Kelcie Grega / Las Vegas Sun
Residents participate in a vigil for domestic violence victims outside City Hall in downtown Las Vegas on Oct. 24, 2019.
Friday, Oct. 25, 2019 | 1:17 p.m.
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Noting that domestic violence and gun violence are undeniably linked, SafeNest CEO Liz Ortenburger said Nevada has failed in dealing with its domestic violence epidemic. That, she says, has been obvious in the past few months.
A Nevada Supreme Court ruling from September that says misdemeanor domestic violence suspects who surrender their firearms are entitled to a trial by jury upon request is for all intents and purposes “legally sound” and there’s no going back on it, she said Thursday during a panel discussion at Las Vegas City Hall.
Still, she said, jury trials add complexities and delays to the process of getting a conviction. The ruling also triggered three incorporated Clark County cities earlier this month to establish a new criminal charge to help prosecute misdemeanor domestic violence cases without requiring the defendants to give up their guns. The ordinance sidesteps the court ruling because incorporated cities don’t have the capabilities of a jury trial.
“It will be fantastic if this is the wake-up call being rammed down our throats right now that actually creates meaningful change,” she said. “It will be an absolutely missed opportunity if what we’ve done right now — creating a workaround ordinance — is a stopping point.”
As Nevada leads the nation in domestic violence fatalities, the community needs to stop working in silos to address the issue, as victim experiences aren’t siloed, said Daniele Staple, executive director of the Rape Crisis Center.
“While I think we have some wonderful partnerships and some very close relationships, the way the funding comes down is challenging, as well as how we document domestic violence,” said Staple, who was one of the event’s panelists.
Las Vegas Metro Detective Juan Fernandez, another panelist, dismantled some misconceptions on how police handle domestic violence cases. He said many undocumented domestic violence victims are afraid to report what happened for fear of being deported.
He said U.S. law offers protections for undocumented victims and some could be eligible for a U visa, which is for victims of crimes who have suffered substantial abuse while in the U.S. and are willing to help law enforcement in prosecution.
Fernandez also urged all victims to file Temporary Protection Orders with the family division of the District Court, something law enforcement can use when investigating a domestic violence case.
“That document is something we can now go off of,” he said. “People are surprised when they find out they don’t have to have police contact to obtain it.”
Shade Tree CEO Linda Perez, who experienced domestic violence as a child, said it’s crucial to not just think of domestic violence as only having physical consequences.
“When we see the statistics, those are only recorded cases of physical violence,” said Perez, who was also on the panel. “Those are not the cases that are emotional, verbal and financial abuse. When you look at all of that, you have to remember that those numbers are significantly higher than what is actually recorded.”
The panel was followed by a candlelight vigil to remember those lost to domestic violence fatalities. The vigil was led by Elynne Greene, manager of Victim Services and Human Trafficking for Las Vegas Metropolitan Police Department.
