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Nevada Domestic Violence Resource Manual

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Nevada Domestic Violence Resource Manual NEVADA DOMESTIC VIOLENCE RESOURCE MANUAL For LAW ENFORCEMENT PROSECUTORS THE JUDICIARY ATTORNEYS ADVOCATES Prepared By THE URBAN GROUP LLC Principal Editor Ruth Pearson Urban, M.S. Legal Editor Professor Mary Berkheiser UNLV Boyd School of Law Principal Authors Ogonna Atamoh, Law Student Heidi Bock, Law Student Professor Mary Berkheiser Ruth Pearson Urban, M.S., Social Worker Contributing Authors Leslie Clark, Law Student Lisa Mitalski Noel, Law Student and Legal Secretarial Services Provided By Professionally Legal Ellen Sternhill, PLS For THE ADMINISTRATIVE OFFICE OF THE COURTS SUPREME COURT OF NEVADA ADVISORY COUNCIL FOR PROSECUTING ATTORNEYS PEACE OFFICERS STANDARDS AND TRAINING FALL 2000 TABLE OF CONTENTS PREFACE I. INTRODUCTION .......................................... ii II. DISCLAIMER ............................................ ii III. ACKNOWLEDGMENTS ................................... ii IV. DEDICATION ............................................ iii V. ABOUT THE AUTHORS AND EDITORS ................... iii, iv CHAPTER 1 UNDERSTANDING AND ADDRESSING DOMESTIC VIOLENCE .....................................1 CHAPTER 2 DOMESTIC VIOLENCE LAWS ..............................58 CHAPTER 3 LAW ENFORCEMENT .....................................77 CHAPTER 4 PROSECUTION ..........................................133 CHAPTER 5 THE JUDICIARY .........................................218 CHAPTER 6 CIVIL PRACTICE ........................................255 CHAPTER 7 VICTIM SERVICES .......................................269 GLOSSARY OF TERMS .....................................................321 BIBLIOGRAPHY ...........................................................328 APPENDICES .............................................................334 INDEX ...................................................................335 ii I. INTRODUCTION The Nevada Prosecution Advisory Council, Administrative Office of the Courts and Peace Officers Standards and Training requested the production of a comprehensive domestic violence manual that will focus on domestic violence issues in Nevada. This Manual provides background information on domestic violence and an overview of domestic violence laws, along with chapters devoted specifically to Law Enforcement, Prosecution, Judiciary, Civil Practice and Victim Services. The Manual was made possible by a grant from the Violence Against Women Act (VAWA). II. DISCLAIMER Any errors or oversights in this Manual are unintentional and should not be attributed to any of the persons or agencies who kindly contributed their resources and assistance. III. ACKNOWLEDGMENTS I want to thank Professor Mary Berkheiser, UNLV Boyd School of Law, for collaborating on this Manual from the beginning of the process and sharing her writing talents, inspiration, and knowledge of the law. This project was blessed with two excellent law students, Ogonna Atamoh and Heidi Bock, who served as the principal authors. They will be in the first class to graduate from the Boyd School of Law at UNLV in 2001. They have embraced this project and feel very strongly about the plague of Domestic Violence. Thank you! I also want to acknowledge Leslie Clark and Lisa Mitalski Noel, two other members of the 2001 graduating class of the Boyd School of Law, for their contributions. I owe special thanks to Ellen Sternhill, PLS, of Professionally Legal, for keeping up with the numerous and difficult to follow, edits, re-drafts and re-workings. Her eye for detail and dedication to this project are evident throughout this Manual. She did a tremendous job! Mike McCormick, Executive Director of the Nevada Prosecution Advisory Council, has been a wonderful source of technical assistance, and I am grateful for his support and guidance. This Manual would never have been possible without the dedication of the exceptional men and women working in the Domestic Violence arena, who selflessly gave of their time and materials to assist in its production. Many of these individuals have been acknowledged throughout this Manual, but collectively I want to extend my upmost appreciation for their contribution, especially the ones who were not specifically mentioned. iii Ruth Pearson Urban, M.S., Editor IV. DEDICATION This Manual is dedicated to the countless victims of Domestic Violence in Nevada and their advocates who have diligently worked to create and improve the safety net through their hard work and commitment. The authors of this Manual are deeply grateful for all of you and your work. V. ABOUT THE AUTHORS AND EDITORS Professor Mary Berkheiser Mary Berkheiser is Director of Clinical Programs and Associate Professor of Law at the William S. Boyd School of Law, University of Nevada Las Vegas. Professor Berkheiser was a founding member of the Boyd faculty and came to Nevada after three years teaching in the Law School Clinic of the Arizona State University College of Law and ten years in practice in Phoenix. Berkheiser graduated magna cum laude from the University of Arizona School of Law in 1984. She was editor-in-chief of the Arizona Law Review, outstanding graduate of the class of 1984, and Order of the Coif. Immediately following law school, Professor Berkheiser clerked for Arizona Supreme Court Justice Stanley Feldman. Ruth Pearson Urban, M.S. Ruth Pearson Urban, M.S. is recognized as a leader in the field of alternative dispute resolution in the State of Nevada. She established the first court connected mediation program in the area of contested child custody and visitation matters in 1985 for the Eighth Judicial District Court, and the first community mediation program, the Neighborhood Justice Center, in 1991 for Clark County. Ruth was a founding member of the Southern Nevada Domestic Violence Task Force and is a member of the Nevada Network Against Domestic Violence. Ruth is a licensed social worker and holds a bachelors degree in social work and a masters degree in counseling. After a distinguished career in public service, she started The Urban Group LLC, a consulting firm that specializes in management consulting, facilitation, mediation and training. The Urban Group LLC is located at 418 Crater Court, Henderson, NV 89014; and can be contacted at (702) 458-8529. Heidi Nagel Bock Heidi Nagel Bock graduated summa cum laude from the University of Nevada, Las Vegas and holds a Master of Arts degree in clinical psychology with a specialization in criminal psychology and forensics. Prior to law school, she worked as an intern in the Behavioral Science Services Unit for the Federal Bureau of Investigation and was a state peace officer assigned to the Nevada Office of the Attorney General. iv Currently, she is Managing Editor of the Nevada Law Journal, the first law review publication in Nevada. She will graduate from the William S. Boyd School of Law in May 2001. Ogonna Atamoh Ogonna M. Atamoh was born and raised in Munich, Germany. She received a Bachelor’s Degree in Liberal Arts, majoring in English, with a Minor in German, from UNLV. Ogonna is in her third year at the Boyd School of Law in the Fall, and is currently working for the law firm of James, Driggs, Walsch, Santoro, Keamy, Johnson and Thompson. Ellen Sternhill, PLS Ellen Sternhill, PLS, is one of only three certified Professional Legal Secretaries in Southern Nevada, and is the owner of Professionally Legal, a freelance Legal Secretarial service. Ellen Sternhill attended Central Pennsylvania Business College in Harrisburg, Pennsylvania, where she graduated with her Associate's Degree for Legal Secretary. She has over 20 years of experience as a Legal Secretary/Assistant in various types of law firms, encompassing working for sole practitioners, mid-size and large law firms, as well as for Municipal attorneys. She is also a member of the National Notary Association, CCOLA (Clark County Organization of Legal Assistants), National Association of Legal Professionals (formerly National Association of Legal Secretaries “NALS” and is active in the Las Vegas and State chapters), the Henderson Chamber of Commerce and the Las Vegas Chamber of Commerce. Professionally Legal is located at 2708 Briarcliff Avenue, Henderson, NV 89014 and can be contacted at (702) 837-8894. v CHAPTER 1 UNDERSTANDING AND ADDRESSING DOMESTIC VIOLENCE 1.1 INTRODUCTION 1.2 GENERIC OVERVIEW OF A DOMESTIC VIOLENCE CASE IN NEVADA 1.3 DOMESTIC VIOLENCE DEFINED 1.4 THEORIES OF DOMESTIC VIOLENCE 1.5 WHY VICTIMS STAY WITH PERPETRATORS 1.6 CHILD VICTIMS OF DOMESTIC VIOLENCE 1.7 DYNAMICS OF THE PERPETRATOR OF DOMESTIC VIOLENCE 1.8 CYCLE OF VIOLENCE 1.9 PROOF OF DOMESTIC VIOLENCE 1.10 DOMESTIC VIOLENCE STATISTICS 1.10.1 National Federal Domestic Violence (“Intimate Violence”) Statistics 1.10.2 Nevada Domestic Violence Statistics 1.11 DOMESTIC VIOLENCE MYTHS AND FACTS 1.12 COORDINATED COMMUNITY RESPONSE 1.13 DOMESTIC VIOLENCE IN SPECIAL POPULATIONS 1 1.13.1 Sexual Minorities 1.13.2 Tribal Issues 1.13.3 Immigration Issues 1.13.4 The Elder Population 1.14 ACKNOWLEDGMENTS 2 1.1 INTRODUCTION This Manual was created to provide a resource for members of the judicial, law enforcement and legal communities who encounter domestic violence. This chapter is the key to the remaining chapters of the Manual. It provides a comprehensive overview of domestic violence so that those utilizing the Manual understand the dynamics of this serious problem that touches every socio-economic level, cultural group and profession. 1.2 GENERIC OVERVIEW OF A DOMESTIC VIOLENCE CASE IN NEVADA The following page provides a schematic that shows a typical case proceeding
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