• Domestic Violence Waiver

    BATTERY CONSTITUTING DOMESTIC VIOLENCE ACKNOWLEDGEMENT AND WAIVER OF RIGHTS

  • IN THE JUSTICE COURT OF SPARKS TOWNSHIP

    COUNTY OF WASHOE, STATE OF NEVADA

  • THE STATE OF NEVADA
       

    Plaintiff,

    vs.

          

    Defendant,

  • Defendant’s Initials

  •       I understand I have been charged with battery constituting domestic violence in having willfully and unlawfully committed an act of force or violence upon my spouse, former spouse, any other person to whom I am related by blood or marriage, a person with whom I am or was actually residing, a person with whom I have had or am having a dating relationship, a person with whom I have a child in common, my minor child or the minor child of any of these persons, as set forth in the complaint,

       on the    day of      ,
    20in violation of WCC 53.110 or NRS 33.018, NRS 200.481 or NRS 200.485.

    I understand the State must prove the elements in the above paragraph beyond a reasonable doubt.

    I understand the State will use this and any other constitutionally valid prior conviction of this type of offense to enhance the penalty for any subsequent offense.

    I understand the following possible punishments:

  • 1st Offense in 7 years: At least 2 days in jail to a maximum of 6 months in jail; not less than 48 hours but not more than 120 hours of community service; a fine of not less than $200 and not more than $1000 plus assessments; successful completion of weekly counseling sessions of not less than 1-½ hours per week for not less than 6 months nor more than 12 months at my own expense.

    2nd Offense in 7 years: At least 20 days in jail but not more than 6 months; at least 100 hours but not more than 200 hours of community service; a fine of not less than $500 and not more than $1000 plus assessments; successful completion of weekly counseling sessions of not less than 1-½ hours per week for 12 months at my own expense.

    3rd Offense in 7 years: A category B felony punishable by a sentence of imprisonment in the Nevada State Prison for not less than 1 year nor more than 6 years and a possible fine of not less than $1,000 fine but not more than $5,000 plus assessments.

    4th or Subsequent Offenses ever. If previously convicted of a felony domestic battery: not less than 2 years nor more than 15 years in Nevada State Prison; and a possible fine of not less than $2000 fine but not more than $5000.

  •    I understand I have the right to have an attorney represent me, and if I cannot afford an attorney, the Court will appoint one. With the knowledge of the disadvantages of self-representation (see separate Faretta Canvas), I elect to represent myself, OR I am represented by .

          I understand I have the right to a speedy trial, and I give up this right.  

    I understand I have the right to confront and question all witnesses against me, and I give up this right.

     I understand that I have the right to subpoena witnesses on my behalf and compel their attendance, and I give up this right.

     I understand I have the right to remain silent and not incriminate myself, and I give up this right.

     I understand that probation may not be available for any of the above jail/prison terms, and that the judge is not bound by any agreement between parties.

     I understand that if I am not a citizen of the United States, any criminal conviction may result in serious negative immigration consequences including, but not limited to:

    • The removal from the United States through deportation;
    • An inability to reenter the United States;
    • The inability to gain United States citizenship or legal residency;
    • An inability to renew and/or retain any legal residency status; and/or
    • An indeterminate term of confinement with the United States Federal Government based on my conviction and immigration status.

  • Regardless of what I have been told by any attorney, no one can promise me that this conviction will not result in negative immigration consequences and/or impact my ability to become a United States citizen and/or a legal resident.

    I am voluntarily entering the following plea to the offense as stated in the first paragraph, without any promises of lenience or threats having been made. I do not wish to contest the charge, and hereby give consent to the court to enter my plea of:

          OR         

  • I AM ALSO HEREBY INFORMED that, if I am convicted of this offense and the criminal complaint filed has as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim, pursuant to 18 U.S.C. § 921(a33) and NRS 202.360, you are permanently prohibited from owning, possessing, or having under your custody or control any and all firearms. Violation of this prohibition is a Category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years and may further be punished by a fine of not more than $5,000.

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  • I certify that I am the attorney of record for the Defendant; that I have fully discussed the matters herein with the Defendant and advised Defendant thereon; that the representations above are Defendant’s own; that the plea and waivers were intelligently, voluntarily and expressly made; that I join in the plea and waiver; and that I stipulate there is a factual basis for the plea.

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  • I have addressed the Defendant personally, canvassed Defendant on the above to include the elements of this offense as supported by the facts, the possible penalties and Defendant’s Constitutional rights; and I find the Defendant’s plea is made voluntarily and with an understanding of the nature of the charge and consequences of the plea be entered into the minutes of the Court, and judgment is entered accordingly.

    Justice of the Peace / Magistrate

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