Known for their selfless care for others, nurses are one of the last groups we would associate with domestic violence. Under their brave exteriors, though, nurses are just people—vulnerable to spiteful allegations, heated exchanges with partners, and other unfortunate circumstances that some may describe as domestic violence.
Here's the thing: Accusations against you may be totally without merit. The accusations may contain some truth, but require more context to tell the whole story. Whatever your circumstances are, alleged domestic violence may not only trigger legal proceedings, but could also threaten your ability to practice nursing.
Defending yourself from pending criminal charges and protecting your license is not an “either-or” proposition. You should do both. When protecting your nursing license, the Lento Law Firm Professional License Defense Team is the one for the job. We have extensive experience helping nurses avoid career-threatening sanctions, and we're ready to fight for you right now.
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 in North Dakota.
Alleged, Charged, or Convicted: Any Brush with Domestic Violence Accusations Can Compromise Your Nursing License
North Dakota Century Code § 14-07.1-02 details the state's procedures for issuing a domestic violence protection order (DVPO). This and other statutes identify several alleged offenses that may qualify as domestic violence and serve as grounds for a DVPO (and criminal charges), including:
- Assault
- Bodily injury
- Forceful sexual activity
- Stalking
- Infliction of fear
What qualifies these actions as “domestic violence” is their alleged perpetration against a spouse, dating partner, former dating partner or spouse, parent, child, other person related by blood, housemates, former housemates, or any other person the court deems as falling within the scope of domestic violence.
Yes, Potential Criminal Sanctions Deserve Your Attention.
Your nursing license is a priceless asset. Yet, your natural response may be to give greater attention to criminal proceedings than to disciplinary proceedings initiated by the North Dakota Board of Nursing (NDBON). We understand why, as North Dakota statutes (North Dakota Century Code § 12.1-17-01.2) can impose severe legal penalties for domestic violence offenses, including:
- Class B Misdemeanor conviction: Even this, the least serious class of domestic violence conviction, can carry a penalty of up to 30 days in jail
- Class A Misdemeanor conviction: You may face up to one year in jail and a fine of up to $3,000 for a conviction
- Class C Felony conviction: Felony convictions not only carry more harmful stigma than misdemeanors, but this conviction may cost you up to five years in prison and a fine of up to $10,000
- Class B Felony conviction: This conviction, which may stem from an alleged crime against a minor, may carry a ten-year prison sentence and a fine of up to $10,000
A criminal conviction can impose immediate hardship, but we must also note the possible secondary effects of a criminal conviction:
- Disciplinary proceedings by the North Dakota Board of Nursing (NDBON)
- Loss of reputation
- Termination of your lease
- Mental health struggles
- Lost professional opportunities (and potential termination from your current position)
- Severe financial hardship
This is all to say, the Lento Law Firm Team expects you to take criminal proceedings seriously, and even encourages you to hire a capable attorney to defend you. At the same time, we must also emphasize the importance of protecting your license.
If you successfully defend yourself from criminal charges but can no longer practice nursing because you neglected your license defense, you'll be out of the frying pan but into the fire. While your criminal defense attorney (assuming you need one) cools the frying pan down to the simmer, let the Lento Law Firm extinguish the fire of potential license sanctions.
North Dakota's Criminal Code Is Not the Only One That Prohibits Domestic Violence. The Nurse Practice Act Does, Too.
The Nurse Practice Act governing nursing practice in North Dakota grants broad disciplinary powers to the Board of Nursing. If you are even accused of an act that qualifies as domestic violence, the Board may elect to sanction you, even if you're never criminally charged.
Two specific details of the Nurse Practice Act that you must be aware of are:
- North Dakota Century Code § 43-12.1-14(1), which states that the Board may discipline a nurse if it can prove that the nurse “has been arrested, charged, or convicted by a court, or has entered a plea of nolo contendere to a crime” that “relates adversely to the practice of nursing…”
- North Dakota Century Code § 43-12.1-14(3), which justifies the discipline of any nurse who “Has engaged in any practice inconsistent with the standards of nursing practice…”
The second point is particularly concerning. The Board of Nursing has broad discretion to define what qualifies as a “practice inconsistent with the standards of nursing practice.” You can be sure that any allegation that meets the criteria for domestic violence will also meet the Board's definition of sanction-worthy behavior.
How the North Dakota Board of Nursing Will Decide Whether or Not to Sanction Your License
While prosecutors often have some discretion over whether to charge a nurse with a domestic violence offense, they generally only file charges if they feel there is strong evidence against the defendant. Then, juries must only convict if they're convinced beyond a reasonable doubt that the defendant is guilty.
For this reason, the North Dakota Board of Nursing may enact disciplinary proceedings against you far more wantonly than a prosecutor may. In other words, even if you don't face criminal charges, you cannot dismiss the possibility of sanctions from the NDBON.
The road to potential license sanctions follows a treacherous path that typically includes:
- The Board receiving notice of a complaint against you: The NDBON might encounter the complaint in several ways. You might self-report, as self-reporting active criminal proceedings is generally required by law (and you might even face further sanctions if you don't self-report). Alternatively, the Board might initiate proceedings after someone else makes a complaint against you.
- If conditions for an investigation are present, the Board initiates an investigation. If you have been accused of domestic violence, either informally or through criminal proceedings, there is a strong chance the Board moves forward with its investigation.
- The Board can dismiss the request for investigation: There is a chance the Board dismisses a request for investigation, but it may generally only do so if exculpatory evidence is overwhelmingly in your favor.
- The Board and the nurse can negotiate a settlement: Many disciplinary cases against nurses in North Dakota end with a settlement between the Board and the nurse. Whether you should accept such a consent agreement depends on your unique circumstances. The Lento Law Firm Team will discuss this possibility with you.
- If the nurse fights, a hearing in front of an administrative law judge (ALJ) takes place. If you're unwilling to accept responsibility for wrongdoing or the specific sanctions the Board proposes, a hearing will be the next step in the disciplinary process. Our attorneys' extensive hearing experience will be a substantial asset if your case reaches this point (as many disciplinary proceedings do).
- The ALJ issues their finding: Our attorneys are often able to convince administrative law judges and other decision-makers to rule in our clients' favor. The outcome of disciplinary hearings often depends on specific evidence and witness testimony, which is why we work hard to compile favorable evidence and testimony in advance of the hearing.
- The NDBON takes final action: The ALJ's role is to share their findings and any recommended sanctions with the Board of Nursing. The NDBON has the ultimate authority to issue sanctions or not.
- The nurse appeals to the Burleigh County district court, if necessary: If the NDBON issues a ruling you're unwilling to accept, we will fight it. We will launch an immediate appeal and ensure that the appeal ends up in front of the final finder of fact.
Nurses who do not request a hearing may be subject to the outcome of an abbreviated default hearing in which the state makes its case, but the nurse does not generally have the opportunity to.
Your attorney from the Lento Law Firm Professional License Defense Team will take full advantage of the hearing and appeals processes if necessary. Retain us as soon as possible so we can ensure that no deadlines or opportunities to bolster your defense pass by.
The Consequences of Accepting Discipline from the NDBON Before You Speak with the Lento Law Firm
We want to share a quick warning. You may already be facing pressure from the North Dakota Board of Nursing to:
- Admit fault for domestic violence or another offense that violates the Nurse Practice Act
- Accept the sanctions proposed by the Board of Nursing
- View sanctions not as a defeat, but as an opportunity to avoid an even worse outcome (such as the permanent revocation of your nursing license)
While consent agreements are sometimes the proper resolution for nurses, they're not the right move in every case. Before you take any formal action like accepting a settlement from the Board of Nursing, speak with the Lento Law Firm Team first. You should not even engage in discussions with any representative of the NDBON—including an investigator—until you have retained us to protect you.
Nurse discipline often becomes part of public records, such as the Nursys national nurse licensure and disciplinary database. Understand the gravity of accepting discipline, and don't do anything rash, hasty, or short-sighted.
How the Lento Law Firm Will Fight for the Best Possible Resolution with the North Dakota Board of Nursing
We don't predetermine how we help nurses. The Lento Law Firm's approach is all about personalization. After all, the allegations against you, the sweat, energy, and years you've invested in your nursing career, and the potential sanctions you face are all unique—your defense must also be.
While we will tailor our services to your needs, we generally assist nurses who are facing license sanctions by:
- Gathering the facts (and exculpatory evidence): Whether a nurse faces allegations with absolutely no merit or the facts and evidence are stacked against their favor, we will make the most of whatever circumstances we encounter.
- Identifying the ideal outcome of the disciplinary process: Many nurses we represent are satisfied with nothing less than the full clearance of their name. Others recognize that the facts aren't favorable, so they want us to pursue a deal that mitigates harm.
- Guiding the nurse through any interviews, hearings, and other proceedings: Protecting your rights and preventing breaches of those rights will be a top priority. We will be by your side throughout the disciplinary process.
- Initiating the appeals process right away (if necessary): If your case requires an appeal, we will file and advance that appeal urgently.
Your defense will require much more from us, and we will defend your license as if our own eligibility to practice our careers were at stake.
Questions Frequently Asked by Nurses Accused of Domestic Violence
A couple of questions we often hear from nurses facing potential discipline are:
The Accusation Against Me Is False. Is My License at Risk Anyway?
Yes, a false accusation could lead to sanctions against your license. If the NDBON believes that the accusation and you do not present a compelling defense, the veracity of the allegations may prove irrelevant.
Should I Have My Criminal Defense Lawyer Defend My License Too?
No. Criminal defense and nurse license defense are two different legal fields. Choose the Lento Law Firm to defend your license, as we have years of relevant experience.
Call the Lento Law Firm Today to Discuss How We Will Defend Your Nursing License in North Dakota
From Fargo to Bismarck, Grand Forks, and Minot, nurses throughout North Dakota can lose their licenses, see their ability to practice restricted, and suffer other career-related consequences due to nothing more than an allegation of domestic violence.
Don't lose sight of the importance of your career, even if you're simultaneously battling criminal charges. Call the Lento Law Firm today at 888-535-3686 or contact us online. Let our passionate team of legal professionals advocate for your ability to care for others—you deserve it.
