Facing a Domestic Violence Charge in Tennessee? Here's What You Need to Know

A domestic violence charge can have immediate and lasting effects on your life. You could lose your right to see loved ones, be forced from your home, and face jail time or fines, even before a trial begins. If you have been accused, you need to act quickly to protect your rights and your future.

At Burks & Ogle, we understand how stressful and complicated these cases can be. We are here to help you navigate the legal process, defend your rights, and fight for the best outcome.

What is Domestic Violence in Tennessee?

Domestic violence covers a range of harmful acts within a domestic relationship. This typically involves spouses, intimate partners, relatives, or even roommates. It includes:

• Physical abuse: punching, hitting, slapping, shoving
• Threats of violence
• Sexual abuse
• Emotional or financial abuse

Each state defines domestic violence differently, and Tennessee law allows prosecutors to charge individuals for a wide range of behaviors in domestic settings.

Federal Law and Domestic Violence

Under the Violence Against Women Act (VAWA), it is a federal crime to:

• Commit or attempt violence against an intimate partner across state lines (18 U.S.C. 2261)
• Stalk or harass by mail or computer (18 U.S.C. 2261A)
• Violate a protection order across state or national borders (18 U.S.C. 2262)

Immediate Consequences of a Domestic Violence Allegation

Before your case even goes to trial, you could face serious restrictions:

• Protection Orders: The court may issue a no-contact or restraining order, often without your presence.
  • You may be forced to leave your home.
  • Contact with your partner or children may be restricted.
• Firearm Restrictions: Federal law prohibits individuals under protection orders or convicted of domestic violence from owning firearms.

A protection order violation is a criminal offense that can add more penalties to your case.

Penalties for Domestic Violence in Tennessee

Penalties vary depending on the severity of the offense and your prior history. They may include:

• Fines
• Probation
• Court-ordered counseling or treatment programs
• Jail or prison time

Aggravating circumstances that can increase penalties:

• Serious injury to the victim
• Use of a weapon
• A child witnessing the act
• Violation of a prior protection order
• Victim vulnerability (e.g., pregnancy, elderly)

Repeat offenses lead to harsher penalties.

Can Domestic Violence Charges Be Dropped?

Even if the alleged victim no longer wants to press charges, only the state can decide to drop a case. The same applies to protection orders, which remain in effect until lifted by the court.

Violating a protection order, even if both parties agree to contact, is a serious offense.

Defenses Against Domestic Violence Charges

You may have valid defenses based on your specific situation:

• Self-defense: You acted to protect yourself or others using reasonable force.
• Lack of evidence: The prosecution cannot prove the charges beyond a reasonable doubt.
• False allegations: The accusations are untrue.
• Accident: Any harm caused was unintentional.

Domestic violence charges can affect your relationships, your parenting rights, and your ability to find work or housing. Do not face this alone.

Contact a Knoxville Domestic Violence Defense Attorney Today

If you have been charged with domestic violence, speak to a defense attorney at Burks & Ogle immediately. We will listen to your side, examine the evidence, and help you understand your options.

Let us fight for your rights and your future.

Call (865) 522-4964 or contact us online now for your Free Consultation.