This post provides general information about a very serious legal topic that can have significant consequences in both the criminal and family law courts of Tennessee: domestic violence. Domestic violence refers to acts of violence committed by and against members of a household or family. Not all accusations of domestic violence claim physical abuse; some claims of domestic violence are based on allegedly abusive conduct that is emotional, psychological, and sexual.
Last week this Tennessee family law blog discussed the important topic of orders of protection and how they may be issued by the courts. Generally, an order of protection may be issued if a court finds that a person is the victim of alleged domestic violence and is in need of support to avoid continuing problems with their alleged aggressor. However, last week's post also noted that not every order of protection that is issued is based off of good information and that issues can arise for individuals who have been wrongfully identified as domestic violence aggressors.
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.
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.
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.
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.
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.
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.
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.
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.