Jennifer Setters

Jennifer is a first generation Mexican-American and a long-time resident of Las Vegas, Nevada. She first relocated to Las Vegas in 1997 and enrolled & graduated from Rancho High School. Quickly after, Jennifer enrolled and graduated from the University of Las Vegas, Nevada with a Bachelor of Arts in Criminal Justice.

In 2010, she enrolled at the Boyd School of Law in Las Vegas, Nevada. Jennifer demonstrated an innate passion for helping others protect their legal rights. In 2011, she was recognized as Student of the Year for Boyd’s Community Service Program where she taught divorce and custody classes to underprivileged Spanish-speaking litigants.

Since graduating law school, Jennifer has represented hundreds of clients in a multitude of legal actions in various areas of law.

Before establishing Gastelum Law, Jennifer worked for highly-established firms where she was tasked with opening family law and personal injury divisions from the ground up to representing hundreds of clients both in prelitigation and litigation matters. Jennifer is not afraid to litigate in court; her philosophy is every client deserves diligent and aggressive representation. She strives to fight for every client to receive the best legal outcome.

In her free time, Jennifer enjoys spending time with her son, two daughters, and husband. She loves the outdoors, working out, and exploring new places.

Languages:

English
Spanish

Licensures:
Nevada District Courts
Arizona District Courts
United States District Court, District of Nevada

UNLV William S. Boyd School of Law

J.D. (2013) | Law

2010 - 2013

Honors: Honors in Legal Writing

Activities: Worked at the Public Defenders office as well as Pro Bono work.

Founder

Jennifer Gastelum Law PLLC

2018 - Current

Rising Star

Super Lawyers

State Bar of Nevada  # 13126

Member

Current

Nevada

State Bar of Nevada

ID Number: 13126

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Q. I pay for the cell phone for my 14 years old twins, can dad take their phones cutting off communication between us?

November 14, 2024

A: In situations where you are providing the cell phones for your 14-year-old twins and the other parent (in this case, the father) is preventing them from communicating with you, it can be a complicated issue. Here are some key points to consider:

1. Legal Custody and Communication Rights:

If you and the father share joint legal custody (which is common in many divorce or family law cases), you both have the right to make decisions regarding the children’s welfare, including their communication with the other parent. If the father is actively preventing your children from communicating with you, it may violate your custodial rights and could be seen as an issue related to your parental access.

2. Agreement or Court Order:

If there is a court order in place regarding visitation, custody, or communication, the father could be violating that order by cutting off communication. This is especially true if the court has explicitly stated that the children are to have access to both parents, including during times of separation or visitation.

If there is no court order, it would be important to discuss with the father whether there was an agreement about phone access or whether he is acting unilaterally. However, the court generally expects both parents to facilitate communication between the children and the other parent, especially if the children are old enough to use phones.

3. The Importance of Facilitating Communication:

Courts tend to favor arrangements where children are allowed to maintain contact with both parents, barring any concerns about safety or well-being. Forcing or restricting communication could be viewed negatively by the court, especially if there is no valid reason (such as safety or abuse concerns).

Cutting off communication, particularly without just cause, can have a negative impact on the parent-child relationship and may be viewed as emotionally harmful to the children.

4. What You Can Do:

Communicate with the Father: If possible, try to resolve the issue directly with the father through calm and respectful communication, making it clear that communication with both parents is important for the children’s well-being.

Document Everything: Keep records of your attempts to contact the children and the father’s refusal to allow it. This could be important if you need to take legal action later.

Consult Your Attorney: If this is an ongoing issue, it might be necessary to consult your family law attorney. They can help you understand your rights, especially if you have joint custody or a specific court order that addresses communication. The attorney can help you enforce your rights to communicate with your children, and if necessary, seek a modification of the custody order or request the court’s intervention.

Request Court Intervention: If the issue escalates, you may need to file a motion with the court to enforce the communication rights or modify custody arrangements to ensure your relationship with your children is protected.

5. What You Could Consider:

If the father is consistently cutting off communication, you may be able to ask the court to order that the children’s phone number be updated or transferred into your name or for a court-ordered communication schedule to ensure consistent and fair access for both parents.

If the children are expressing a desire to speak with you, their wishes can be an important factor in the court’s decision. If the father’s actions are seen as harmful to the children’s relationship with you, it could influence any future custody or visitation decisions. ... Read More

Q. Can a family attorney request pending criminal discovery, to use in a family law trial? Nevada

November 14, 2024

A: In Nevada, whether a family law attorney can request pending criminal discovery for use in a family law trial depends on several factors, and there are limitations and protections surrounding criminal discovery that may apply. Here's a breakdown:

1. Family Law and Criminal Law Separation:

Family law courts and criminal law courts are generally separate, and criminal discovery typically cannot be directly introduced in family law cases unless it is relevant to issues such as custody or visitation. Criminal cases are usually treated with a higher degree of confidentiality, and certain types of information are protected.

2. Subpoenaing Criminal Discovery:

A subpoena for criminal discovery in the family law context could potentially be issued, but it requires approval by the family law court. The family law attorney must show a compelling reason for the discovery to be shared.

Relevance is a critical factor: The family law attorney will need to demonstrate that the criminal case’s discovery is relevant to the issues in the family law trial, such as a parent’s fitness to have custody or visitation rights.

3. Confidentiality of Criminal Discovery:

Criminal discovery often includes sensitive materials such as witness statements, police reports, and other confidential information. This discovery is typically protected in order to preserve the integrity of the criminal trial.

If a subpoena for criminal discovery is issued in a family law case, the family law judge may conduct a balancing test to determine whether the need for the information outweighs the confidentiality protections.

4. Step-mom's Role as a Potential Witness:

If the stepmom is considered a potential witness in the criminal trial, she would not be permitted to see the criminal discovery. This restriction is in place to prevent the discovery from influencing the stepmom's testimony in the criminal case. Witnesses in criminal cases must remain impartial and cannot have access to the evidence beforehand, as it could affect the outcome of the criminal proceedings.

5. Bio Mom's Lawyer Requesting the Subpoena:

Bio mom’s attorney can indeed request a subpoena for criminal discovery if they believe it’s relevant to the custody or visitation issues. However, the family law court will likely scrutinize whether the discovery is directly related to the best interests of the children or the fitness of the father to have visitation.

The subpoenaed materials will likely be reviewed by the family law court to determine if they are admissible and relevant for the purposes of the family law trial.

Conclusion:

In short, yes, a family law attorney can request pending criminal discovery for use in a family law trial if it is deemed relevant to the case. However, this request is subject to court approval, and the family law court will consider issues like confidentiality, witness protections, and the relevance of the information. The stepmom’s access to the discovery is prohibited due to her status as a potential witness in the criminal case, which is meant to preserve the integrity of the criminal proceedings.

To navigate this complex issue, it is important to consult with an attorney experienced in both family law and criminal law matters, as they can guide the process and help determine the best course of action. ... Read More

Q. I would like to know the amount of fine for violation of NRS 484B.607.

October 8, 2024

A: Under NRS 484B.607 (Nevada Revised Statutes), the statute refers to the requirement for obtaining a trip permit or temporary registration when operating certain commercial vehicles on Nevada roads. Violations of this statute typically fall under traffic or transportation-related offenses. However, the exact fine can vary depending on the jurisdiction and specifics of the violation (e.g., commercial vehicle type, how long you've been operating without the permit, etc.).

In general, fines for trip permit violations in Nevada can range from a few hundred dollars to more than $1,000, depending on the case. Some jurisdictions may also impose additional administrative fees or penalties.

To get an exact figure for your situation, it would be best to check with the court or the agency that issued the citation or consult with a lawyer familiar with Nevada traffic and commercial driving laws.

If you'd like, I can help guide you on how to contact the local court for a more precise answer. ... Read More