Domestic Violence Attorney Clarksville
Put Years of Experience in Your Corner
A domestic assault arrest can affect your life long after you are released from jail. It can result in a loss of your employment, your child custody rights, your military career, your hunting rights, and even your right to live in your home. To protect your future, you should contact a Clarksville domestic violence lawyer as soon as possible.
At Patton | Pittman, our attorneys represent clients in both family law and criminal defense cases. From our office in Clarksville, Tennessee, we represent people accused of domestic violence throughout Middle Tennessee. We also represent victims who are concerned about the effect the charge could have on their family's future. We offer a free initial consultation to discuss your case.
Looking for a domestic violence defense attorney in Tennessee? Contact Patton | Pittman online for a free consultation!
Understanding Conditions of Release (COR) in Clarksville
If you have been charged with domestic assault in Tennessee, you are typically placed on a 12-hour hold before you can be released on bail or bond. To obtain bail, you will be required to agree to certain conditions before being released.
These conditions are typically referred to as your "conditions of release" or "COR." The standard conditions of release include a number of prohibitions. For example, you cannot return to your home, call the alleged victim, contact the alleged victim by texting or e-mail, or drink alcohol.
If you violate any of the conditions, you can be sentenced to 10 days in jail for contempt of court. Upon release, you have a right to a prompt hearing to review and possibly discharge these conditions. Our criminal defense lawyers fight to minimize the effects of a domestic violence charge by filing motions to amend the conditions of release so you can return home and be with your family.
The court may also impose additional requirements, such as attending anger management programs or refrain from any form of contact with the alleged victim for an extended period. These measures aim to prevent further incidents while balancing the rights of the charged individual. Understanding these conditions thoroughly with legal assistance ensures that your rights are not inadvertently compromised and helps in plotting a strategic course of action moving forward.
Is Domestic Violence a Felony in Tennessee?
Domestic violence in Tennessee can be classified as both a felony and a misdemeanor, depending on the severity of the offense and the circumstances involved. Tennessee law recognizes different degrees of domestic assault, which may range from a Class A misdemeanor to a Class C felony.
For instance, a domestic assault involving bodily injury or the use of a weapon could potentially be charged as a felony. Additionally, if the perpetrator has prior domestic violence convictions, the offense could be elevated to a felony charge.
The classification of domestic violence as a felony signifies the gravity of the offense and can lead to more severe penalties, including longer prison sentences and more substantial fines.
According to Tennessee Code §39-13-111, domestic abuse is defined as an assault against any of the following:
- 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, but does not include fraternization between two (2) individuals in a business or social context;
- 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 with whom you have a relationship described in points 1-5
Local Resources & Support Networks for Domestic Violence Victims in Clarksville
Clarksville offers several resources for individuals affected by domestic violence, providing vital support and advocacy to victims. One of the key organizations is the Clarksville Area Family Advocacy Office, which provides guidance and support to families dealing with domestic conflicts. They emphasize creating a safe environment for victims to speak out and receive the necessary assistance. Additionally, the YWCA Nashville & Middle Tennessee serves the Clarksville area and offers comprehensive resources including crisis intervention, counseling, safe housing, and legal advocacy.
Community legal clinics also provide assistance to those needing legal aid but lacking the financial resources to afford it. These organizations often work in conjunction with local law enforcement and shelters to offer a coordinated response to victims, ensuring they receive holistic care and protection. It's crucial for victims to know that support is easily accessible and designed to protect their well-being while seeking legal redress.
FAQ: Domestic Violence Laws & Legal Processes in Clarksville
What Should I Do If I Am Arrested for Domestic Violence in Clarksville?
If you are arrested for domestic violence in Clarksville, the first step is to remain calm and cooperate with law enforcement while asserting your right to remain silent. It’s important not to incriminate yourself by speaking about the incident without legal representation. Contacting an attorney as soon as possible can provide guidance on the next steps and inform you of your rights and obligations during this challenging situation.
Following your release, it’s crucial to comply with your conditions of release and avoid any contact with the alleged victim, as violating these terms can result in additional legal penalties. Begin gathering any evidence that might support your defense, such as text messages, emails, or any witnesses who can provide testimony on your behalf. An attorney from Patton & Pittman Attorneys can assist in navigating these steps, ensuring your rights are protected throughout the legal journey.
How Can a Domestic Violence Conviction Affect My Future?
A domestic violence conviction can have far-reaching impacts on various aspects of your life. In Tennessee, such a conviction can result in imprisonment, fines, and compulsory participation in intervention programs. Beyond legal penalties, the conviction can tarnish your personal and professional reputation, affecting your employment prospects and personal relationships. In some cases, you may lose professional licenses or be restricted from accessing certain employment opportunities, especially in fields such as law enforcement or education.
Furthermore, individuals with a domestic violence conviction often face challenges in maintaining custodial rights to their children and can lose the right to own firearms, impacting personal security and hobbies such as hunting. These consequences underscore the importance of a robust legal defense to mitigate potential outcomes. The experienced team at Patton & Pittman Attorneys works tirelessly to safeguard your future against such ramifications.
What Local Laws in Clarksville Apply to Domestic Violence?
In Clarksville, domestic violence is governed by Tennessee state laws. Key legal statutes include the requirement for mandatory arrest, meaning that law enforcement officers must arrest an alleged perpetrator if there is probable cause to believe that domestic violence has occurred. This is intended to provide immediate protection for victims and prevent possible harm. Additionally, Tennessee law stipulates conditions of release, such as no-contact orders and firearms restrictions, to enhance victim safety and accountability for the accused.
Domestic assault can be charged as a misdemeanor or a felony, depending on the severity and circumstances of the incident. Repeat offenses and the presence of weapons or serious injury can elevate charges to a felony level, resulting in harsher consequences. Navigating these local laws requires a detailed understanding of legal proceedings, making professional legal guidance indispensable.
Can I Get a Domestic Violence Charge Expunged?
Expungement of a domestic violence charge in Tennessee is not typically possible if the charge resulted in a conviction, as this is a violent offense. However, if the charges were dismissed or a not-guilty verdict was reached, you might be eligible to have the record expunged, effectively sealing it from public access. This can significantly improve future prospects by clearing any record that might otherwise hinder employment or housing opportunities.
Engaging with a knowledgeable attorney is crucial to evaluate the specifics of your situation and determine the viability of expungement. They can assist in compiling requisite documentation and navigating the legal bureaucracy involved in the expungement process. Patton & Pittman Attorneys's attorneys are equipped to provide guidance on expungement possibilities and assist in achieving the most favorable outcome.
What Support Services Are Available for Domestic Violence Victims in Clarksville?
Clarksville provides several support services for domestic violence victims through local nonprofits and governmental organizations. Victims can access emergency shelter services, crisis hotlines, counseling, and legal advocacy through organizations such as the Legal Aid Society of Middle Tennessee and the Cumberlands. These resources aim to offer immediate safety, with long-term support to facilitate recovery and stability for victims and their families.
Additionally, the Clarksville Police Department works closely with community partners to ensure victims are aware of the resources available to them throughout their recovery journey. Educational workshops and community programs focus on raising awareness about domestic violence and fostering environments where victims feel empowered to seek help. This network of support underscores the community's commitment to combating domestic violence and promoting health and safety for all residents.
