Franklin Domestic Violence Lawyer
Effective and Compassionate Defense to Protect Your Rights
Attorney Michal Durakiewicz has significant experience defending clients against harsh criminal charges in Tennessee. He takes a compassionate approach to communicating with his clients, seeking to treat them with the respect and attention they deserve to build their case. For effective and professional representation in the face of domestic violence charges, such as domestic assault or violation of a protection order, let Durak Law Firm help you.
What Is Considered Domestic Violence?
In Tennessee, domestic violence is when oner person commits an act of assault against another who is a family or household member, such as:
- a current or former spouse;
- person with whom the offender resides or previously resided;
- person who the offender is dating or previously dated;
- someone with whom the offender has or previously had a sexual relationship;
- someone with whom the offender is related by blood or adoption;
- a person with whom the offender is or was related by marriage; and
- an adult or minor child of the offender or a family or household member.
Recall that assault occurs when a person intentionally or knowingly causes bodily injury to another person, if they cause such a person to reasonable fear imminent bodily injury, or if the physical contact would be perceived by a reasonable person as extremely offensive or provocative.
Depending on the circumstances of the offense, a domestic violence offense can be charged as either a Class A or Class B misdemeanor punishable by:
- Class A misdemeanor – up to 11 months and 29 days in jail and/or a maximum fine of $2,500
- Class B misdemeanor – up to 6 months in jail and a $500 fine.
Be aware that penalties may enhance for multiple convictions:
- 2nd conviction – $350-$3,500 in fines and 30 days to 11 months and 29 days in jail
- 3rd or subsequent conviction – $1,100 to $5,000 in fines and 90 days to 11 months and 29 days in jail
Any individual convicted of domestic assault in Tennessee may also be required to pay restitution, which is payment reimbursing the alleged victim for any expenses resulting from the offense, such as the cost of medical treatment or counseling or the repair or replacement of damaged property.
Violation of Protection Orders
Note that alleged victims of domestic violence may petition for protection orders prohibiting certain behavior on the defendant’s part. For example, a protection order can:
- forbid the offender from directly or indirectly calling, contacting, or otherwise communicating with the alleged victim;
- forbid the defendant from stalking the alleged victim;
- grant the petitioner custody of their shared children;
- grant the petitioner sole possession of the shared residence (forcing the offender to move out and allowing the petitioner to remain in the home) or require the offender to provide a substitute dwelling for the petitioner;
- require the offender to pay for court costs;
- order the defendant to attend counseling sessions that address substance abuse problems or violent behavior;
- prohibit the defendant from possessing, owning, or buying firearms;
- award the requestor custody, care, and control of a shared pet.
The consequences for violating the terms of a protection order will depend on the severity of the situation and the order. Generally, violating an order of protection is a misdemeanor, and law enforcement is authorized to immediately arrest anyone in violation of an order. The offender could also face sentencing for civil and criminal contempt, a 5- to 10-year extension of the protection order, and further associated penalties for aggravated assault. An experienced attorney can better help determine the specific consequences of violating a protection order and how to navigate these charges.
Contact Durak Law Firm for Legal Help Today
If you are facing criminal accusations for domestic violence, such as for domestic assault or violating a protection order, consult an experienced domestic assault lawyer immediately. In the face of such charges in Tennessee, your rights may be at serious risk – including your right to possess firearms and your right to a future. Durak Law Firm can take on your case and strategize an effective against your charges, especially when you are dealing with unfair or harsh accusations.