Domestic Assault Attorney Lebanon & Mt Juliet TN
Best Domestic Assault Lawyer Near Me
Charged with Domestic Violence / Assault in Tennessee?
If you or someone you know is confronted with Domestic Assault or Aggravated Domestic Assault charges, we will act as your personal advocates to defend your case and ensure that your rights and privileges are protected. It is our mission that your individual circumstances are resolved to the best solution possible. We recognize that every person deserves the very best defense, which makes the treatment of each client and the successful resolution of each case a
priority in our firm.
Jail is Only One of the Challenges You Could Face
When charged with Domestic Assault, or Aggravated Domestic Assault, jail is just one of the many challenges you could face. Bail Conditions can keep you away from your home, family, and property. Almost every domestic assault charge is accompanied by strict bail conditions. Specific bail conditions may include: no contact with the alleged victim; no contact with children of a marriage if they were in the home at the time of the assault; prohibitions from going around the alleged victim’s home, workplace, or other location where they might be; no consumption of alcohol; no possession of firearms; and restrictions from entering any place where a firearm may be. These restrictions might seem reasonable until they are applied across the board and without exception. No contact with the alleged victim may mean that cell phones and work computers are inaccessible. Keys to vehicles, credit cards, and even clothing in the home can’t be accessed. Children who were not the subject of an alleged assault are immediately off-limits to the accused. Sometimes the alleged victim and the accused work at the same place, which makes even going to work a risk that could result in incarceration. The accused is put out of their home, often with nowhere to live, before they are even granted a hearing on the accusations. Although never simple, we are often able to rectify many of these problems with bail modifications or temporary orders permitting a single trip to the home.
Changes to Domestic Assault Laws in 2024
If the incident occurred on or after July 1, 2024, you could even be subject to GPS monitoring as a condition of your bail. The Tennessee legislature recently passed a law, effective on July 1, 2024, that states if you have been charged with Aggravated Domestic Assault, it is mandatory that you wear a GPS ankle monitor while out on bond. The alleged victim can have access to your location while wearing the GPS monitor, and your bondsman and the Court are notified if you come within a certain distance of the alleged victim. Some magistrates and judges are requiring citizens accused of simple Domestic Assault to wear a GPS monitor as well. For a Domestic Assault charge that is not aggravated, the Judge has the discretion to remove the GPS monitor if the accused is no longer a threat to the alleged victim or to public safety.
What is an Order of Protection and How Is It Different?
Orders of Protection are separate civil actions that may be filed alongside criminal charges of domestic violence. These are typically handled in a separate court, often with a separate Judge. If the alleged victim presents their case to the Magistrate, and the Magistrate finds there is a threat of immediate harm to the alleged victim, the Magistrate may grant what is called an Ex Parte Order of Protection. This is a temporary Order of Protection that lasts until the parties have a hearing, typically within 15 days. If there is not a threat of immediate harm, the Magistrate will simply set a Court date for the alleged victim’s petition to be heard. If granted, an Order of Protection is effective for a period of 1 year, which means no direct or indirect contact with the person petitioning for the Order of Protection for that entire time. Furthermore, you must forfeit any firearms you have in your possession while the Order of Protection is in effect. You cannot purchase any firearms or have them on your person or property for that 1-year period. Under the Order of Protection statute, the Court has broad discretion to order additional terms. In addition to not being able to contact the petitioner, if an Order of Protection is granted against you, you could be prevented from returning to your home,
prevented from going to certain locations, and be ordered to pay child support and for other expenses for the period of time the Order is in effect, to name a few.
Violating an Order of Protection can result in an immediate arrest for contempt of a court order, which can carry a 10-day jail sentence, and a new criminal charge of Violation of Order of Protection—a class A misdemeanor. Even a simple phone call to the petitioner asking if the kids are okay can be considered a violation, so being diligent about what you can and cannot do is necessary. We take every measure possible to ensure that our clients are aware of the conditions of both the Order of Protection and the bond conditions of their Domestic Assault or Aggravated Domestic Assault charge.
Both bail conditions and orders of protection prohibit even consensual contact. The accuser cannot waive these conditions without the involvement of the Court. Even if the parties are together by agreement, the person accused of domestic assault will be immediately arrested and often held without bond if found to be in the presence of the victim. It is crucial to have representation when you are under bond conditions or under an order of protection in order to avoid violation, obtain property, and even return to your own home.
What is the Difference Between Assault and Domestic Assault?
Per the Tennessee Annotated Code, Assault can happen in a variety of ways. A person is said to commit assault when they:
• Intentionally, knowingly or recklessly cause bodily injury to another;
• Intentionally or knowingly cause another to reasonably fear imminent bodily injury; or
• Intentionally or knowingly cause physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.
Domestic assault is said to occur when the assault (as outlined above) is committed on a household or a family member. Under Tennessee law, a family or household member is defined as:
• A spouse or former spouse;
• A person related by blood or marriage;
• A person that the defendant lives with or has lived with in the past;
• The mother or father of the defendant’s children.
A domestic assault can be punished as a misdemeanor or a felony and the consequences of a domestic assault conviction can range from a fine to a jail sentence with months, or even years, of imprisonment. Additionally, unforeseen consequences can accompany a conviction of domestic assault, including the loss of firearm privileges and loss of contact with children or other family members.
Hire An Experience Defense Team
If you or someone close to you has been charged with Domestic Assault, Aggravated Domestic Assault, or you’ve been served with an Order of Protection, please call our office to set up an appointment with one of our attorneys as soon as possible.