As family lawyers, we work hard to make divorce a civil and productive experience for our clients. We believe that everyone in the divorce process is in pain and deserves to be treated with respect. Sadly, divorce hits people in unpredictable ways and we sometimes encounter situations that become unsafe.
Violence, threats, stalking, and harassment in the context of divorce are dangerous behaviors that terrify victims and their children alike. This may include some of the following misconduct:
- Making threats of violence.
- Repeated, unwanted phone, text, and social media communication.
- Stalking at the victim’s home, workplace, or children’s school.
- Attempting to get the victim fired from work.
- Physical or sexual assault.
- Destroying property.
- Threatening children.
- Threatening or harming animals.
Nevada is a No-Fault State
Regarding divorce proceedings, Nevada is a no-fault state, meaning that courts are limited in how they may consider violence or harassment as factors when granting a divorce or deciding issues of community property or alimony (except when community property is destroyed or a party’s ability to work is impacted). Nevertheless, there are ways that victims can protect themselves and their children.
Seeking Temporary Protective Orders
Despite that Nevada is a no-fault divorce state, courts take domestic violence and harassment very seriously. A victim of domestic violence can seek a temporary protective order or injunction against the perpetrator of violence. Protective orders can order a perpetrator of violence to leave the marital residence and stay away from the home, workplace, and school. It can also set forth temporary child custody and visitation orders. The penalties for violating an order for protection against domestic violence can be serious, ranging from jail time to a misdemeanor or felony criminal convictions.
Child Custody Proceedings
Finally, domestic violence can play a critical role in how courts decide child custody. Courts are tasked with deciding a child’s best interest, and the child’s safety is of the utmost importance to judges. Therefore, if there is evidence of domestic violence or child abuse, this can result in a perpetrator’s severe restriction or complete loss of visitation and access to their child.
Contact Viloria, Oliphant, Oster & Aman L.L.P.
At Viloria, Oliphant, Oster & Aman, L.L.P., the safety and well-being of our clients is of the utmost importance. If you are getting divorced and are the victim of violence or harassment, or are being falsely accused of such behavior, you need an experienced family lawyer. Our attorneys are smart, compassionate, and responsive professionals who understand the law. Divorce is a hard and emotionally charged time in your life. We understand this and strive to fight for our clients’ best outcomes. Let us help you. Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 227-2280 to schedule an appointment or contact our office through our website.