Family Violence in Tennessee

Domestic abuse means "inflicting or attempting to inflict physical injury on an adult or minor by other than accidental means, placing an adult or minor in fear of physical harm, physical restraint, or malicious damage to the personal property of the abused party." Tennessee Code Annotated § 36-3-601. A victim is any person who falls within one of the following categories:

• Adults or minors who are current or former spouses;
• Adults or minors who live together or who have lived together;
• Adults or minors who are dating or who have dated or who have or had a sexual relationship;
• Adults or minors related by blood or adoption;
• Adults or minors who are related or were formerly related by marriage; or
• Adult or minor children of a person in a relationship that is described above.

A victim may receive an Order of Protection from the local courts. The order prohibits the abuser from coming around the victim and/or abusing the victim. It can be used to remove the abuser from a joint residence and can also include protection for children of the victim.

A victim may seek assistance from a local court clerk for filing the proper paperwork to request the court to grant an Order of Protection. The order may be made effective even before the abuser knows it has been requested. The defendant will be "served" (given the papers and ordered to appear in court) and a hearing will be set.

At the hearing both the victim and the defendant will have an opportunity to explain their side of the story to the court. The court will decide whether the order should continue or be dismissed. If the Order of Protection is continued, it may be in place for up to one year. It is possible to ask for the Order of Protection to be extended longer.

If there is a violation of the Order of Protection, the victim should immediately call 911. The law enforcement officer should/can find and arrest the abuser, even if the abuser has left by the time the officer arrives. If the Order of Protection has been violated, the victim may also file the appropriate contempt paperwork with the court. If the court finds that there has been a violation, the defendant can be jailed, fined, ordered to counseling, ordered to drug and alcohol treatment, ordered to anger management classes, or a combination of these.

A victim may also charge the abuser with a crime if the victim contacts the District Attorney's office. If the District Attorney's Office agrees that a crime has been committed (for example, assault), then they will help the victim take out a criminal warrant. The abuser may be sent to jail, and/or put on probation and may be required to attend Domestic Violence Offender Classes for up to twenty-six weeks. There can be other conditions including counseling and therapy added to the probation requirements. In addition, a condition of probation can be that the defendant is to have no contact with the victim (similar to an Order of Protection). If there is a violation of probation, the defendant may be sentenced to jail.

The Family Justice Center in Knoxville (865-521-6336), located at 400 Harriet Tubman, is a very helpful place for a victim to receive assistance. The Family Justice Center represents sixty-three agencies and offices that work together to reduce or eliminate family violence. At the center there are domestic violence advocates from the YWCA, law enforcement representatives from the Knox County Sheriff's Department and the Knoxville Police Department, representatives from the District Attorney's office, and representatives from the Legal Aid Society. A victim can receive assistance with everything from housing and employment to how to create a safety plan. The Family Justice Center provides services for children and helps victims obtain Orders of Protection and criminal warrants.

The lawyers at Sobieski, Messer, & Associates, PLLC handle family violence cases in Knoxville, TN and the surrounding areas.  Call 1-865-223-5586 to speak with a lawyer today.