North Las Vegas, NV asked in Criminal Law and Domestic Violence for Nevada

Q: Domestic violence, who should be arrested, the person who lays hands on first or the person who's defending themself?

1 Lawyer Answer
William Jaksa
William Jaksa
  • Criminal Law Lawyer
  • Toronto

A: It could be both, none, or just the instigator. You are allowed to use force to protect yourself during an assault or to prevent an assault, BUT you must be able to justify the force you used. So, for example, you can lay hands on a person first IF it is to protect yourself from an anticipated assault. More information is required to fully answer your particular question because these types of cases are fact-driven and depend heavily on credibility.

Patricia Warnock agrees with this answer

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.