Domestic Violence Defense Attorneys in Nashville, Tennessee

An accusation of domestic violence can have far-reaching consequences on your personal and professional life. If convicted of this crime in Tennessee, you could face severe penalties and consequences, including but not limited to fines and loss of freedom.  

The domestic violence defense attorneys at Brazil Clark, PLLC, provide clients with strong and reliable legal representation to help them secure a fair resolution. With an office in Nashville, Attorney Frank Brazil and his team fight tirelessly to protect the rights of the accused throughout Rutherford County.  

Domestic Violence in Tennessee

Tennessee law prohibits individuals from abusing current or former romantic partners and family members. What is known as domestic violence in most other states, Tennessee refers to the charge as “domestic assault.” To be considered domestic assault, it has to be an assault committed by a person against their: 

• current/former spouse or dating/sexual partner;  

• cohabitant; 

• blood/adoptive relative;  

• current/former relative by marriage; or 

• a minor or adult child of any of the above.  

Under Tennessee law, assault occurs when a person knowingly, recklessly, or intentionally causes bodily harm to someone else, causes fear of imminent bodily harm, or makes physical contact that would be considered provocative or offensive by a reasonable person. 

Possible Consequences and Penalties 

There are several possible consequences and penalties associated with a domestic violence conviction in Tennessee:  

• Fines. Domestic violence convictions can result in substantial fines ranging from a few hundred dollars to thousands of dollars, depending on the circumstances of the offense. Fines are typically imposed to punish the convicted person for their conduct. 

• Jail time. A conviction for domestic violence can also lead to several months behind bars. The length of incarceration depends on the severity of the offense. There is additional time in jail for offenders with multiple convictions on their record.  

• Supervised probation. In some cases, a court may sentence an individual to supervised probation as an alternative to jail time. Probation requires the convicted person to follow specific rules and regulations, including meeting with a probation officer, abstaining from alcohol or drugs, and avoiding contact with the victim.  

• Batterer intervention program. As part of a sentence for domestic violence, the court may require the convicted person to enroll in a batterer intervention program. These programs aim to educate individuals about the nature of domestic violence and promote healthy relationships.  

• Counseling. Domestic violence convictions can result in a court order for counseling intended to address the underlying causes of the abuser’s behavior. Counseling can help individuals better understand and manage their anger and improve their control over violent impulses. 

• Drug and alcohol abuse treatment program. Often, domestic violence is linked to substance abuse. To address these underlying causes, a court might require the convicted person to participate in a drug and/or alcohol abuse treatment program to reduce the likelihood of future offenses. 

• Loss of firearm. Federal law and several states, including Tennessee, prohibit those convicted of domestic violence from owning firearms. This means that if you are guilty of domestic violence, you will need to turn over any firearms you own, and you will also be prohibited from purchasing any further firearms. 

• Loss of parenting privileges/custody. A domestic violence conviction may also result in the loss of parenting privileges or custody rights. Courts often aim to protect the best interests of the child, so depending on the severity of the offense, the court may limit the convicted person’s access to children. 

If you have been accused of domestic violence, it may not be too late to turn the situation around and avoid a conviction or minimize the penalties. The domestic violence defense attorneys in Nashville, Tennessee, can help you find the best possible way to resolve your charges.  

Possible Defenses

Domestic violence charges are serious, and they require a strong and effective defense by a criminal defense attorney. Possible defenses to domestic violence accusations include but are not limited to the following:  

1. The Accusations Are False 

One of the most common defenses to domestic violence charges is to argue that the accusations are entirely untrue. Proving false accusations will involve a careful evaluation of the evidence and facts surrounding the case. Your attorney may seek to disprove the prosecutor’s case by highlighting inconsistencies in the accuser’s account and analyzing the accuser’s motive, among other things. 

2. The Act Was Unintentional 

Another possible defense to domestic violence charges is to argue that the act was unintentional. This defense could apply in situations where the accused did not intend to harm the accuser.  

3. It Was Self-Defense 

If you were threatened with physical harm or believed that you or your kids were in immediate danger of bodily injury, you may argue that you acted in self-defense. Your attorney will need to establish conclusive evidence that you acted in self-defense and that the use of force was proportionate to the threat. 

4. There Was Police Misconduct 

Domestic violence cases often hinge on the police visit to the scene of the incident. In some cases, the police may have acted improperly, compromising the integrity of the investigation. For instance, they may have violated your rights during an arrest, exercised undue pressure to get a witness’s testimony, or tampered with evidence.  

5. Lack of Proof 

In a criminal case, the prosecutor bears the burden to prove the defendant’s guilt beyond a reasonable doubt. If the evidence presented by the prosecutor is insufficient or weak, the defense may argue that there is a lack of proof to support the allegations. If the prosecution fails to meet its burden of proof, the court may dismiss the case or find the defendant not guilty.