In Tennessee, domestic violence refers to physical and non-physical forms of abuse when the accused has a certain relationship to the alleged victim. People may think of domestic violence as something occurring between spouses or parents and children, but it goes beyond that.
Domestic violence can occur when an alleged abuser has any of the following relationships to the alleged victim:
- Current or former spouse
- Current or former dating or sexual partner
- Parent (alleged victim is a child)
- Adult child (alleged victim is a parent)
- Cohabitant, such as a non-familial roommate
- Any other relative by blood, adoption, or marriage
Have you been accused of or charged with domestic violence in Putnam County? Contact the defense lawyer at The Law Office of Douglas K. Dennis by calling (931) 528-3684 or contacting online to arrange a free consultation.
Can Domestic Assault Charges be Dropped in Tennessee?
In Tennessee, domestic assault charges cannot be dropped. The victim does not have the power nor the authority to have the charges dropped. The police have the decision to charge, but the responsibility to prosecute is within the sole discretion of the District Attorney's Office.
Is Domestic Abuse More Than Just Physical?
Domestic abuse may include domestic assault when a victim accuses someone of physical harm or imminently fears such harm. You can even be accused of physical abuse by denying medical treatment or forcing drug and alcohol use on someone. Domestic abuse, however, can happen absent of physical contact.
Non-physical forms of domestic abuse can look like the following and more:
- Psychological abuse can occur when an accuser threatens harm to him- or herself, the victim, or the victim’s relatives. Threatening or causing harm to pets or destroying personal property, as well as isolating the alleged victim from friends or family, can also be psychological abuse.
- Emotional abuse can be alleged when an abuser invalidates or dismantles a victim’s self-esteem and/or sense of self-worth.
- Economic abuse can happen when an alleged abuser withholds funds from a victim, or prevents him or her from attending work or school.
- Sexual abuse can still occur without touching or physical harm. Making sexual jokes or comments about a victim can fall into this category.
- Stalking and cyberstalking involve unwanted activities directed toward an alleged victim, such as spying, following, harassing, sending gifts and messages, making phone calls, appearing at a home or workplace, or repeated emailing and any other online actions that inflict substantial emotional distress.
Is Domestic Violence a Felony in Tennessee?
Domestic Violence is usually a misdemeanor and can be a felony depending on the circumstances of the offense. Typically, a prosecutor will file felony charges when there are injuries or where the defendant has a history of domestic violence offenses on his or her criminal record.
Punishments are often increased when the victim suffers serious bodily injury as a result of the defendant’s conduct. Prior to the defendant’s arraignment date, the detective assigned to the case and the filing Deputy District Attorney will review the case and decide what level of charges to file.
So if a deadly weapon was used, you are more likely to face a felony domestic violence charge.
What Are the Penalties for a Domestic Violence Conviction in Tennessee?
A domestic violence conviction in Tennessee can have serious consequences, including jail time, fines, and court-ordered programs. The severity of the penalties you face will depend on the specific circumstances of your case, such as:
- The type of domestic violence: Assault, battery, stalking, etc.
- The severity of the offense: Simple assault vs. aggravated assault.
- Prior offenses: Whether you have any prior domestic violence convictions.
Here's a general overview of potential penalties for domestic violence convictions in Tennessee:
- Misdemeanor Domestic Violence: Can result in up to 11 months and 29 days in jail, fines up to $2,500, mandatory anger management classes, and a loss of firearm rights.
- Felony Domestic Violence: Depending on the class of felony (C or D), penalties can range from 2 to 15 years in prison, fines up to $10,000, mandatory counseling, and a no-contact order with the victim.
Contact Our Putnam County Domestic Violence Attorney Today
Time is of the essence when someone accuses you of domestic violence. Contact us now so you can have experienced counsel beside you when making your first statements to the police. We also help you understand the impact your immediate decisions can have on the rest of your case.
If charges are not dropped, we can guide you through proceedings with a personalized defense that mitigates your blame. We serve clients in Putnam, Wilson, Overton, Cumberland, White, DeKalb, Smith, and Jackson counties.
