Nashville Domestic Violence Lawyer | Defending Against Allegations
Domestic violence charges are among the most stressful and life-altering accusations a person can face. These cases often involve complicated family dynamics, high emotions, and life-changing consequences. Even before a conviction, an accusation alone can damage your reputation, lead to restraining orders, and impact custody arrangements.If you’ve been charged with domestic violence in Nashville or Davidson County, it’s critical to have a strong defense. Attorney Erik Herbert is a criminal defense lawyer who understands the stakes and defends clients with a balance of compassion and aggressive courtroom strategy.
Understanding Domestic Violence Laws in Tennessee
How Domestic Violence is Defined
In Tennessee, “domestic violence” isn’t a single charge but a category of crimes involving violence or threats between people with certain relationships. Under Tennessee Code Annotated § 39-13-111, domestic assault includes:
- Current or former spouses
- People living together or who have lived together
- Individuals who are dating or have dated
- Family members, including parents and children
- People who share a child
Common Domestic Violence-Related Charges
- Domestic Assault: Physical injury, offensive contact, or threats of harm.
- Aggravated Assault: Use of a weapon or causing serious injury.
- Harassment or Stalking: Repeated unwanted contact that causes fear.
Violation of an Order of Protection: Disregarding a restraining order.
Penalties for Domestic Violence in Tennessee
Misdemeanor Domestic Assault
- Up to 11 months and 29 days in jail
- Fines up to $2,500
- Loss of firearm ownership rights under federal law
Felony Domestic Assault
- 1 to 15 years in prison depending on the severity
- Higher fines (up to $10,000)
- Long-term protective orders
Additional Consequences
- Permanent criminal record (domestic assault convictions are not eligible for expungement)
- Loss of child custody or visitation rights
- Job loss or difficulty finding employment
Immigration consequences for non-citizens
Collateral Consequences of a Domestic Violence Conviction
Even aside from jail or fines, domestic violence charges can permanently change your life:
- Housing: Many landlords refuse tenants with violent crime convictions.
- Gun Rights: Federal law prohibits firearm possession after a domestic violence conviction.
- Reputation: Being labeled as an “abuser” carries long-term social consequences.
Divorce/Custody: Courts may restrict custody or parenting time if one parent has a domestic violence history.
Defense Strategies for Domestic Violence Cases
Every case is unique. Erik Herbert carefully reviews the circumstances, police reports, and witness statements to build a strong defense.
Common Defense Approaches
- False Allegations: Domestic violence claims are sometimes made out of anger, jealousy, or during contentious divorces or custody battles.
- Self-Defense: If you acted to protect yourself or others, that may be a valid defense.
- Lack of Evidence: Cases often come down to one person’s word against another’s. Weak or inconsistent testimony can be challenged.
- Accidental Injury: Not all physical harm is intentional; accidents are often misinterpreted as assault.
Constitutional Violations: Unlawful searches, improper arrests, or denial of rights may lead to evidence being suppressed.
Orders of Protection in Nashville
A domestic violence allegation often leads to a request for an Order of Protection (commonly called a restraining order).
How Orders of Protection Work
- Issued by Davidson County courts, often quickly after an arrest.
- Can prohibit you from contacting the alleged victim, entering your own home, or seeing your children.
- Violation of an order can result in additional criminal charges.
Fighting a Restraining Order
Erik Herbert represents clients at Order of Protection hearings, challenging the necessity of the order and defending against permanent restrictions.
Nashville Domestic Violence Court Process
Step 1: Arrest
Police in Nashville take a “mandatory arrest” approach—if they suspect domestic violence, someone is likely going to jail.
Step 2: Bond and Release
Bail is often set, and conditions may include no contact with the alleged victim.
Step 3: Arraignment
At Davidson County General Sessions Court, formal charges are presented.
Step 4: Pre-Trial Motions and Discovery
Your attorney can request evidence, including 911 calls, witness statements, and police bodycam footage.
Step 5: Trial or Negotiation
Some cases resolve through dismissal or reduced charges; others go to trial. Erik prepares every case as if it will go to court, ensuring the strongest possible defense.
Why Hire Erik Herbert for a Domestic Violence Case?
- Local Knowledge: Familiar with Nashville prosecutors and judges handling domestic violence cases.
- Balanced Approach: Compassionate with clients, aggressive against the state’s case.
- Focus on the Future: Works to minimize long-term damage to your family, career, and reputation.
Clear Communication: Keeps clients informed at every stage.
FAQs About Domestic Violence in Tennessee
Q: Can a domestic violence charge be dropped if the victim doesn’t want to press charges?
A: Not necessarily. Once charges are filed, only the prosecutor—not the victim—can decide whether to dismiss.
Q: Will I lose my gun rights if convicted?
A: Yes. Federal law permanently bans firearm possession for anyone convicted of a domestic violence crime.
Q: Can a domestic violence conviction be expunged in Tennessee?
A: No. Domestic assault convictions cannot be removed from your record.
Q: What happens if I violate an order of protection?
A: Violations are separate crimes that can result in immediate arrest and additional penalties.
Q: I was arrested after a fight, but my partner hit me first. What can I do?
A: Self-defense may be a valid legal defense. An attorney can present evidence to show you were protecting yourself.
If you’ve been accused of domestic violence in Nashville or anywhere in Middle Tennessee, your future is on the line.
Contact Erik Herbert today for a confidential consultation.