stress disorder symptoms and injury. According to the Nevada statistics from the National Domestic Violence Hotline:

• 43.8% of Nevada women and 32.8% of Nevada men experience intimate partner physical violence, intimate partner sexual violence and/or intimate partner stalking in their lifetimes.

• For many years, Nevada consistently ranked 1st in the nation for domestic violence fatalities.

• In 2017, Nevada ranked 4th in the rate of femicide with 56% of these femicides were committed by intimate partners.

• In 2019, Nevada domestic violence programs served 37,669 survivors.

According to the Center for Judicial Excellence between 2008 to 2021, 819 children in the United States were murdered by a parent, stepparent or other caregiver during family-law matters that ended in the homicide of a child. Nearly 30 million children in the United States will be exposed to family violence by the time they turn 17. Exposure includes a child witnessing a parent physically harming the other parent, observing a parent’s injuries after the fact or overhearing verbal abuse directed at a parent.

Nevada is a “No-Fault” state. This means that the party seeking a divorce does not need to show any type of bad behavior on part of the other party to file for a divorce. A mere claim that there are “irreconcilable differences” to the extent that the marriage cannot be saved is enough to file for a divorce. However, the existence of “domestic violence” allegations may impact the rights of the parties during the divorce proceedings.

Due to the fact that Nevada is a “no-fault” state, the issue of domestic violence will not play a significant role in obtaining a divorce judgment or in the division of assets (unless the abuse involved damage to community property). However, the impact of domestic violence is significant on the physical and emotional well-being of any person and any children involved. Therefore, courts take charges of domestic violence very seriously. In handling a divorce matter that involves domestic abuse, a practicing attorney will want to keep the following issues at the forefront:

• Protective Orders: In Nevada, the victim of domestic violence can file for an “Order for Protection Against Domestic Violence.” The applicable provisions are found at NRS 33.017 et seq. the Supreme Court of Nevada has basic forms in multiple languages available in its online Self-Help Center for obtaining an “Order for Protection Against Domestic Violence.” The victim may ask for a temporary or extended Protective Order. These orders majorly most often include two types of relief:

• Stay-away orders: Orders no contact with the victim in any manner or limitations from being within a certain distance from the victim at home, at work, or at any other place the victim is known to visit often. » No contact/Limited contact with children: Orders the abuser to not contact or have limited/supervised contact with the children.

• Child Custody: If there is a consistent and provable behavior showing domestic violence, then the abuser is less likely to get child custody. If extreme allegations of domestic violence are proven, some judges may order a complete prohibition on visitation, supervised visitation, or visitation only in public places, and may prohibit overnight visitation. If it is proven that being a witness to domestic violence or being close to the abuser negatively impacts the child’s well-being, the court may consider domestic violence as a prominent factor in determining custody rights.

• Waste and Alimony: While Nevada is a ‘nofault” state, if it can be established that the abuser’s behavior cause damage to community property, a claim of waste may be made that may impact property division for the victim’s benefit. Additionally, in determining the amount of alimony, the court may look at the relevant allegations of domestic violence to determine whether the domestic violence includes aspects related to economic or financial abuse or abuse that impacts earning capacity and the courts may grant higher alimony.

• Evidence to Prove Allegations: Mere allegations without any evidence will generally not help the victim. The existence of legitimate and admissible proof which shows what kind of abuse was done and how it impacted the victim either physically, mentally, emotionally, or economically will have a greater impact upon the case. Therefore, it is always recommended to the victims to preserve all evidence and proof they have related to their domestic violence claim.

• Kind & Level of Domestic Abuse: The kind and level of domestic abuse are important criteria judges look at while deciding issues like child custody. Further, the duration or the consistency of the domestic abuse is also considered by the courts.

• Be Patient and Compassionate: It takes incredible bravery to break the cycle of abuse by pursuing a divorce. Attorneys handling such matters must be patient and understanding of the impacts that abuse has on the parties involved. It is a delicate balance to be both sensitive to where your client is at emotionally and to be an advocate for your client in this situation.

Some clients may want to be aggressive and fully disclose what has happened. Others may not be ready to disclose anything to the public. In working with your client, it is critical to recognize that the client needs to direct and consent to all aspects of any disclosures of allegations of abuse. Whatever their choice, attorneys should respect it and simply advise their client that you will support them in every step of the process.

• Be Aware of Resources: In handling any case involving allegations of domestic violence, always be prepared to provide your client with resources that they can choose to utilize when and if they choose to do so. Advocates for victims of domestic violence are ready to help with resources that include law enforcement, medical assistance, mental health counselors, job training and assistance, shelter and food resources, child protective services, day care, etc. Nevada resources include the Nevada Coalition to End Domestic and Sexual Violence (NCEDSV), Crisis Support Services of Nevada, the Las Vegas SafeNest Domestic Violence Hotline, and the National Domestic Violence Hotline.

Domestic violence may lead to different civil and criminal charges against the perpetrator, including charges for assault and battery. When these charges either form part of a divorce proceeding or are grounds for such divorce proceedings, then the rights of the parties to the proceeding may be impacted. Helping any client in such circumstances find the right family law attorney is a critical first step.

Nedda Ghandi, Esq., is the founding partner of Ghandi Deeter Blackham Law Offices. A Nevada native, Ghandi is a graduate of the University of Nevada, Las Vegas William S. Boyd School of Law and has practiced law in Las Vegas for 9 years. Ghandi has written numerous articles for publications concerning interesting developments in the law, and has been selected as a member of Nevada’s Legal Elite and as a Super Lawyer every year since 2013. Ghandi Deeter Blackham specializes in family law, bankruptcy, guardianship, and probate. Consultations may be scheduled by calling 702.878.1115 or visiting www.ghandilaw.com Nedda Ghandi, Esq., is the founding partner of Ghandi Deeter Blackham Law Offices. A Nevada native, Ghandi is a graduate of the University of Nevada, Las Vegas William S. Boyd School of Law and has practiced law in Las Vegas for 9 years. Ghandi has written numerous articles for publications concerning interesting developments in the law, and has been selected as a member of Nevada’s Legal Elite and as a Super Lawyer every year since 2013. Ghandi Deeter Blackham specializes in family law, bankruptcy, guardianship, and probate. Consultations may be scheduled by calling 702.878.1115 or visiting www.ghandilaw.com