What Charges Do I Face If I Have Been Arrested For Domestic Violence?
Depending upon the facts of the case, you could be charged with several different crimes. There are two misdemeanor forms of domestic violence crimes and also a felony charge for more serious allegations. The least severe is the B misdemeanor domestic violence charge, which is an offensive touching. The A misdemeanor charge involves either bodily injury, or fear of imminent bodily injury. Felony aggravated assault or aggravated domestic assault charges are filed in cases involving severe injuries, strangulation, or the use of a weapon.
Domestic violence charges are very serious and have far reaching effects and consequences beyond just the criminal charge. An arrest or conviction for domestic violence may impact your employment. Some professional careers and employers will not hire or continue to employ people with Domestic Violence convictions. A conviction for domestic violence also prevents you from ever owning, purchasing, or legally possessing any firearm. This firearm prohibition is for life.
Is An Automatic Order Of Protection Always Put In Place When Domestic Violence Charges Are Filed?
Orders of protection are not always put in place. What is most common is a “stay away” by the judge and also by the bonding company. It is generally one of the bond conditions that a defendant stay away from the victim pending the outcome of the case. The victim can, however, file for an order of protection. The way an order of protection works is a person will file for an order of protection and immediately upon a finding of probable cause, the judge or magistrate will issue a temporary order of protection. Under that temporary order of protection, any contact will subject the person to a contempt charge and up to 10 days in jail. If after a hearing, the full order of protection is issued then any violation is an A misdemeanor.
Can I Interact With My Children If I Have An Order Of Protection Out Against Me?
If you have an order of protection against you, generally your children will not be covered under that order of protection, unless there has been a showing that you are a danger to the children. The protected parties’ names will be listed on both the temporary and full order of protection to remove any doubt as to protected parties.
What Are The Penalties For A Conviction In A Domestic Violence Related Case In Tennessee?
The least penalty is for the B misdemeanor domestic assault involving offensive touching. This domestic violence related charge is punishable by less than six months in jail and up to a $500 fine. The next more serious offense is an A misdemeanor domestic violence charge. The A misdemeanor is common for cases involving bodily injury or fear of imminent bodily injury. A misdemeanors carry up to 11 months and 29 days in jail and up to a $2,500 fine. Next severe, are the aggravated charges of either aggravated domestic assault or aggravated assault. Aggravated domestic assault is a D felony and aggravated assault is a C felony. A C felony carries the range of three to six years and a D felony carries two to four years. The range and manner of punishment increases greatly based upon a person’s number of qualifying criminal convictions.
The penalties escalate for each subsequent domestic violence conviction. A second conviction of domestic violence carries a minimum of 30 days in jail and up to months and 29 days and up to a $3,500 fine. A third offense is a mandatory 90 consecutive days and up to 11 months and 29 days. In cases involving the same victim, the punishment can even be increased even further.
For more information on Domestic Violence Related Charges In TN, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (615) 546-0048 today.
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