Memphis Domestic Violence Attorney

Experienced Domestic Violence Attorneys Defending Shelby County, TN

Domestic violence charges should not be taken lightly. Even the least severe charges can have a significant impact on a person’s life. If you have been accused of domestic violence, now is the time to seek aggressive legal representation.

Our Memphis domestic violence attorney, Tim Francavilla, has 25 years of experience creating successful defense strategies to get our clients’ charges dropped or reduced. No matter the specific charges you are facing, Attorney Tim Francavilla can help you pursue a favorable outcome. Read our reviews! 

Don’t overlook the seriousness of your charges. Call (901) 979-9992 or send us a message online to obtain qualified legal counsel immediately with our experienced Memphis domestic violence attorney.

What Constitutes Domestic Violence in Tennessee?

Domestic violence includes any behavior that harms, humiliates, manipulates, or injures a family or household member. Understanding what constitutes domestic violence is essential for both victims and accused individuals to navigate legal proceedings effectively.

The offense can take many different forms and can be of a:

• Physical
• Sexual
• Economical
• Or psychological nature

When a person intentionally, knowingly, or recklessly causes bodily injury to an individual in their family or household, causes them to reasonably fear imminent bodily injury, or touches them in a manner that they find extremely provocative or offensive, it can result in domestic assault charges.

Understanding these forms is crucial as they intersect with legal definitions and capture the full scope of potential charges. Knowing the boundaries and nuances of what constitutes domestic violence helps individuals recognize when they or their loved ones may be at risk or wrongly accused.

In Tennessee, a family or household member includes:

• A current or former spouse of the offender
• A person with whom the offender previously resided
• An individual who is dating or has previously dated the offender
• A person who is related to the offender by blood or adoption
• An individual who is or was related to the offender by marriage
• An adult or minor child of either the offender or a person who has one of the above relationships with the offender

It’s important to note that Tennessee law is particularly comprehensive in defining who can be considered a family or household member, which broadens the scenarios in which domestic violence charges might apply.

Legal Nuances: Domestic Violence Laws in Memphis

Memphis, among other jurisdictions in Tennessee, follows stringent laws regarding domestic violence. Tennessee law mandates that domestic violence charges incorporate any physical force, intimidation, or threats made against a family or household member. With Memphis being a major urban center, these statutes ensure that authorities can act swiftly to protect victims while balancing the legal rights of the accused.

One key aspect of Memphis' domestic violence statutes is the mandatory arrest policy. If law enforcement officers have probable cause to believe that domestic violence has occurred, they must arrest the primary aggressor. This policy ensures immediate safety for victims but underscores the importance of legal representation for the accused due to the swift legal action that follows. Moreover, a culturally diverse city like Memphis often sees complex domestic situations requiring nuanced legal responses that respect both cultural contexts and individual rights.

Community Resources & Domestic Violence Support in Memphis

In Memphis, support for domestic violence victims extends beyond legal avenues. Community organizations such as the YWCA of Greater Memphis provide shelter, counseling, and support services for those affected by domestic violence. These organizations work closely with law enforcement and legal entities to ensure victims have access to comprehensive care and resources.

Additionally, the Family Safety Center of Memphis and Shelby County plays an integral role in assisting victims. By offering a centralized location for domestic abuse victims to receive help, they aim to reduce the trauma experienced during these difficult times by coordinating between different support agencies. These local resources are invaluable, providing the supplemental community backing that is essential for recovery and empowerment, paralleling the legal protections and advocacy provided by attorneys.

What Are the Penalties for Domestic Assault Charges in Memphis?

The penalties for domestic assault in Tennessee are the same as those for general assault crimes. Domestic assault offenders will face the additional consequences of losing the right to carry a firearm and being required to pay a fine that funds the family violence shelter programs.

The punishments you can expect to face if convicted for domestic assault include:

Fines & Jail Time

When charged as a Class A or Class B misdemeanor, domestic assault is punishable by up to 11 months and 29 days in jail and a maximum fine of $2,500.

If the domestic assault offense is considered to be “aggravated,” the offender can be charged with a Class C or Class D felony, carrying fines of up to $10,000 and a prison sentence of up to 2 to 15 years.

These financial and personal penalties underscore the importance of engaging a skilled domestic violence lawyer in Memphis to navigate the complexities of each charge and its potential impact on your life.

Victim Restitution

A conviction for domestic assault may also result in the offender paying restitution to the victim for any expenses they have incurred as a result of the crime.

This could include the cost of:

• Medical treatment
• Counseling
• Or repair of damaged property

Restitution ensures victims receive the support necessary to recover from the incident, both physically and emotionally, which can be a critical aspect of the healing process.

A Criminal Record

A domestic assault conviction will become part of your permanent criminal record. This means that if you are convicted later of another criminal offense, you may suffer even harsher consequences than the first time. You may have certain professional licenses revoked. In addition, you may have difficulty in applying for housing or finding a job.

This long-term impact represents a significant barrier to leading a normal life post-conviction and highlights the need for a robust defense to avoid these consequences.

Potential Defenses for Domestic Violence in Tennessee

Domestic violence charges in Tennessee carry serious legal and personal consequences, including jail time, fines, and potential damage to one’s reputation and relationships. However, individuals accused of domestic violence have several possible defenses depending on the circumstances of the case.

• Self-Defense - One of the most common defenses is self-defense. It may be possible for the accused to justify their actions if they can show that they were protecting themselves from imminent harm. In Tennessee, self-defense is valid if the force used was proportionate to the threat faced.
• Defense of Others - Similar to self-defense, this defense applies if the accused acted to protect someone else, such as a child or another family member, from harm. The actions must be reasonable under the circumstances.
• False Accusations - Unfortunately, false allegations are sometimes made out of anger, jealousy, or as a tactic in custody or divorce disputes. In these cases, the defense may focus on inconsistencies in the accuser’s story or a lack of corroborating evidence.
• Lack of Evidence - The prosecution must prove the charge beyond a reasonable doubt. A skilled domestic violence attorney can challenge the sufficiency of evidence, such as witness statements or physical evidence, to weaken the prosecution’s case.
• Accidental Injury - Sometimes, the accused may claim that the injured victim was not intentionally harmed and that their injuries were unintentional.
• Consent - Although rare, this defense may apply in cases involving consensual activities that were later misconstrued as domestic violence.

Each defense must be tailored to the specific facts and evidence of the charge, reflecting the vast landscape of legal defenses that apply uniquely to each situation. It is imperative to consult an experienced Memphis domestic violence lawyer who can evaluate the charge, develop a tailored strategy, and advocate for the best possible outcome. Every charge is unique, and a strong defense begins with a thorough understanding of the facts and evidence.

FAQs: Understanding Domestic Violence Cases in Memphis

What If I Am Falsely Accused of Domestic Violence?

If you believe you have been falsely accused, it's essential to gather as much evidence as possible to support your innocence. This can include text messages, emails, witness statements, or any form of communication that contradicts the accusations. Hiring a domestic violence lawyer in Memphis who understands the intricacies of Tennessee law will be vital. They can help you navigate the complexities of the legal system, ensuring that your rights are protected throughout the process. False accusations are serious, and having legal representation will provide you with the most effective defense available.

How Does Memphis Handle Repeat Offenders in Domestic Violence Charges?

Repeat offenders face increasingly severe consequences in Memphis. The judicial system takes subsequent offenses seriously, often resulting in heightened penalties, including longer jail sentences and increased fines. The courts may also impose additional restrictions, such as mandatory counseling or rehabilitation programs. For those facing repeat charges, seeking legal counsel with experience in handling complex domestic violence situations is crucial. A Memphis domestic violence attorney can provide guidance in addressing not only the legal ramifications but also any underlying issues that may contribute to recurring accusations.

Can I Get a Domestic Violence Charge Expunged in Tennessee?

In Tennessee, individuals who have been charged but not convicted of domestic violence may be eligible for expungement under certain circumstances. Expungement can clear the charge from your public criminal record, removing barriers to employment, housing, and more. However, eligibility criteria are strict and typically require legal assistance to navigate successfully. Consulting with a Memphis domestic violence lawyer experienced in Tennessee's expungement laws is recommended to ensure you meet the necessary requirements and to facilitate an effective application process.

What Are the First Steps to Take If I Am Charged with Domestic Violence?

If charged with domestic violence, prioritize contacting an experienced Memphis domestic violence attorney immediately. Avoid contacting the alleged victim or witnesses to prevent potential complications. Collect and preserve any evidence pertinent to your defense, including communications and witness information. It’s also beneficial to adhere strictly to any court orders, such as restraining orders, to ensure compliance with legal requirements. With legal counsel, you will be able to better understand the charges and build a defense strategy tailored to your specific circumstances.

How Can a Domestic Violence Attorney Help Protect My Rights?

A domestic violence attorney plays a crucial role in safeguarding your legal rights. They provide comprehensive legal guidance, ensuring that all proceedings are fair and in accordance with Tennessee law. By analyzing the details of your situation, an attorney can develop a strategic defense, challenge evidence, and negotiate effectively on your behalf. Their presence can also offer a buffer between you and the court, mitigating any potential biases that could affect the outcome of your case. This legal support is essential for a strong defense and to navigate the intricacies of the legal system effectively.

Contact Our Memphis Domestic Violence Lawyer

If you are facing charges for domestic violence, it is in your best interest to contact a skilled criminal defense attorney as soon as possible. At Francavilla Law Firm, we are ready to listen carefully to your side of the story and help you fight to protect your rights and freedom.

Call (901) 979-9992 or contact us online to schedule a free consultation with an experienced domestic assault lawyer.

Our team is dedicated to providing personal, strategic legal guidance that reflects your unique circumstances. From initial consultation to resolution, our commitment is to defend your rights with the professionalism and care you deserve. Taking swift action can greatly improve your chances of achieving a positive outcome.