Tennessee Domestic Violence Laws
Title 39 of the Tennessee Code covers the various types of criminal offenses in Tennessee, and Chapter 13 addresses offenses committed against persons, including domestic violence. Physical domestic violence is called domestic assault, and penalties for conviction thereof could include jail time, fines, and losing your Second Amendment right to possess a firearm.
What is Considered Domestic Assault?
Section 39.13.102 of the Tennessee Code defines domestic assault as the intentional or reckless injury to one of the following classifications of persons:
- A current or former spouse
- A blood or adoptive relative
- A current or former relative by marriage
- A current cohabitant
- A current dating and/or sexual partner
- A minor or adult child of any of the above people
Domestic assault also includes putting the person in fear of bodily injury or offensive physical contact. In addition, if you are charged with domestic assault, you also can be charged with any additional relevant crime you allegedly committed against the same person, such as rape, kidnap, false imprisonment or child abuse, neglect, or endangerment.
To learn more, call (615) 265-6383 or contact us online to speak with our Nashville domestic violence lawyers.
What Are The Penalties for Domestic Violence in TN?
If you hit someone in a fight, you would likely be charged with misdemeanor assault. If that person was your spouse, child, parent, another member of your household, or someone you are now dating or once dated, it would be considered a domestic assault.
If convicted of domestic violence, you would:
- Pay a higher fine
- Potentially spend more time in jail
- Be unable to possess any type of firearm, permanently
- Not be treated equally in child custody and visitation decisions made in Family Court
In addition, you may be named in order of protection (restraining order), which would require you to leave your home and cease all contact with the victim. Violations of the order could result in additional, severe penalties.
Can Domestic Violence Charges Be Dropped in Tennessee?
In Tennessee, domestic violence charges are treated seriously by the legal system, and once charges are filed, the decision to drop them is not solely in the hands of the alleged victim. Even if the victim wishes to recant their statement or refuses to cooperate, the prosecution may still proceed with the case. This is because domestic violence is considered a crime against the state, not just the individual, and the district attorney has the authority to pursue charges regardless of the victim’s desires.
The rationale behind this approach is to protect victims who may feel pressured or threatened into dropping charges. The prosecutor may rely on other evidence such as police reports, witness statements, medical records, or any prior history of domestic violence to build a case. In some situations, the state might even proceed without the victim’s testimony if there is sufficient evidence.
While it is possible for domestic violence charges to be dismissed, it typically requires the involvement of a skilled defense attorney who can negotiate with the prosecutor or challenge the evidence presented. The attorney may argue that the evidence is insufficient, highlight inconsistencies in the statements, or bring to light mitigating factors that can result in a reduction or dismissal of the charges.
Understanding Your Rights and Options
At May & McKinney, PLLC, we believe that knowledge is power, especially when it comes to navigating the complexities of domestic violence cases. Understanding your rights and the available legal options can empower you to take the necessary steps toward safety and justice. Our experienced attorneys are here to provide you with the information you need to make informed decisions about your situation.
Here are some key aspects to consider:
- Legal Protections: Learn about restraining orders and how they can help protect you from further harm.
- Victim Advocacy: Discover the resources available to support you, including counseling services and shelters.
- Reporting Options: Understand the process for reporting domestic violence to law enforcement and what to expect.
- Custody and Support: Explore how domestic violence can impact child custody arrangements and financial support.
- Long-Term Safety Planning: Develop a personalized safety plan with our legal team to ensure your ongoing protection.
Our compassionate team is dedicated to guiding you through every step of the legal process, ensuring that you feel supported and empowered as you reclaim your life. Don't hesitate to reach out for a confidential consultation to discuss your situation and learn more about your rights.
Commonly Asked Questions
What should I do if I am accused of domestic violence?
If you are accused of domestic violence, it is crucial to remain calm and avoid any further confrontation. Seek legal advice as soon as possible to understand your rights and options.
Can domestic violence charges affect child custody arrangements?
Yes, domestic violence charges can significantly impact child custody decisions. Courts prioritize the safety and well-being of children, and a history of domestic violence may influence custody and visitation rights.
How can I protect myself from false accusations of domestic violence?
To protect yourself from false accusations, it is advisable to document all interactions with the accuser and seek witnesses when possible. Consulting with an attorney can also help you navigate the situation effectively.
Contact Our Domestic Violence Attorney Today
The courts take domestic violence charges seriously, and you should, too. Your only chance of avoiding a conviction and maximum penalties is to have a skilled lawyer mount a robust defense on your behalf. At May McKinney, our Nashville domestic violence lawyers are dedicated to preserving our client's rights and interests, no matter the charge or the circumstances surrounding their cases. With nearly 80 years of collective legal experience, we are positioned to deliver strategic, competent criminal defense counsel.
Contact May & McKinney, PLLC, today to get started on your defense with our Nashville domestic violence lawyer.
