Nashville Domestic Violence Lawyer

Protecting Your Rights and Freedom

Have you been accused of domestic violence?

Beware that any charge of domestic assault in Tennessee is a serious crime. As a former prosecutor, I use my background to fight for the rights of my clients. I prosecuted numerous felony cases in the past and now use this insight to build powerful defenses.

Domestic Violence Defense in Tennessee

Andrew C. Beasley, PLLC takes on a wide range of domestic violence cases, such as:

• Domestic assault

• Aggravated domestic assault

• Harassment

• Stalking

• Aggravated stalking

• Kidnapping

• Aggravated kidnapping

An aggravated charge is far more serious than a regular charge, as it usually applies to cases in which the alleged victim is a minor or suffered bodily injury. If you are facing aggravated domestic assault, stalking, or kidnapping charges, don’t hesitate to contact a Nashville domestic violence lawyer.

There is no case too tough for our firm. And you will never be treated like another case number. With us, you can expect attentive and knowledgeable legal services customized to your needs.

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What Constitutes Domestic Violence?

Domestic violence or "spousal battery" refers to a pattern of abuse leveled at someone in your domestic circle:

• Spouse

• Partner

• Significant other

• Family member

Types of Domestic Violence

Although most people think of domestic violence as always being a physically violent crime, there are many other abuse allegations that may fall under this category. Some of the most common are:

• Physical abuse: Hitting, striking, punching, kicking, pushing, and other forms of physical violence make up this type of abuse.

• Sexual abuse: This pertains to any type of nonconsensual sexual act or touching.

• Emotional abuse: Also known as psychological abuse, this involves manipulating a person through criticism, humiliation, shaming, guilting, etc. The end goal of emotional abuse is to control the victim by isolating, silencing, or discrediting them.

It is common for more than one type of abuse to be wrapped up in a domestic assault case.

How Is Domestic Violence Charged?

The state charges domestic assault within three categories:

• Class A Misdemeanor: 11 months 29 days in jail, and/or incur fines up to $2,500

• Class D Felony: Prison time up to 12 years and/or fines up to $5,000

• Class C Felony: Prison time up to 15 years and/or fines up to $10,000

What Is the Difference Between Domestic Assault and Domestic Violence?

In Tennessee, “domestic assault” is the legal term for “domestic violence.” They are simply two terms for the same type of crime.

Domestic Violence Penalties in Tennessee

Domestic violence charges and accusations in Nashville should be taken very seriously. The penalties will leave a mark on your criminal record. What’s worse, you will be labeled as a violent person for years to come.

Depending on the circumstances of your arrest, you could be facing either a misdemeanor or felony charge. You may need to go through protective order hearings if the alleged victim is requesting a restraining order. These hearings are used primarily to look into the facts of the case to see if the protective order itself is warranted and necessary.

Violation of a Protective Order in Tennessee

If the alleged victim is granted a restraining order and you violate it—on purpose or by accident—they have the right to take the matter to court.

Examples of these offenses can include:

• Committing an act of domestic violence against the petitioner

• Going within a certain distance of the petitioner's vehicle

• Going to the petitioner's work, school, or place of residence

• Destroying the petitioner's personal property

• Refusing to vacate the shared home

• Contacting the petitioner

Under T.C.A. § 36-3-606, violating a protective order is a Class A Misdemeanor.

Defenses Against Domestic Violence Charges

Sometimes domestic assault charges are brought against someone because of the following:

• A situation got out of control;

• One person was intoxicated or under the influence of a controlled substance; or

• In order to gain an advantage in divorce or child custody proceedings.

With such a variety of circumstances, our legal team takes care to tailor our defense strategies to your case. But for reference, here are some of the most common defenses for domestic violence charges:

• False allegations: If the allegations against you are false or blown out of proportion, you could assert that in court. This defense is more effective when you have an alibi and/or when the alleged victim keeps changing their story.

• Self-defense: Everyone has a right to defend themselves. If the alleged victim was actually the abuser, you may be able to argue that you were acting in self-defense. An example would be if the alleged victim was grabbing you or not letting you leave a room and you had to use physical force to escape.

• Defense of others: This defense applies when the alleged incident only happened because you were defending your child, friend, loved one, or others from further harm.

• Lack of evidence: This applies if the prosecution doesn’t have enough evidence against you and cannot prove you are guilty beyond a reasonable doubt.

• Violation of your rights: It may be possible to have your case dismissed if the prosecution violated your civil or constitutional rights while building that case against you. This also applies if police officers violated your rights before, during, or after arrest.

Informed by our criminal lawyer’s experience and insight, our team will take great care to find the right defenses for your case.

Work with an Experienced Nashville Domestic Violence Attorney & Former Prosecutor

Although seeking out information on the internet is an important start to finding general information, absolutely no substitute exists for speaking directly to a Nashville domestic violence attorney for advice based on your circumstances. You may need to act quickly to preserve certain evidence and protect your rights.

Give yourself a strong fighting chance in court. Hire an experienced criminal defense attorney at Andrew C. Beasley, PLLC.

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