Domestic Violence

Under T.C.A. § 39-13-101, an assault occurs when a person:

(1) Intentionally, knowingly or recklessly causes bodily injury to another;

(2) Intentionally or knowingly causes another to reasonably fear imminent bodily injury; OR

(3) Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.

Under T.C.A. § 39-13-102, an assault becomes a felony known as aggravated assault when it involves a firearm and/or if it results in serious bodily injury, death, or strangulation to the victim. 

The assault or aggravated assault then becomes classified as a domestic assault/aggravated assault if the relationship between the aggressor and victim is one of the following described in T.C.A. § 36-3-601(5): 

(A) Adults or minors who are current or former spouses;

(B) Adults or minors who live together or who have lived together;

(C) Adults or minors who are dating or who have dated or who have or had a sexual relationship. As used herein, “dating” and “dated” do not include fraternization between two (2) individuals in a business or social context;

(D) Adults or minors related by blood or adoption;

(E) Adults or minors who are related or were formerly related by marriage; or

(F) Adult or minor children of a person in a relationship that is described in subdivisions (5)(A)-(E).

So, if you commit any type of assault against a person who has a relationship with you that fits in one of these categories, it will be characterized as a domestic violence offense and you will likely be immediately arrested. Upon this arrest, an order of protection will probably be entered against you. 

In Tennessee, an order of protection is an order issued by a judge that restricts your ability to interact with certain people and it restricts other legal rights. It is usually initiated by the officer that arrested you for a domestic assault charge. Under T.C.A. § 36-3-605, a judge can grant an order of protection immediately if the officer or victim has “good cause” to believe that the victim of the domestic assault is in “immediate and present danger of abuse.” This is a very low bar for the officer to overcome and as such, these are routinely granted. 

Subsection (b) of this statute requires that a hearing be set within 15 days to determine the validity of the order of protection. These orders are also routinely upheld at this hearing and can go into effect for up to one year. There are many conditions that you must adhere to while the order of protection is in place, and they typically include the following:

1. No contact with the alleged victim in any form (text, phone call, email, in-person, etc.); and

1. Relinquish all firearms in your possession within 48 hours pursuant to T.C.A. § 36-3-625.

If an officer believes that you violated an order of protection, they will arrest you even without a warrant and you will be charged with a new criminal charge. If convicted, you will be subject to additional penalties on top of the ones associated with the underlying domestic assault.

Depending on the circumstances of your case, domestic assault will be either a Class A or Class B misdemeanor, which means your maximum possible sentence would range from 180 to 364 days in jail and a fine between $500.00 and $15,000,00. Domestic Aggravated assaults range from Class D felonies to Class C felonies with maximum sentences ranging from 12 years to 30 years in prison and fines between $5,000.00 and $25,000.00. 

A conviction for violating an order of protection is a Class A misdemeanor which is also subject to 364 days in jail and a $2,500.00 fine. 

If you are convicted of a domestic violence charge and a violation of an order of protection, T.C.A. § 39-13-113(i)(2) requires you to serve your sentences consecutively rather than concurrently. This means that if you are sentenced to 364 days in jail for the domestic assault and 364 days in jail for the violation, you will serve the combined 728 days in jail.

If you plea to or are found guilty of any domestic assault, you will lose all legal rights to own or possess any firearms pursuant to T.C.A. § 39-17-1307(f)(1) and 18 U.S.C. § 922(g). This means that from the moment of conviction for a domestic violence offense, you will never again be able to lawfully possess or buy a firearm of any kind. It also means that if you do subsequently possess a firearm, that will constitute a new criminal offense that is subject to additional penalties and sentencing. 

Additionally, T.C.A. § 36-6-112 says that a child shall not be placed into the custody of a parent who “presents a substantial risk of harm to that child.” As a result, a mere charge for a domestic assault may cause you to lose custody of your child.

Pursuant to T.C.A. § 40-32-101, domestic assault is one of the criminal charges that cannot be expunged if you are convicted. As such, it is imperative that you contact an attorney as soon as possible after being charged.