The timeline of a domestic violence case varies from case to case, and there is no clear way to guess exactly how long yours will take. Criminal domestic violence cases are also different from civil protective order cases, which are usually based on domestic violence allegations. The amount of evidence a case involves and how complex it is will affect how long the process takes. Your attorney can give you a more accurate estimate of how long your specific case will take to resolve.
Clarksville Domestic Violence Lawyer
Domestic violence and personal injury is always serious. Although some cases are the real thing and others involve false allegations, the consequences of domestic violence are significant. Whether you are in need of protective orders or are facing allegations of domestic violence and need legal protection against a restraining order, it is critical to secure the assistance of a Clarksville domestic violence lawyer you can trust to protect your rights and help you through the legal process.
These cases should not be taken lightly, and finding the right legal representation is necessary to secure a better outcome for your case. A strong attorney can help you defend your rights against harmful accusations or help you protect yourself and your family from an abuser.
MBK Legal Defense and Support in Domestic Violence Cases
We can help you. At Mathis, Bates & Klinghard PLLC (MBK Legal), we handle a range of family law matters in Tennessee and Kentucky from our Clarksville, TN, home office. Our team has collective decades of legal experience. We help clients who are facing charges that involve restraining orders or orders of protection as well as those in need of protection against domestic abuse.
We know that these cases are stressful and overwhelming. Each case is unique, but we can use our experience to help you secure the ideal outcome for you and your future. We have managed many different types of protective order proceedings, and we can help you successfully file, respond to, and navigate these orders. Our firm wants to help you through this stressful time and provide you with answers to your legal questions.
What Is Domestic Violence?
Domestic violence is not a specific charge in Tennessee. Rather, it’s the label used to describe violent and abusive behaviors committed by someone against a person with whom they have a close personal relationship or living arrangement. Violent and abusive offenses are considered domestic violence crimes when the victim and the abuser have the following relationships:
- Spouses or ex-spouses
- Living together or previously lived together
- Dating or have dated, including in a business or social context
- Have or have had a sexual relationship
- Are related by blood or adoption
- Are related or were related by marriage
- The children of any individuals who have the above relationships with an abuser
Crimes involving domestic violence or abuse typically result in more significant penalties than if they did not. Not only will a defendant face charges of assault or another act of violence but there will be additional penalties imposed by the court. Abuse in Tennessee is defined as:
- Causing physical injury, not by accident
- Trying to purposefully cause physical injury
- Putting an individual in fear of physical harm or restraint
- Physically harming or restraining an individual
- Intentionally and maliciously causing damage to an individual’s personal property
- Purposefully engaging in financial abuse
Domestic violence crimes also include other abusive and violent behaviors, including stalking, sexual assault, harassment, and violating a protective order.
Clarksville Domestic Violence & Personal Injury Legal Protection
Orders of protection are legal orders to provide protection for families against abuse. In cases of spousal abuse, child abuse or other forms of abuse, the court can issue an order to keep the person committing the abuse away from those he or she is hurting.
In many cases, protective orders are the exact protection families need to stay safe from an abusive family member or acquaintance. If a protective order is violated, criminal charges can be pressed against the individual. There are different types of protective orders, and it can be difficult for many victims to determine how to safely file such an order. An attorney can help you understand your rights and abilities and gather the evidence needed to secure an effective protective order.
Protection Against False Allegations
Although domestic violence is a very serious issue, and every legitimate claim should afford protection to the ones in danger, the sad reality is that some people file false claims of domestic violence. This is more common in contentious family law cases, like child custody battles. If you are the person accused, these accusations could result in losing the right to see your own children.
Domestic violence and abuse accusations can result in protective orders or even criminal charges being filed against you. Protective orders, although they may seem less serious, should not be taken lightly. These orders can impact your freedom of movement, your employment, and other aspects of your life. It is important to address protective orders when they are filed against you, as they have far-reaching consequences.
If domestic violence accusations or protective orders result in a criminal conviction, there are many other collateral consequences on your life and future. Collateral consequences from negative outcomes in domestic violence cases include:
- Affecting the split of assets and debts or the awarding of spousal support in divorce proceedings
- Impacting your employment and future employment opportunities
- Preventing you from getting custody of your children
- Prohibiting you from owning or purchasing a firearm
Some false accusations are made as an honest mistake, like a neighbor misinterpreting an overheard argument. Other cases involve intentional false allegations in order to create leverage in a divorce or custody hearing. It’s important that you secure an effective defense against these accusations.
Whatever the reason, if you have been accused of domestic violence of any kind and a restraining order has been filed against you, contact one of our Clarksville domestic violence or personal injury attorneys to clear your name and record, and help you get your life back.
FAQs:
What Is the Domestic Violence Rate in Tennessee?
The domestic violence rate in Tennessee in 2020 was about 1,076 domestic violence victims per 100,000 population, according to the Tennessee Department of Health, with 69,946 victims in cases reported to law enforcement. This rate has been decreasing over the past several years. Over 95% of these domestic violence cases were assaults. In the same year, there were 84,205 domestic violence offenders reported or an approximate rate of 1,218 per 100,000 population.
What Usually Occurs in a Domestic Violence Case in Tennessee?
What usually occurs in a domestic violence case in Tennessee depends on whether it is a criminal case or a civil protective order case. A criminal domestic violence case follows the process of any criminal case, including arrest due to a warrant or probable cause, bail and pretrial release, and then a criminal trial. A protective order may be a part of a criminal case or separate. It occurs when a victim alleges domestic violence and requests that restrictions be placed on the individual who allegedly harmed them.
What Is the Sentence for Aggravated Domestic Assault in Tennessee?
The sentence for aggravated domestic assault in Tennessee includes both the penalties for aggravated assault and additional penalties for a crime against a closely related person. Aggravated assault is usually a Class C or Class D felony. These offenses result in a minimum of two or three years and up to 12 or 15 years of imprisonment, as well as fines of up to $5,000 or $10,000. For a domestic violence crime, there may be an additional fine of up to $200.
Contact Clarksville Domestic Violence Attorneys At MBK Legal
Do not wait. In all matters of domestic violence charges, time is of the essence. Whether you are facing charges or are in danger and need to file a protective order, it is crucial that you have the right legal counsel by your side. At Mathis, Bates & Klinghard PLLC (MBK Legal), we can provide you with compassionate representation in the face of these stressful circumstances. Call us at (931) 919-5060 or schedule a consultation online to speak to one of our attorneys.
