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.
How Prior Convictions Can Affect a New Criminal Charge in Tennessee
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
The Immediate Impact of Domestic Violence Charges
When someone is accused of domestic violence in Nashville, the consequences can begin immediately, often before any formal charges have been filed. It is important to understand the timeline and the immediate impact of these accusations for anyone facing this situation.
Upon arrest, you may be detained for up to 12 hours prior to a bond hearing. During this time, law enforcement may also seek an emergency protective order on behalf of the alleged victim. These orders can be issued without your knowledge or consent, and they often require you to leave your home, avoid contact with the alleged victim and stay away from shared spaces. For parents, this may mean immediate separation from their children.
This means that if police officers respond to a call about a domestic dispute and find evidence that domestic violence has taken place, they must arrest one of the people involved – even if the person who was allegedly injured does not want to pursue charges. This policy is meant to protect victims, but it can also lead to arrests based on misinterpretations or false accusations.
Understanding the Role of the District Attorney
In cases of domestic violence, it is important to understand that the alleged victim does not file charges. Instead, the District Attorney’s office does so. Even if the victim wishes to withdraw the charges or does not want to cooperate with the prosecution, the district attorney can still continue with the case. Prosecutors often use a variety of evidence, including 911 calls, police body camera footage, photographs of injuries, text messages and witness statements to build a case against the suspect.
This prosecutorial approach reflects Tennessee’s commitment to addressing domestic violence. However, it also means that reconciliation between the parties does not automatically resolve a criminal case. The state retains the authority to prosecute based on its assessment of the evidence and concern for public safety. That’s why it’s crucial to have experienced legal representation from the beginning – your attorney must build a defense independent of the wishes or cooperation of the alleged victim.
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.
Professional Licensing and Career Implications
For professionals holding state licenses, including teachers, nurses, doctors, lawyers, real estate agents, and commercial drivers, a conviction for domestic violence may trigger disciplinary action by licensing boards. Many professions require disclosure of criminal records, and charges of domestic violence are taken particularly seriously because of concerns about a person’s character and moral fitness for the job.
Even if your license is not revoked, you may still face consequences such as suspension, probation, mandatory counseling, or other conditions that could impact your ability to work. For those in the military or seeking to join, a domestic violence conviction can result in dismissal or disqualification from enlisting. Federal employees and contractors could lose their security clearance, effectively ending their careers in sensitive positions.
The ripple effects of a criminal conviction extend to employment opportunities as well. Employers often conduct background checks, and a conviction for a violent or immoral crime can disqualify an applicant from consideration for a position. This is especially true for positions that involve working with vulnerable populations, handling financial responsibilities, or holding positions of trust. Even when there are no formal barriers, the stigma associated with a criminal record can make it significantly more difficult to find a job.
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.
Contact Erik Herbert today for a confidential consultation.
Common Domestic Violence FAQs
Not automatically. While the victim’s wishes are considered, the prosecution—not the private individual—files the charges. The state may proceed based on police reports and other evidence. An attorney can negotiate with the prosecutor, but dismissal is never guaranteed.
An Order of Protection (“restraining order”) is a civil court order often issued immediately after an arrest. It can legally bar you from contacting the alleged victim, returning to your home, or seeing your children, even before any conviction. Violating it is a separate crime, so understanding its exact terms is critical.
While possible, jail time is not automatic for a first-time misdemeanor. Penalties can include probation, fines, and counseling. However, Nashville’s “mandatory arrest” policy and aggressive prosecution mean you need a strong defense to avoid the most severe consequences, including incarceration.
Tennessee law specifically excludes domestic violence assault convictions from expungement. This means a conviction will remain on your public criminal record permanently, affecting employment, housing, and gun rights for life, which underscores the importance of fighting the charges from the start.
Yes. A misdemeanor domestic violence conviction triggers a federal lifetime ban on possessing firearms. This applies even if the sentence didn’t include jail time. For many, this is one of the most severe long-term consequences of a conviction.
Strong defenses often include demonstrating false allegations (common in contentious divorces/custody battles), proving self-defense, challenging the lack of physical evidence or inconsistent witness statements, and arguing that any contact was accidental. An attorney will scrutinize the evidence and police procedure to build your defense.
Related Articles
-
What Are the Penalties for Violent Crime Convictions in Tennessee?
If you’re facing a violent crime charge, the weight of the unknown can be heavy. Most people are worried about the consequences. They might be asking themselves, “What are the penalties for violent crime convictions in Tennessee?” The reality is that penalties vary based on the exact offense, your criminal history, and the facts of…
-
What Happens After a First-Time Theft Arrest?
If you’ve never been in trouble before, getting arrested can bring up a wave of concerns and thoughts. You may be worried about your job, your family, and whether this will follow you forever. The fear of the unknown is often the hardest part. What happens after a first-time theft arrest? Yes, this charge is…
-
False Domestic Violence Accusations: What Are Your Legal Options?
When you are accused of domestic violence, that can have immediate consequences. Even with a false allegation, you could face arrest, removal from your home, and loss of access to your children. Plus, there is damage to your reputation and a permanent mark on your record if the case is not handled correctly. Unfortunately, the…
