DOMESTIC VIOLENCE

Children and victims of domestic violence need protection, and as a former prosecutor and former member of the Domestic Violence Task Force, I have the skills to prosecute such cases at hearings to establish an Order of Protection.  As a family law attorney, I have also defended clients who were falsely accused of domestic violence.  The false accusations were a tool to gain an upper hand in family law court.  Because domestic violence in a family and false domestic violence allegations affect the well-being and legal position of the client and affect the well-being of the children, you should consult with an attorney, whether it is me or another attorney, experienced in such matters.

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Domestic violence refers to a wide range of conduct, from the threat of violence and stalking to sexual assault. As its name indicates, domestic violence requires some special relationship to the attacker. The abuser can be a present spouse or former spouse, cohabitant, relative, same-sex partner, or significant other. 

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Victims of domestic violence, sexual assault, and stalking can obtain a protection order that protects them from the abuser. A judge signs the protection order and orders the perpetrator stay away from the victim or suffer the legal consequences. Unlike the requirements to prove domestic abuse, sexual assault and stalking victims need not demonstrate a special relationship with the abuser.

 

Examples of behavior that can give rise to a protective order include:

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• Domestic violence

• Threatened or actual physical harm

• Confinement or imprisonment of the victim

• Willful and malicious destruction of property

• An attempt to physical injure an animal

• Sexual assault

• Threatened or actual rape

• Sex with a minor under 13 years of age

• Threatened or actual sexual contact without consent

• Engendering fear of rape or sexual contact without consent

• Stalking

• Repeated harassment

• Following or “shadowing”

• Showing up at house or job

• Calling, texting, or emailing

• Sending threatening messages

• Otherwise intimidating or frightening the victim

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Tennessee law protects victims of domestic abuse, sexual assault, and stalking. Under Section 36-3-602(c) of the Tennessee Code Annotated, victims can file a petition for a protective order in either the county where the abuser lives or the county in which the abuse took place. Protective orders generally order the abuser to halt the harmful behavior. In domestic violence cases, courts can give the victim possession of the home, as well as ordering the abuser to either leave it or provide alternative arrangements for housing the victim. After a hearing, the court can also award the victim temporary custody or visitation rights of minor children. Protective orders can require the abuser to attend counseling for violence and substance abuse issues. They can also forbid the perpetrator from possessing, owning, or buying firearms. In some cases, the attacker must reimburse the victim for all costs, expenses, and fees related to the order.

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In Tennessee, victims can obtain three types of protection orders preventing perpetrators from engaging in further acts of abuse. A temporary protection order offers short-term protection until the victim can obtain an extended protection order. Temporary protection orders can last for about 15 days. Extended protection orders can only be issued after a full court hearing. They protect the victim for up to one year and can be extended before the order expires.  A third protection allows for a lifetime order in cases of criminal convictions for crimes in Title 39, chapters 13, parts 1, 2, 3, or 5. An example of such a crime is aggravated rape.