All About Domestic Assault in Tennessee
When it comes to domestic assault laws in Tennessee, there is often confusion about what these laws are, who they protect, when they are applicable and the consequences of violating them. Domestic assault laws in Tennessee are designed to reduce the potential for harm between individuals who are in personal relationships, such as those who share a home, are related, or were previously in a romantic relationship but are not still married or living together.
Domestic assault laws in Tennessee are governed by T.C.A. § 39-13-101. Although there are actually a number of different offenses that fall under the description of "assault" in this law, the most common is T . C.A. § 39-13-102 – which describes a variety of different ways a person can be charged with simple domestic assault.
Assault under Tennessee law is defined as any of the following actions:
In Tennessee, domestic assault isn’t something that will only apply when couples fight. It can also apply to fights between roommates, siblings, friends or even from parents to children and vice versa. Domestic assault laws in Tennessee are created to protect the person being assaulted, whether that person is a spouse, relative or something other than that.
Domestic Assault Defined Legally
The legal definition of assault in Tennessee refers to the intentional or knowing touching of another person in a way that causes injury or pain. Domestic assault can also refer to intentionally causing someone to reasonably fear bodily injury. In short, the law requires physical contact or an act to be committed in order to be charged with domestic assault. The law further clarifies domestic assault, or domestic violence which is a commonly used synonym, as occurring between the parties involved because of their relationship including: spouses, parents or guardians to children, persons who are dating or who have dated in the past, siblings, grandparents or any legal substitute thereof (e.g., a step-parent), and any other person who lives in the residence. It is important to note that even if you are in a casual dating relationship with the person that you are charged with domestic assault against, you can still be prosecuted for domestic assault.
How Domestic Assault Crimes are Classified
Many family-related disputes in Tennessee result in an arrest for domestic assault. Law enforcement and prosecutors do not take domestic assault lightly, even if the incident resulted in little or no injury. Accordingly, it is important to have a criminal defense attorney that you can trust to aggressively defend your case. There are multiple convictions for domestic assault:
Tennessee classifies domestic assault into four separate offenses, depending on the severity of the offense and circumstances surrounding the offense.
The first is sexual assault, which any force or coercion was used to gain compliance and the sexual contact occurred without consent. Consent in this case is defined by the "reasonable person" standard. If a reasonable person would understand consent to be required based on the defendant’s actions against the other person, then the contact would not be by consent. This is a class B felony, punishable by 8 to 30 years in prison and $100,000 fine.
The second is aggravated assault, which requires some serious injury or substantial risk of injury, an intended, attempted or threatened strangulation of the victim. In addition, any domestic assault becomes aggravated assault if the victim is pregnant at the time of the offense. This is a class C felony, punishable by 3 to 15 years in prison and a $10,000 fine.
The third is aggravated kidnapping, meaning that a person is knowingly removing or confining another unlawfully so as to interfere substantially with the other’s liberty by fraud, enticement, force, threat or fear. This requires that the defendant has exhibited a deadly weapon, is placed in fear of serious bodily injury or death, and has done one of the following to substantially interfere with the victim’s liberty: (1) taken or carried away from his place of abode or business; (2) secretly enticed them from the place they were found; or (3) hidden them. Simple kidnapping is a class C felony, while aggravated kidnapping is a class B felony. Upon conviction for aggravated kidnapping of a child under the age of 13 years, the defendant will be sentenced to a minimum annual service of 25 years of imprisonment. Violators are not eligible for parole.
The last is domestic assault, which means intentionally, knowingly or recklessly causing another to reasonably fear imminent bodily injury. This law was passed to protect people who are in intimate relationships, such as spouses (and their working definitions), dating partners and adults who are living or have lived together. People are not protected if they have only had a dating relationship or are not related closely. Penalties for a domestic assault can be a misdemeanor conviction, but can be increased to a felony if the accused has been previously convicted of a domestic assault or has a prior felony charge.
Punishments for Domestic Assault in Tennessee
Depending on the circumstances of the domestic assault, multiple charges may apply. Offenses are rated as: Class A misdemeanor, Class B misdemeanor, Class C misdemeanor, and felony. In Tennessee, domestic assault is a Class A misdemeanor and is punishable by a sentence of likely no more than 11 months and 29 days in jail, a $2,500 fine, or both.
Because this is a misdemeanor, an arrest warrant can only be issued if it’s not possible to give a citation, so the accused will not be detained until they have been taken by the police to see a magistrate. Then the court will set a bond amount and procedures for collecting the bond. Generally, for a Class A misdemeanor, the bond may be as low as $500, but some judges will set a minimum of $2,000. Most defendants pay those amounts without posting a house or land bond with a real property title.
If you violated an order of protection, the order had lapsed, and you were charged with assault, that assault is a Class A misdemeanor. If you violated an order of protection and the court issued another more recent order of protection, then the Class A misdemeanor assault will be upgraded to a Class E felony.
In this case, the penalty may be a one to six year prison term and a $3,000 fine. A felony assault against a family member may also carry one of the following mandatory punishments, depending on the number of prior convictions or the severity of one of the prior ones:
If the facts and allegations of physical or bodily harm against family members or partners do not qualify as aggravated assault, then domestic assault may be charged as a Class B or Class C misdemeanor.
A Class B misdemeanor conviction is punishable by up to six months in jail, a $500 fine, or both. In cases where the victim sees the person again after the alleged offense, the charge will be upgraded to a Class A. It may include a request for an order of protection and lead to further charges.
Protective/Restraining Orders and Domestic Assault
In cases of domestic assault in Tennessee, a victim may be granted an order of protection. This is a civil document issued by a court designed to protect victims of domestic violence. The order can prohibit the abuser from coming or going from certain locations or require them to leave the family home. These can also include provisions to stay away from the victim, their friends, relatives, and any children who are involved. Unfortunately, though, these can only be granted if there is sufficient evidence that domestic assault occurred.
One of the first steps needed to get the protective order issued is to file for an ex parte temporary order of protection. This can be done through a state or local courthouse. After this, a judge will review the application for an order of protection before issuing the ex parte temporary order. Going through this process may take only a few days. In some cases, it can take several weeks or even months for an ex parte temporary order to be issued. However, once issued, this will give the victim time to prepare for a long-term protective order.
They may last up to one year. At this point, the victim must prove that they have been the victim of domestic violence, abuse, stalking, or sexual assault, and can file for a long-term protective order. They will then go through a court hearing for the judge to make a final ruling regarding the long-term protective order. It is important to note, though, that protective orders do not guarantee the safety of a person. The abuser can still choose to ignore the order and potentially cause more harm.
Anyone who does violate the order may need to pay a fine, or they could be arrested, depending on how serious the act is. If they have violated the terms of the order, a victim can choose to file for a modification or extension to the temporary or long-term order of protection. Fortunately, these have no expiration date, and can be extended repeatedly with proper documentation.
How to Defend Against Domestic Assault charges
When facing domestic assault charges in Tennessee, defendants may explore several potential defense strategies depending on the circumstances of their individual case. Given the severity of the penalties associated with these offenses, it is important for those facing domestic assault charges to be aware of their legal rights and, if necessary, to seek the assistance of skilled legal counsel. For example, in cases where the alleged victim has made false allegations, a defendant may benefit from presenting evidence that the allegations were false, vindictive in nature, or were made as a pretext to gain leverage in a divorce or child custody action. The defendant should be careful not to make violent threats against an alleged victim in the course of defending his or her case, however, since this could lead to additional charges. Domestic assault defenses may include mistakes of fact or identity. In order to obtain a conviction, prosecutors must prove beyond a reasonable doubt that the defendant is guilty of the alleged offense. If there is no evidence linking the defendant to the crime , or if the defendant can demonstrate that there was a mistake, such as being misidentified as the perpetrator, the defendant may escape conviction. The defense of self-defense is commonly employed in domestic assault cases. If a defendant can demonstrate that he or she acted reasonably when confronted with an immediate threat of injury, a jury may acquit the defendant of the criminal charges. When exercising this defense, however, a defendant cannot use more force than is reasonably necessary to defend him or herself. If a defendant used excessive force in the altercation, this may lead to criminal charges being filed against the defendant. The legal representation of an experienced criminal defense attorney is critical to the preservation and protection of the rights and freedoms of persons who are charged with a crime in Tennessee. While each case is unique, the defendant will be able to better understand all of the potential legal options available to him or her when he or she is able to count on the advocacy of a skilled lawyer.
Domestic Assault Resources and Victim Support
Sufferers of domestic abuse and their families in Tennessee have access to numerous legal resources and support services to help them during the worst times in their lives. Through these programs, victims of domestic assault can obtain vital information they need to seek justice in court, receive support services during their recovery from injuries, and work toward building safer lives for themselves. Through the Tennessee Coalition Against Domestic and Sexual Violence Services, victims of domestic assault can access numerous resources in communities around the state. This organization manages an extensive directory of services by county, so victims can find local support in their time of need. As victims struggle to recover from the injuries caused by their abusers, their legal needs may be the last thing on their minds. The United States Department of Justice includes the National Center for Victims of Crime and The National Coalition Against Domestic Violence in its list of resources and support services for crime victims. These organizations offer the latest news concerning the issues facing victims of domestic assault, and the information they need to help them recover from the trauma after assault. Finally, when victims of domestic violence are ready to take matters to court, both the government of Tennessee and the state bar offer invaluable resources to ensure victims of domestic assault have the legal representation they need throughout the process. The Tennessee Administrative Office of the Courts provides answers to commonly asked questions about domestic abuse, direct victims toward local domestic violence service providers, and offers information on assistance from around the state of Tennessee. The Tennessee Bar Association maintains a "Lawyer Referral Service" to connect those who have experienced or been affected by domestic violence with attorneys who can provide invaluable individualized help. In most cases, the service will refer callers to attorneys in their area with experience handling domestic assault cases.
Latest Amendments in Domestic Assault Laws
In recent years, Tennessee legislators have made a number of notable changes to the state’s domestic assault laws. Changes have included reclassifying domestic abuse as a more serious charge than assault in the first degree and classifying it as a Class A misdemeanor. Class A misdemeanors are punishable by up to eleven months and twenty-nine days in jail and/or a fine of $2,500. Prior to the 2017 changes, domestic conduct was classified as a Class B misdemeanor, carrying a maximum punishment of six months in jail and/or a fine of $500. Added to the revised statute in 2017 was a mandatory twelve hours of domestic violence intervention in addition to an Order of Protection. Tennessee judges are also required to ask potential victims of domestic violence about their present level of danger. If the judge determines that the alleged victim of any kind of domestic violence is at a high risk for future violence, the statute requires immediate issuance of an Order of Protection against the alleged offender even if he or she is not present in court at the time. This new language in Tennessee’s domestic assault law enhances protections for judges, alleged victims and survivors of domestic violence. In numerous instances in which the alleged victim has not been present in court, but the court has made the determination that an Order of Protection would provide added safety to the victim, an Order of Protection may be served on the alleged assailant immediately after he or she has been arrested. There are certain cases in which the victim of domestic violence, a restraining order, or an Order of Protection is not appropriate. In some instances, a domestic violence victim may be more interested in receiving counseling for his or her partner than in seeing the partner serve jail time or pay a fine. In these and other similar cases, the victim may not want to pursue any type of formal charges against his or her partner, and that decision would not change if the victim were to obtain an Order of Protection. The victim may have additional concerns over how to deal with his or her abuser who has faced criminal charges or been found guilty of domestic violence or assault. For those individuals who wish to avoid an aggressive approach to dealing with their abuser, counseling might be a better option than an Order of Protection.
Navigating the Domestic Assault Laws
In this blog post, we have explored the intricacies of domestic assault laws in Tennessee and examined the potential ramifications of being charged with this crime. It is crucial to understand that a domestic assault charge can be a serious matter, even if the underlying incident seems relatively minor. As we have seen, the legal landscape surrounding domestic assault can be complex, with different degrees of severity, potential defenses, and varying penalties.
It is important to recognize that regardless of the circumstances that led to the charges, legal guidance and community support can be of help and encouragement to you. If you have been accused of domestic assault or are seeking to file a case against someone , working with a skilled Nashville defense attorney can make a significant difference in your case. Furthermore, a local victim advocacy group can help a victim access resources intended to help them escape a cycle of abuse. If you are currently facing domestic assault charges or dealing with the emotional and physical effects of family violence, we encourage you to take steps to handle the situation according to the law. Talk to a trusted legal professional about your case, and seek help from organizations that can help you manage the repercussions.