Nursing is among the most stressful professional fields. Sometimes, job-related stress compounds with stress from one's personal life, leading to a regrettable domestic dispute. Other times, nurses are victims of domestic violence but are portrayed as the aggressors. In many cases, nurses do nothing wrong—yet false accusations, miscommunications, and other circumstances lead them to be embroiled in career-threatening legal entanglements.
Allegations, criminal charges, and convictions can all have devastating effects on your nursing career. Whether or not you face formal charges, and whether or not you're ultimately convicted, does not matter from a professional standpoint. The Delaware Board of Nursing (BON) can revoke your license or take other punitive action if it deems you responsible for domestic violence (or any other offense it deems a violation of the Delaware Nurse Practice Act).
Criminal cases are extremely pressing. Potential discipline against your license should be just as grave a concern. Being unable to earn a living is similarly important. Even if you avoid serious criminal penalties, being unable to practice (or limited in how you can practice) may produce the sort of stress you might feel if you were convicted.
Call the Lento Law Firm today at 888-535-3686 or contact us online to learn more about how we will take the lead in defending your nursing license..
What Accusations Do Delaware's Domestic Violence Statutes Cover?
Various statutes throughout Delaware law criminalize offenses that could fall under the umbrella of “domestic violence.” When we talk about domestic violence, we—and prosecutors, employers, and the Delaware Board of Nursing—might be referring to any of the following offenses when they occur between current or former dating partners, spouses, or household members (possibly including children):
- A mutual physical altercation
- A one-sided physical altercation
- An unambiguous or perceived threat of violence
- Damaging or stealing property
- Engaging in conduct likely to cause fear or distress
- Kidnapping
- Unlawful imprisonment
- Actions related to custody disputes (such as keeping a child when they are legally mandated to be with another guardian)
- Certain forms of coercion
- Trespassing
- Certain sexual offenses
These offenses are general, and the Delaware Code of Crimes and Criminal Procedure contains many specific offenses that vary in severity and the potential criminal penalties they carry.
Potential Criminal Sanctions You Might Face If Convicted of a Domestic Violence Offense
While our focus at the Lento Law Firm is defending your nursing license and ability to work, it's often essential for us to understand the details of criminal proceedings to advocate for nurses with the Delaware Board of Nursing.
Therefore, we should note that a criminal conviction might expose you to:
- A Protection from Abuse (PFA) Order, which can be used against you in disciplinary proceedings and may even directly interfere with your work—If a nurse works alongside or near the person who issued the order, they may not be legally permitted on the premises where they work
- Prison time
- Jail time
- A fine
- Probation
- Mandatory education related to domestic violence, which could also interfere with your job
- Firearm restrictions
- Early termination of your lease
With this in mind, we want to emphasize that defending yourself against criminal allegations is vitally important. We will reiterate that you should also retain the Lento Law Firm Professional License Defense Team to put forth just as robust a defense for your license and livelihood.
Note that, for our purposes, a guilty plea is generally treated the same as a conviction by a judge or jury.
Nursing-Specific Statutes Also Prohibit Domestic Violence—Including Offenses Not Involving Physical Contact
Section 10.1.1 of the Delaware Administrative Code plainly states, "Nurses whose behavior fails to conform to legal and accepted standards of the nursing profession and who thus may adversely affect the health and welfare of the public may be found guilty of unprofessional conduct.” The code further states that "committing or threatening violence, verbal or physical abuse of patients or co-workers or the public" is considered unprofessional conduct.
In other words, yes, the Delaware Board of Nursing has the full right to sanction you for alleged domestic violence or other related offenses.
How the Delaware Board of Nursing Adjudicates Allegations of Domestic Violence Against Nurses
The Delaware BON should handle any domestic violence complaint as it handles any complaint against a nurse. Except for those convicted of felony sexual offenses that mandate revocation of your license, the adjudication process ahead should involve:
- Receipt of the complaint against you: In cases where a nurse faces allegations of domestic violence, the complaint might come from the accuser. You might also self-report criminal proceedings, or the Board might become aware of formal criminal proceedings (or convictions) on its own. Virtually anyone can file a written complaint through the Delaware Division of Professional Regulation's online portal, which explains how even a baseless complaint might imperil your ability to nurse.
- The Board determines if the complaint is within its purview: If so, the Board of Nursing will likely appoint an investigator to urgently collect evidence, speak with witnesses, and take other fact-gathering measures.
- The Board may take interim measures: It's important to note that, in cases involving alleged domestic violence, the Board may refer the case to the Attorney General's Office (a measure generally only necessary when a nurse is not already facing criminal proceedings, or when new allegations come to light during the BON investigation). The Board may also impose an emergency suspension if it believes circumstances warrant such action.
- The nurse has the opportunity to accept responsibility and sanctions: A significant number of disciplinary cases involving nurses are resolved through consent agreements. These agreements require the nurse to take responsibility for wrongdoing in exchange for a clearly defined sanction. The Lento Law Firm advises clients on a case-by-case basis about whether a consent agreement makes sense. Fighting can be the right decision for many nurses, while others prefer to admit fault and seek the most lenient sanctions available.
- If the nurse wants to fight, a Board hearing occurs: Nurses have a right to tell their story, contest allegations of domestic violence, and have an attorney make their case in front of the Board of Nursing's representatives. Your hearing is this opportunity for impassioned license defense, and we will question witnesses, put forth exculpatory and favorable evidence, and make your case as if our own licenses were at stake.
- The Board issues its decision (which you can appeal, if necessary): After the hearing, the Delaware BON issues a written decision, which could include a recommendation of sanctions. While our Professional License Defense Team often sees such decisions go in our client's favor, we are always prepared to appeal a wrong verdict—appeals are a fundamental right for almost every nurse facing license-related discipline.
The Lento Law Firm Team will advise you, advocate for you, and prepare you for every step in the adjudication process. The allegations you face are undoubtedly distressing and daunting, and having us on your side will make an extremely difficult process considerably less so.
Never Accept Responsibility (or a Deal) Without Speaking to the Lento Law Firm
We have to state clearly: Do not accept any consent agreement, admit responsibility for any allegation against you, or do virtually anything else related to your license defense until you speak with our team.
Statements you make to the Board of Nursing's investigators and consent agreements you accept may be bells that you cannot unring. Once you accept culpability, you may soon face formal sanctions logged in nationwide registries like the Nursys database.
You should not let anxiety, panic, or the understandable desire to get this process over with compel you to make rash decisions. You can, however, let these motivating factors propel you to call the Lento Law Firm for assistance that benefits you, rather than harming you.
Some Questions You Might Have as a Nurse Facing Domestic Violence Accusations, Legal Proceedings, or Conviction in Delaware
Nurses facing allegations of domestic violence—whether those allegations are criminal or not—typically have far more questions than answers. We pride ourselves on providing the answers nurses need to ease their minds and inform their actions, so here are a few of those answers:
Will the Delaware Board of Nursing Find Out About Criminal Proceedings I'm Involved In? Do I Have to Notify Them?
Yes, the Delaware Board of Nursing will almost certainly find out about any formal arrest or charges you face, partly because nurses must report such things to the Board.
Specifically, 24 Del. C. § 1930A and other statutes explain that you must report “any arrest for” or conviction of a criminal offense “substantially related to the practice of nursing as defined by the Board...” This means that any nurse with a domestic violence offense has to report it to the Board of Nursing.
There is no hiding from the professional consequences of a domestic violence arrest, even if you have been accused without merit.
Can a Mere Accusation Endanger My Nursing License?
Yes, a mere accusation can jeopardize your ability to practice nursing in Delaware. This is the case because:
- The Delaware Board of Nursing is distinct from its criminal courts, meaning that a criminal charge is not necessary for you to face discipline through the Board of Nursing
- Mere accusations are the seed that sows many severe sanctions against nurses—whether the allegation comes from a colleague, patient, bystander, or someone with a vendetta against you, the complaint can be ruinous if you don't mount a convincing defense
- The Delaware BON's online portal makes it extremely easy for someone to file a complaint against a nurse
There is also the possibility that the Board of Nursing errs in adjudicating allegations against nurses rather than dismissing them. These organizations are understandably concerned that not taking action could lead to a public relations nightmare, but this concern can lead to wrongful sanctions against nurses.
Will a Conviction Mean Certain Sanctions on My Nursing License?
Those convicted of a felony sexual offense in Delaware face mandatory revocation of their license. In any other case, the Board of Nursing has discretion of whether to sanction you and how severe any sanction should be.
Can the Delaware Board of Nursing Sanction Me Even If I'm Found Not Guilty of a Criminal Offense?
Yes, it can. The Board of Nursing's disciplinary process is independent of criminal proceedings in Delaware. Even if you do not face criminal charges or are found not guilty, the BON might still pursue sanctions against your license.
Defending Yourself from Criminal Charges and Defending Your License Are Two Very Different Things. Hire the Lento Law Firm to Fight for Your License.
What is more important to you? Defending yourself from criminal allegations of domestic violence, or preserving your ability to nurse in the face of DV allegations?
The only correct answer to this question is “both.”
We encourage you to retain a capable criminal defense attorney if you are facing criminal penalties. We also want you to retain the Lento Law Firm to defend your license and the career you've worked so hard to establish. Effective criminal defense and effective license defense are not mutually exclusive. They are, however, distinct undertakings that generally require distinct attorneys.
It May Be Easy to Underplay Professional Sanctions If You're Facing Criminal Penalties. Don't. Call the Lento Law Firm Instead.
It's in our nature to address the most imminent threat and worry about other threats later. This is a poor approach when a nurse faces allegations of domestic violence.
While it's understandable to focus much of your attention on avoiding serious criminal penalties, your criminal defense must not come at the total expense of your license defense.
Your nursing career is a resource with limitless value. Don't lose it because you failed to retain an experienced license defense attorney from our team. Call the Lento Law Firm today at 888-535-3686 or contact us online so we can help you fight for your license and career right now.
