Best Domestic Violence Lawyers in Tennessee

About Domestic Violence Law in Tennessee, United States

Domestic violence is a serious issue in Tennessee and is taken very seriously by state authorities. Domestic violence refers to abuse or threats between people who share a specific type of relationship, such as spouses, former spouses, individuals living together, those who have dated, or people related by blood or adoption. Domestic violence can take many forms, including physical harm, threats, stalking, or harassment. Tennessee law provides protections for victims and lays out specific legal consequences for perpetrators.

Why You May Need a Lawyer

If you have been accused of domestic violence, are a victim seeking protection, or are dealing with related issues such as child custody or divorce, it is important to consult with a qualified attorney. Legal professionals can help you understand your rights, navigate the complex legal process, and ensure your safety or defense. Common situations that may require legal help include:

• Obtaining or defending against an Order of Protection
• Arrests or criminal charges relating to domestic violence
• Divorce or child custody issues involving abuse
• Allegations of abuse impacting employment or gun rights
• Concerns regarding wrongful accusations

Local Laws Overview

Tennessee law defines domestic violence under the broader category of "domestic assault." Domestic assault refers to acts that cause bodily injury, create fear of imminent harm, or involve offensive physical contact within a domestic relationship. Key aspects of Tennessee domestic violence laws include:

• Tennessee Code Annotated 39-13-111 specifically addresses domestic abuse offenses.
• Victims can seek Orders of Protection that may restrict the abuser from contacting or approaching them.
• Police officers in Tennessee are mandated to make arrests if they have probable cause to believe domestic violence has occurred.
• Convictions can lead to jail time, fines, loss of firearms, and other consequences.
• Certain offenses may be classified as felonies, especially if there are aggravating factors or previous convictions.

Frequently Asked Questions

What qualifies as domestic violence in Tennessee?

Domestic violence includes physical assault, threats, stalking, harassment, sexual abuse, or any act that causes fear or harm between individuals in a qualifying relationship such as family or romantic partners.

Who can file for an Order of Protection in Tennessee?

Anyone who believes they are a victim of domestic violence by a spouse, ex-spouse, roommate, family member, or person with whom they have had a romantic or sexual relationship can file for an Order of Protection.

How is domestic assault punished in Tennessee?

Penalties vary based on the circumstances but can include jail time, probation, fines, mandatory counseling, and loss of firearm rights. Repeated offenses and aggravating factors may result in more severe penalties.

Is an arrest mandatory in domestic violence cases?

If law enforcement has probable cause to believe a domestic abuse offense occurred, they are required by law to make an arrest, even if the victim does not want to press charges.

Can a victim drop domestic violence charges in Tennessee?

While a victim can express a desire to drop charges, only the prosecutor has the authority to decide whether or not to move forward with a case.

Does a domestic violence conviction affect gun rights?

Yes, a conviction for domestic violence under Tennessee or federal law usually results in the loss of the right to own or possess firearms.

Can domestic violence impact child custody decisions?

Yes, courts in Tennessee consider any history of domestic violence when making child custody decisions, as the safety and well-being of the child is the top priority.

If I'm falsely accused, what should I do?

Contact a qualified attorney immediately. Document any evidence that may support your case and avoid contact with the accuser until advised otherwise by your lawyer.

How long does an Order of Protection last?

An initial Ex Parte Order of Protection may last up to 15 days until a full hearing is conducted. After the hearing, a judge can grant a longer Order of Protection, typically up to one year, which may be extended.

Is counseling or treatment required for offenders?

In many cases, Tennessee courts order offenders to complete batterer intervention programs or counseling as a condition of probation or sentencing.

Additional Resources

If you or someone you know is dealing with domestic violence in Tennessee, consider reaching out to the following resources for assistance:

• Tennessee Domestic Violence Hotline: Offers 24-7 support and crisis intervention.
• Tennessee Coalition to End Domestic and Sexual Violence: Provides support, education, and advocacy services.
• Local police departments: For immediate safety concerns and emergency protection.
• Legal Aid Society of Middle Tennessee and the Cumberlands: Offers free or low-cost legal assistance.
• County circuit or general sessions courts: Where Orders of Protection can be filed directly.

Next Steps

If you need legal assistance related to domestic violence in Tennessee:

• Ensure your immediate safety by contacting law enforcement or a local shelter, if necessary.
• Document any evidence of abuse, including photos, text messages, and medical reports.
• Consult with a qualified attorney who specializes in domestic violence or family law for a confidential case evaluation.
• Consider applying for an Order of Protection if you are a victim in need of immediate legal protection.
• Follow all court orders and work closely with your attorney throughout the legal process.
• Reach out to support organizations for counseling and additional help as needed.

Remember, each case is unique and a legal professional can provide tailored guidance for your specific circumstances.