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domestic violence Archives

When may a temporary protective order be issued?

Tennessee courts are tasked with issuing protective orders when individuals petition for protection from others who they believe are threats to them. It is important that readers understand that the circumstances discussed in this blog are not the only ways that protective orders may be issued and that different factual scenarios can have different legal outcomes. However, temporary protective orders are generally issued when violence has been threatened or allegedly committed against a person by someone else.

Which relationships are covered by domestic violence laws?

Domestic violence involves accusations of threats and violence against individuals by people who are close to them. While definitions of domestic violence can look different from state to state, in Tennessee the relationships that may be involved in domestic violence claims can vary. This post will look at some of the affiliations that may fall under domestic violence claims but readers should discuss their rights and options with their defense attorneys when claims of domestic violence are made against them.

What is an order of protection in domestic violence cases?

When a court issues an order regarding the outcome of a legal matter, the parties who were part of the underlying legal matter may be bound to certain actions through the judgment of the court. For example, when two Tennessee parents go through a child custody hearing, they will be bound to the court's order regarding their shared time with their children. Similarly, when a party asks for an order of protection against someone they have accused of domestic violence, the accused party may be restricted in their actions and activities if an order is issued.

Accusations of domestic violence put attorney in spotlight

It is normally the job of lawyers to work with their clients to solve their legal troubles. Depending upon their needs, a client may require criminal expertise or a knowledgeable counselor on civil legal issues. Tennessee attorneys handle a slew of matters for their clients and do so in a professional and respectful manner.

Help for when criminal and civil legal problems collide

Last week's post on this Tennessee criminal and family law legal blog discussed different forms of alleged conduct that may result in charges of domestic violence or domestic assault. Readers may be aware that these charges are criminal and can result in serious penalties like jail time. They may also have repercussions for individuals who have families and may impact their rights to see the people that they love.

Different alleged conduct may constitute domestic violence

Domestic violence is a common theme of police dramas and other programs that sensationalize the discord that some families experience within the confines of their own homes. Interactions between Tennessee spouses, parents, children and other close relations can become heated and when they do allegations of domestic violence may arise. This post will touch on some of the ways that a person may allege domestic violence under the laws of the state.

Allegations of domestic violence can impact child custody rights

Preserving one's access to their own children following a separation or divorce can be a significant priority to a Tennessee parent. In most cases a parent can, at the very least, preserve visitation time with their child if a court finds that such contact will serve the child's best interests. However, in some cases certain allegations can limit or even curtail a parent's desires to be with their children and can even cut off their parental rights.

What is a protective order?

In other jurisdictions around the country they may be called restraining orders or orders of protection, but in Tennessee orders issued by courts in domestic violence cases are generally called protective orders. These orders often impose significant burdens on the individuals who are accused of committing domestic violence against the alleged victims and this post will discuss just how invasive these orders can be.

You have the right to fight domestic violence claims

Domestic violence is a serious issue that may impact the lives a number of Tennessee residents regardless of their income, race, or gender. It can tear families apart, and allegations of domestic violence can lay rifts between individuals far into the future. Additionally, a person who is claimed to be a domestic violence perpetrator may find themselves in legal trouble if their alleged actions result in criminal charges.

How does Tennessee define domestic assault?

The state's domestic assault definition contains two distinct terms: domestic and assault. The assault portion of the definition matches the general definition of the crime of assault. An assault occurs when a person intentionally or through reckless conduct injures another person or causes the other person to have a reasonable fear that they will be injured. Therefore, an assault can be physical violence, but it can also be the infliction of psychological or emotional harm.

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