A stunning survey found that nearly half of Alaskan women aged 18 or over experienced some form of intimate partner violence during their lifetime. Nurses are not immune to the reach of domestic violence—making a mistake or being falsely accused of domestic violence can cause irreparable harm to your nursing career, and a compelling defense has to be a priority.
Too often, we see nurses who are facing criminal allegations of domestic violence give all their attention to their legal defense. There's absolutely nothing wrong with prioritizing your criminal defense. This issue comes when a nurse does not give the same attention to defending their license.
Whether or not you're dealing with a legal process, protecting your license and career should be vitally important to you. When something is important, entrusting it to a proven professional only makes sense. Allow the Lento Law Firm Professional License Defense Team to guide you through any disciplinary proceedings you face through the Alaska Board of Nursing (BON).
Call the Lento Law Firm today at 888-535-3686 or contact us online to move forward with our help in your license-defense efforts.
What Alaska Considers “Domestic Violence”
The State of Alaska Department of Law defines “domestic violence” as a circumstance in which one person “maintains control and power over another in a dating, marital, or live-in relationship.” It defines instances of domestic abuse into three primary categories, which are:
- Physical abuse
- Emotional abuse
- Sexual abuse
For the purpose of granting protective orders, Alaska law identifies several offenses that may qualify as domestic violence, including:
- “Crimes against the person,” which can include assault, kidnapping, and certain sexual offenses
- Terroristic threatening
- Burglary
- Criminal trespass
- Unlawful contact
- Harassment
- Arson
Violating a protective order can also be considered a matter of domestic violence in Alaska.
Criminal Sanctions Can Cause a Cascade of Damage to a Nurse's Life
Domestic violence offenses in Alaska can qualify as either felonies or misdemeanors. Offenses like First-Degree Assault are felonies, while others like violation of a protection order and harassment are typically charged as misdemeanors.
Any specific charges you face will dictate the potential legal penalties, but those convicted of a domestic violence offense in Alaska may face:
- Protective Orders, which can bar the subject of the order from entering specific locations (possibly including their own workplace), require them to complete mandatory education, leave their residence, and take other measures that may adversely affect their well-being and nursing career
- Jail time
- Prison time (potentially up to 20 years)
- Fines (which can reach up to $250,000)
- Probation
- Loss of child custody
- Loss of firearm rights
- Mandatory participation in an intervention regimen
Anybody would want to avoid legal penalties if possible. If avoiding such penalties is not feasible, you should seek to secure the least punitive outcome possible.
The Lento Law Firm fully recognizes the urgency of fighting any criminal charges you currently or could face. At the same time, license defense is what we know. We urge you to recognize that sanctions on your nursing license can be devastating in their own right, and to retain our Professional License Defense Team to fight for your nursing career.
The Alaska Board of Nursing May Use a Domestic Violence Allegation or Conviction Against You—It Has That Right
The potential fallout from a criminal domestic violence conviction is apparent. If you are in jail or fined thousands of dollars, you can plainly see how that will negatively affect your life. The consequences of license sanctions can be less obvious, yet, in many cases, just as damaging as legal penalties.
Alaska Statutes § 08.68.270 grants the Board of Nursing the authority to discipline nurses by:
- Denying a license renewal
- Suspending a license
- Revoking a license
These are only a few of the disciplinary measures you might face if accused of a domestic violence offense in Alaska. Whether you are convicted or merely accused of domestic violence, you could also be vulnerable to:
- A reprimand or censure
- A civil fine
- Restriction of your license (and thereby limiting the ways that you can work)
- A mandatory education program
- Various other impositions or penalties imposed by the Alaska Board of Nursing
Alaska statutes specifically cite the conviction of a crime and engagement in “unprofessional conduct” as grounds to sanction a nurse. Depending on your circumstances, the Board might cite one or both of these tenets if it attempts to sanction you.
Don't Underestimate How Harmful Sanctions from the Alaska Board of Nursing Can Be.
We have witnessed how sanctions against a nurse's license—even just a censure—can spark a chain reaction you might not anticipate. That cascade of adverse consequences may include:
- The Alaska BON sanctions you
- You are potentially terminated from your current nursing position
- You fall into financial hardship
- Prospective employers see your termination and sanctions and choose not to hire you
- Your financial hardship worsens as time passes without unemployment, and you suffer stress and psychological anguish as a consequence
- Your interpersonal and family relationships suffer as you find it difficult to enjoy life or be yourself amidst the stress and besmirching of your reputation
- Considering abandoning your nursing career, or perhaps just settling for a far less accomplished career than you had dreamed about before the sanctions
Do not mistakenly believe that “if I did not commit the offense I'm accused of, these consequences couldn't possibly happen to me.” Countless nurses across the United States have suffered these ruinous outcomes because they did not take their defense seriously—we want to spare you from becoming the next.
If you are accused of a domestic violence offense, and the Alaska BON deems you responsible for that offense, there is a significant chance of severe penalties. The suspension or revocation of your nursing license may be an imminent possibility.
Our Professional License Defense Team thrives in high-stakes disciplinary cases, but we treat even “minor” disciplinary matters as top priorities—we know the domino effect far too well to underestimate any potential sanctions.
What's to Come If You Face the Alaska BON's Disciplinary Process for Alleged Domestic Violence
The Board of Nursing oversees complaints filed against (or self-reported by) Registered Nurses, Advanced Nurse Practitioners, Registered Nurse Anesthetists, Licensed Practical Nurses, and Certified Nurse Aides practicing or seeking licensure in Alaska. When the Board receives a complaint, it follows an investigative process that reflects those in most other states:
- The investigator(s) review the complaint to ensure proper jurisdiction: If the allegation against you falls under the Board's jurisdiction, and the alleged conduct would represent a violation of the Board's standards of conduct, the investigation will proceed. If not, the Board may close the investigation.
- The Board notifies the nurse of the complaint: You may have already received a letter detailing the complaint against you. The letter may also contain a request to interview you.
- The investigator commences their inquiry: The investigation may entail interviews with the complainant and witnesses, review of records, and the evaluation of exculpatory evidence.
- The investigator and Board determine if further investigation is warranted: Up until this point, the investigator is merely determining if the complaint is frivolous. If the investigator and other Board representatives find cause to proceed further (that is, deciding the complaint is not frivolous), the next step will be…
- Conclusion of the official investigation: The investigator will weigh all the relevant facts, records, and testimony before reaching a conclusion. If the Board finds reason to proceed with an official investigation, it is likely to seek some sort of discipline against you.
- Potential Consent Agreement: Most disciplinary proceedings against nurses in Alaska conclude with a Consent Agreement. These are mutual agreements between the nurse and the Board in which the nurse voluntarily accepts discipline. Naturally, the nurse's motive is to accept a level of discipline less severe than what they might face if they proceed to a hearing.
- The nurse is entitled to a hearing: If the proceedings do not conclude through a Consent Agreement, the nurse accused of domestic violence has a right to defend themselves at a hearing. All parties involved in the disciplinary proceedings will have the opportunity (and potentially the mandate) to appear and testify.
- The Board issues its decision: If a nurse does not agree to the Board's decision (in most cases because the Board issues discipline against them), the nurse has the right to appeal the decision.
Even on paper, this seems like a complex process. It is substantially more complicated in reality. Allow the Lento Law Firm Professional License Defense Team to advise you throughout this process, whether you choose to seek a Consent Agreement or elect to fight allegations of domestic violence as long as necessary.
Facing a Settlement Offer from the Alaska BON? Think Twice, Then Call Us
The vast majority of nurse disciplinary cases end with a mutual agreement between the Board of Nursing and the nurse accused of wrongdoing. Do not take this to indicate that a Consent Agreement is the right outcome in your case—it could be, but you should be certain before accepting discipline of any kind.
An attorney from our team will help you identify the strategy and target outcome of your disciplinary proceedings by:
- Evaluating all favorable and unfavorable evidence and testimony
- Considering any past disciplinary issues you've faced, and objectively considering how those past issues might affect your current case
- Accounting for any criminal proceedings you are (or are not) involved in, and anticipating how those proceedings might affect the professional disciplinary process
- Gauging your tolerance for risk as it relates to potential Consent Agreements and hearings
- Providing our honest, unfettered opinion about the relative strength of your defense
We believe that objectivity and transparency are essential to an effective defense. We will not spare your feelings when telling you how we view your defense—you deserve straight evaluations and advice, whether they favor your defense or not.
You will have the final say in whether you want to pursue a Consent Agreement or unleash us to fight for dismissing the allegations against you. First, we will ensure you have every piece of information and perspective necessary to make a self-serving decision.
We Often Field These Questions from Nurses Who Stand Accused of Serious Wrongdoing
A critical aspect of our defense of nurses is giving them the answers they need to hear. Let's start with a few questions we frequently hear from professionals facing allegations of domestic violence (or other similarly serious offenses):
I Already Have a Criminal Defense Lawyer. Can't I Just Let Them Defend My License, Too?
You should keep your criminal defense and defense of your license separate, because they are. Alaska courts and the Alaska Board of Nursing will follow distinct procedures, and an effective approach in a criminal case might not work with the Board.
Plus, the time your lawyer spends on your criminal defense is time we could be spending defending your license. Neither defense should be neglected.
Is It a Certainty That I Face Disciplinary Proceedings If I'm Accused of Domestic Violence?
Nurses are generally required to self-report any formal allegation of domestic violence. Whether or not you are certain of disciplinary action from the Board of Nursing, you should treat such action as a certainty—this way, you will be ready if disciplinary proceedings do ultimately arise.
If the Accusations Against Me Are Baseless, Won't My License Be Fine?
History is littered with nurses and other highly accomplished professionals who assumed wrongly that innocence would be enough to spare their license. A proactive defense is the only correct response to disciplinary proceedings from the Alaska Board of Nursing.
Call the Lento Law Firm Today to Discuss How We Will Defend Your Nursing License in North Dakota
The Lento Law Firm has years of relevant experience in nurse license defense. We will fight for the best possible resolution to any proceedings you face and represent you with the Alaska Board of Nursing.
We are dynamic in our defense approach. Whether you need us to negotiate a favorable Consent Agreement or clear your name at a hearing, we will advocate for you tenaciously. Call the Lento Law Firm today at 888-535-3686 or contact us online. Your defense cannot wait.
