Nurses are known for their bottomless compassion for others. It’s shocking for most, then, when a nurse is accused of a domestic violence offense, whether or not the allegation involves physical contact with another person.
We have seen nurses falsely accused of domestic violence. We have also seen nurses make mistakes, and nurses face allegations that contain a morsel of truth, but which have been misrepresented and blown out of proportion. In every case, the nurse must tirelessly defend their license, and deserves an attorney from the LLF National Law Firm Professional License Defense Team to lead that fight.
Defending your license is never easy. If you’re facing possible or pending criminal proceedings stemming from alleged domestic violence, license defense becomes even more difficult. Your career is worth accepting our helping hand.
Call the LLF National Law Firm today at 888-535-3686 or contact us online to learn how our years of experience fighting for nurses in the District of Columbia (and nationwide) make us the advocates you deserve.
The District of Columbia Imposes Harsh Criminal Penalties for Domestic Violence Offenses
While the LLF National Law Firm handles license defense for nurses, we understand the seriousness of potential legal penalties and work to understand our clients’ legal proceedings as they may impact our license defense strategy.
Subchapter III of the Code of the District of Columbia details who may be arrested for a domestic violence offense, and a nurse might be arrested and charged if they’re formally accused of:
- An “intrafamily offense” that results in physical injury or illness to someone else, with physical pain qualifying as an injury
- An “intrafamily offense” that causes fear of imminent harm, specifically physical injury or death
These categories might encompass a broad range of offenses, from simple assault to assault with significant bodily injury, stalking, sexual abuse, sexual assault, cruelty to children, destruction of property, threats to do bodily harm, and violation of a Civil Protection Order (CPO).
What Is the “Intrafamily Offense” That the District of Columbia Law Refers to as Domestic Violence?
Section 9.1 of the Metropolitan Police Department training document explains that the meaning of “intrafamily offense” is one committed against:
- A blood relative (including a biological child)
- An adoptive child, sibling, or parent
- A person with whom the nurse has a child in common
- A housemate
- A domestic partner
- A spouse, former spouse, or estranged (separated) spouse
- A dating or sexual partner
- Someone the nurse is “seeking to be” a romantic partner with (or vice versa)
The pool of potential victims and perpetrators of domestic violence is broad. It should be no surprise that nurses, too often, get caught in the web.
We Encourage You to Retain a Skilled Criminal Defense Lawyer, as No Nurse Needs a Serious Conviction on Their Record
The LLF National Law Firm cares deeply and authentically about the nurses we represent. This interest in and compassion for our clients compels us to understand what is at stake in their criminal proceedings, even though a different attorney should be the one defending you from potential:
- Civil Protection Orders (CPOs), which can include an Extreme Risk Protection Order (ERPO) requiring the immediate removal of any firearms you possess and potentially other measures that endanger you, threaten your ability to nurse, and impede your quality of life
- Probation is one of the less severe legal penalties, but one that you want to avoid if possible
- A fine, with felony convictions for offenses like aggravated assault may carry a fine of up to $25,000
- Jail time, with serious misdemeanor offenses such as simple assault, potentially carrying up to 180 days in jail
- Prison time, as felony convictions including assault with a dangerous weapon can carry a ten-year prison sentence
The unique details of allegations against you, specific charges, past criminal history (often minimal in cases involving nurses), and the prosecutor’s approach to the case can all affect the range of punitive outcomes.
Once you are caught up in D.C.’s criminal justice system, it may feel like quicksand. For instance, if you become the subject of a Civil Protection Order, an inadvertent violation of the terms could expose you to an even more serious criminal penalty, opening an additional can of worms affecting your career, financial stability, and personal well-being.
We encourage every nurse accused of domestic violence to employ a comprehensive defense approach. Defending yourself against any criminal charges or CPOs is critical, but so is your defense against professional sanctions.
Now, Recognize What You Stand to Lose If the D.C. Board of Nursing Takes Action Against Your License
The Code of the District of Columbia § 3–1205.14 empowers the District of Columbia Board of Nursing (DCBON) to:
- Reprimand you in a way that reflects on your professional record
- Fine you (known as a civil penalty)
- Suspend your license
- Revoke your license
- Refuse to renew your license
You might think, “Well, if I am convicted of a criminal offense, would license-related sanctions even be worthy of my concern?” Absolutely. You may be facing adversity, but you should not make a difficult situation worse by failing to make the most of this challenging stretch.
Your outlook right now should be that you are going to overcome both criminal charges and any professional disciplinary process ahead. We will work hard to ensure the latter, as we know that any sanction against your nursing license could:
- Impose immediate financial hardship in the case of a hefty fine
- Leave you without a source of income (particularly if the DCBON suspends or revokes your license to practice)
- Cost you your current position and deter prospective employers from hiring you in the future
- Cause severe mental health issues, as being unable to work and losing your good reputation can be devastating for nurses
These consequences almost always affect nurses’ loved ones, particularly when those loved ones rely on the nurse for financial support. The LLF National Law Firm Professional License Defense Team wants to spare you from these and other adverse consequences when the D.C. Board of Nursing disciplines those under its jurisdiction.
Do not wait to contact us, as we will immediately start fighting for you and your license.
Facing a Complaint with the D.C. Board of Nursing? Here’s What You Should Expect
The District of Columbia Nurse Practice Act details how the Board of Nursing handles complaints against nurses, including allegations of domestic violence. The disciplinary process for nurses generally follows a similar process from one jurisdiction to the next, which is:
- The Board of Nursing becomes aware of the complaint: While you are not generally required to self-report anything to the Board but a conviction, the Board may become aware of alleged domestic violence through other channels.
- The Board evaluates the merits of the complaint: If the DCBON finds sufficient reason to proceed with the investigation, it may appoint an investigator immediately. You should not assume that the Board of Nursing will drop the complaint, as many nursing Boards choose to move forward even when complaints are dubious.
- The investigator completes their process: You can be certain the investigator will request to interview you. While you generally have the right to refuse to speak with the investigator, a decision not to cooperate may be held against you. Instead, allow an attorney from our Professional License Defense Team to facilitate your cooperation while protecting your rights.
- The D.C. Board of Nursing may offer you a Consent Agreement: Most nurses elect to accept discipline. They might have made a mistake or feel that the risk of proceeding to an administrative hearing is too great. The LLF National Law Firm Team will help you determine whether seeking a Consent Agreement—or at least seeing the offer—is in your interest.
- An administrative hearing may occur: Some of the nurses we represent have been victimized by fabricated or exaggerated complaints. The nurse may forego a Consent Agreement and fight in these and certain other cases. Our firm is full of fighters, and we will make your case at an administrative hearing if you want us to.
- You can appeal any ruling you are unwilling to accept: The D.C. Board of Nursing is imperfect. It makes imperfect rulings. If you proceed to an administrative hearing and the outcome is a decision you cannot accept, your attorney from our firm will launch your appeal immediately.
The DCBON’s disciplinary process is like a flow chart. The process might go in countless ways, depending on what you do, how the Board handles your case, and many other variables. Having the LLF National Law Firm’s experience on your side will prove priceless as we navigate the path to the best possible outcome.
Do Nothing That Could Affect Your Nursing Career Until You Speak with the LLF National Law Firm
It can be tempting to admit fault, negotiate a Consent Agreement, or take other action that might affect your nursing career for the long term. Often, nurses take these actions because they just want to get this all over with, and we understand that sentiment.
We also understand that a rushed, impulsive, short-sighted, or uninformed decision will cause you certain regret. At the very least, call us. The LLF National Law Firm Team is always available for nurses in the District of Columbia. Even if you don’t ultimately hire us, we may provide answers, perspective, or guidance that spares you from a wrong decision.
What the LLF National Law Firm Professional Defense Team Will Do for You
The LLF National Law Firm provides comprehensive license defense services, and we will help you by:
Ensure You’re Compliant With Any Self-Reporting Requirements
The Health Care Reporting Amendment Act of 2020 requires nurses to report criminal convictions to the D.C. Board of Nursing within ten business days. We will ensure you comply with this and any other reporting requirements, as we do not want you facing any avoidable adversity.
Protecting You From Unjustified or Excessive Discipline
We have seen countless nurses, not our clients, face unjustified sanctions because they were unprepared for the disciplinary process. We know the range of action the D.C. Board of Nursing can take, and we’re prepared for anything they might do.
For instance, the DCBON can take summary action to suspend a nurse’s license without granting a hearing. We are up against this sort of unilateral power, and we will work hard to ensure you’re not victimized by unfair or excessive discipline.
Securing the Right Resolution for Your Unique Circumstances
Each of our clients needs something different from us, and we are prepared to:
- Fight tooth-and-nail against baseless or trumped-up allegations, including to the appeal stage if we need to
- Negotiate a Consent Agreement if you are willing to accept fault and want to pursue the most favorable agreement available to you
- Seek alternative resolutions, as the Committee on Impaired Nurses (COIN) may provide alternative resolutions for nurses who are struggling with substance abuse or mental health deficits.
- Pursue any other outcome that you want to pursue—it’s your career, and it’s our job to fight for it
Our Professional License Defense Team, and the attorney responsible for your license and nursing career, will pour themselves into your case. This is what we do.
Call the LLF National Law Firm Today. Let Us Lift the Burden of Your License Defense Off Your Shoulders. You Have Enough on Your Plate.
We need to be clear: When facing criminal penalties, you should hire a criminal defense lawyer. When facing professional sanctions, you should hire a professional license defense attorney, and hire them from the LLF National Law Firm.
Let us mount a compelling defense in the name of all the hard work you have invested in your career. Call the LLF National Law Firm today at 888-535-3686 or contact us online so we can get started right away.