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Memphis Domestic Violence Attorney

Defending Against Domestic Violence Charges in Shelby County

Domestic violence crimes could entail several different offenses. This type of offense can be brought about in a variety of different relationships. Domestic violence does not solely occur between a husband and wife. The relationship could involve a former spouse, a roommate, a person who you share a child with, or anyone related by marriage or blood. There are serious consequences that can follow a domestic violence charge in the state of Tennessee.

While all of these crimes can be charged on their own, they fit into domestic violence if there is a relationship between the defendant and the victim. Whether by marriage or just by living together or dating, a relationship can increase the severity of the offense. There is not a clarification if the individuals involve are heterosexual, gay, or lesbian; anyone can be charged with domestic violence. The charges may be enhanced, however, if it involves a male attacking a female.

Have you been accused of domestic violence? Call The Ferguson McNeil Law Firm, P.A. today at (901) 878-5434 or contact us online to schedule a free consultation with our domestic violence lawyer in Memphis.

What Entails a Domestic Violence Offense?

This category of offenses can refer to a wide range of crimes, including:

What are the Penalties For Domestic Violence  in Tennessee?

The penalties for domestic violence in Tennessee are tough. The offense is generally charged as a Class A misdemeanor in the state of Tennessee. This type of misdemeanor is punishable by a fine of up to $2,500 and up to 11 months and 29 days in jail. On top of these, there are also consequences involving a right to carry or own a weapon and employment options.

  • Losing Your Right To Own a Firearm
    You can lose your 2nd amendment rights of owning a firearm after being convicted of domestic violence. There are also consequences throughout the criminal proceedings. You may have a protective order imposed on you, which can force you to leave your home.
  • Impacts on Visitation and Child Custody Rights
    This order can also jeopardize your visitation and child custody rights. Any of these penalties can be aggravated if your offense involves serious assault or injuries. You could be facing felony charges with longer jail time and heavy fines. Seek representation from a domestic violence attorney in Memphis for help.

What Is the Sentence for Domestic Assault in Tennessee?

A domestic assault conviction in Tennessee can result in the same penalties as general assault crimes. However, permanent firearm loss and a fine paid toward family violence shelters are additional consequences of domestic assault.

Possible penalties for domestic assault in Tennessee include:

  • Class C felony: up to a $10,000 fine and 3 to 15 years in prison
  • Class D felony: up to a $5,000 fine and 2 to 12 years in prison
  • Class A misdemeanor: up to a $2,500 fine and/or 11 months and 29 days in jail
  • Class B misdemeanor: up to a $500 fine and/or six months in jail

Defenses Against Domestic Violence Charges

In order to build a solid defense, the lawyers at The Ferguson McNeil Law Firm, P.A. fully investigate our clients' cases. This involves reviewing the reports, interviewing everyone involved, and then creating a defense. All too often, there are false accusations of domestic violence, whether due to misinterpretation or purposefully. This can be for monetary gain or to improve chances of receiving custody, or any favorable result in family law cases.

The common defenses against domestic violence charges include:

  • Innocence or false accusation
  • Changing or recanting stories from the victim
  • Offense does not constitute "domestic violence"
  • Lack of subject matter jurisdiction (relationship between the parties is not one of the categories protected by the Prevention of Domestic Violence Act)
  • Act was out of self defense

We can also make an argument that your case involves a de minimis infraction. This means that it was minor conduct that should not be considered an offense. Impeaching credibility is one of the most common defenses. These cases generally resort to a competition between the word of the victim and the word of the defendant. Looking for inconsistencies can impeach credibility and help your case.

Understanding Protective Orders

In Tennessee, a protective order is a legal measure designed to protect individuals from domestic violence, harassment, or threats. There are different types of protective orders, and each has its own set of guidelines and duration.

  • Temporary Orders of Protection: These are short-term orders issued quickly to provide immediate relief. They can be granted without a full hearing if the victim feels they are in immediate danger. Temporary orders usually last for up to 15 days.
  • Restraining Orders: Similar to protective orders, restraining orders prevent an individual from contacting or coming near the victim. These are often issued in civil cases, such as in family law or harassment cases, and can last for a set period.
  • Long-Term Orders of Protection: After a hearing, a judge may issue a long-term protective order that can last up to one year, and it may be extended if necessary. This order often includes provisions for the defendant to stay away from the victim, surrender firearms, and cease any abusive behavior.
  • Violation of Protective Orders: Violating a protective order is a serious offense. If the defendant does not comply with the conditions, they could face criminal charges, including:
    • Misdemeanor or felony charges: Depending on the nature of the violation, the penalty can range from fines to jail time.
    • Additional restrictions: Violating an order may also result in further limitations, such as additional protective orders or conditions for future hearings.

The Role of Domestic Violence in Divorce and Family Law Cases

Domestic violence can have a significant impact on divorce and family law matters, affecting everything from property division to child custody.

Domestic Violence and Divorce: Allegations of domestic violence can influence how a divorce is settled. In Tennessee, the court may consider the history of abuse when determining:

  • Alimony: The abuser may be required to pay alimony to the victim as part of the divorce settlement.
  • Asset Division: Domestic violence may also affect how property and assets are divided between the spouses.

Impact on Custody and Visitation Rights: If domestic violence is involved, it can heavily influence child custody decisions:

  • Child’s Safety: Courts prioritize the safety of the child. If there’s a history of abuse, the abusive parent may be denied custody or visitation.
  • Supervised Visitation: In cases where the abusive parent is granted visitation, the court may order that it be supervised to ensure the child’s safety.

Understanding these consequences is critical in both defending against domestic violence charges and navigating related family law issues. Consulting an experienced attorney can help individuals protect their rights and understand the legal implications of domestic violence accusations.

FAQs About Domestic Violence in Tennessee

  • Can a protective order be issued against me if I’ve been accused but not convicted of domestic violence?
    Yes, a protective order can be issued even if you have not been convicted. A judge can grant a temporary or long-term protective order based on the allegations if the victim can demonstrate a credible threat of harm.
  • How long does a protective order last in Tennessee?
    A temporary protective order can last up to 15 days. After a full hearing, a long-term order of protection can last for up to one year, but it can be extended if necessary for continued protection.
  • What should I do if I’ve been falsely accused of domestic violence?
    If you’ve been falsely accused, it's crucial to consult with an attorney immediately. An experienced lawyer can help you gather evidence, challenge inconsistencies in the victim’s story, and protect your rights in court.
  • Can I still see my children if I have a domestic violence charge?
    If you have been charged with domestic violence, the court will evaluate the safety of your children before allowing visitation or custody. In some cases, visitation may be supervised or limited to ensure the child’s well-being.
  • How does a domestic violence conviction affect my employment?
    A domestic violence conviction can have significant consequences for your employment, especially if your job requires background checks or involves working with vulnerable populations. It may limit your job opportunities or even result in job loss.

Contact Our Domestic Violence Lawyer in Memphis Today

Looking for an attorney for your domestic violence case in Memphis? Team up with The Ferguson McNeil Law Firm, P.A. Attorney Ferguson is Certified as a Specialist in Criminal Trial Advocacy by the National Board of Trial Advocacy, who may be able to help you fight against your charges. Our Memphis domestic violence attorneys have also earned a 10.0 superb Avvo rating due to the reviews of former clients.

Contact The Ferguson McNeil Law Firm, P.A. today to get started on your defense with our Memphis domestic violence attorney.

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Blog & FAQ Stay Updated

  • Will I Go to Trial?
    Depending on your case and the way that your attorney approaches the case. If you and your attorney are able to reach a resolution through negotiations before trial, that you may not have to go to court. But if a remedy cannot be reached than you will have to go to trial. There are times that a case is dismissed before trial so there is a chance that your will not have to appear in court.
  • The Police Are Asking to Search My Car. Should I Let Them?
    No. As a U.S. citizen, you have rights to protection from unlawful search and seizure, which means that officials must have your consent or a warrant in order to search your person as well as places such as your car, home, or office.
  • The Police Officer Says That It Will Go Better for Me if I Confess. Should I?
    No. It is true that a deal may be worked out in exchange for a guilty plea in some cases; however, it is also important to know that police officers can lie to you in order to elicit information or a confession. With this being said, it is crucial that you do not confess or deny anything until you can speak with a legal representative.

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