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Heiskell Domestic Violence Lawyer
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Heiskell Domestic Violence

Out of all the family legal troubles that remain taboo for many, domestic violence rates are high on the list. Having family problems is never a good thing as it is a sign that your family is not doing well and can be a subject of gossip amongst your community. If the problem is severe, like domestic violence, victims will be more reluctant to speak up because they are embarrassed that it is happening in their household.

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If your family’s problem is indeed domestic violence, it is not a matter that you should take lightly, given its impact on the entire family. As a result of domestic violence, even the most devoted family members can begin to lose sight of what a family is. If the abuser continues their behavior, they may lose sight of the bond they share with the rest of the family, which will have life-changing consequences for everyone.

Fortunately, you can combat domestic violence by using the law to stop it, and John T. Sholly, Attorney and Counselor at Law can get you started. Our Heiskell, domestic violence attorneys can assist clients – defendants and petitioners – with their domestic violence cases and provide them with the right legal services. We will be your staunchest supporters and defenders in court because, without legal support, it can be challenging to fight the case and further increase its impact on the rest of the family.

Our esteemed attorney values client convenience and offers personalized consultations at the location of your choice, including your home or preferred meeting place.

Call John T. Sholly, Attorney and Counselor at Law at (865) 276-7228 for your consultation with a Heiskell Domestic Violence Attorney.

Definition of Domestic Violence

In Tennessee, domestic violence is referred to as domestic assault, an act where one intentionally, recklessly, or knowingly causes bodily injury to another person who is their family or household member. In these cases, former spouses and partners can also be considered family or household members. It will be considered an aggravated domestic assault if done intentionally or recklessly.

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An additional distinction is given to domestic assault cases to determine their crime classification and penalties. If the accused caused or threatened physical injury, it is considered a Class A misdemeanor, the most severe level of misdemeanor cases. If the domestic assault is offensive or provocative, it is classified as a Class B misdemeanor. The issue becomes a Class C felony if it is an aggravated domestic assault that was intentionally done. If it is reckless aggravated domestic assault, it is a Class D felony.

Let our Heiskell domestic violence attorney help you determine if your current situation is domestic assault and if other crimes must be included in the charges for further consideration. In turn, we can also help you build a legal defense if you are accused of committing domestic assault or aggravated domestic assault.

Legal Protection from Violence

It is not undeniable that the experience of domestic violence can be traumatic to its victims, and there is an understandable fear in them, causing them to think they are still in danger. This fear is why many victims are reluctant to report their cases to the authorities.

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Fortunately, there are legal protections available for them, with Tennessee providing protection orders to victims of domestic assault, sexual assault, and stalking. Protection orders are similar to restraining orders that prevent a person, usually the accused, from approaching or attacking the victims and others covered by the protection order during or after the trial.

Two types of protection orders can be requested from the court:

  • Temporary protection order – The court immediately issues this if they see immediate danger from the abuser while the case is being heard. Usually, it can last from 15 days or throughout the hearing so the victims are protected until the issue is completed or can request an extended protection order.
  • Extended protection order – This is only given by the court after a full hearing where both parties can argue their side and the court has determined the result of the case. Extended protection orders usually last a year or more if the court sees the need to provide additional protection from the abuser or if the abuser has a record of committing other felony crimes.

If you need to apply for one of these legal protections, please inform our Heiskell domestic violence attorney immediately. As we look into your case, we can sort out the documents needed so the court can consider your request for a protection order. If necessary, we can negotiate for an extended protection order if you believe that there is a persistent threat from your abusers.

Penalties for Domestic Violence

Penalties for domestic assault and aggravated domestic assault depends on the classification of the crimes committed.

If it is a Class A misdemeanor, it will come with a prison sentence of up to 1 year and fines of up to $15,000. Meanwhile, if it is a Class B misdemeanor, it will come with a six-month jail sentence. For aggravated domestic violence, a Class C felony can come with 3 to 15 years imprisonment and a fine of $10,000. If it is a Class D felony, the prison time can be 2 to 12 years, and the penalties can be up to $5,000. Depending on the severity of the case, the judge can add further fines.

If the defendant is a repeat offender, not only will they face the maximum penalties that can be imposed for their case, but they will also face mandatory sentences. The court may also order restitution, which will be given to the victim so they can pay the expenses caused by the crime.

If the victim requests an order of protection or other protection programs, the defendant will face a Class A misdemeanor if they violate it. The defendant will also be restricted from owning firearms, and if they are permitted to post for bail, they may be required to wear a GPS device so the court knows where they are at any given time.

John T. Sholly, Attorney and Counselor at Law can help you determine the penalties for your domestic violence case. We will then see if we can create a legal defense to fight against the sentence or lessen it if possible. Our team will also explain why these penalties are included in the case so you better understand how the case can proceed.

Talk To A Legal Professional Today

Heiskell Domestic Violence knoxvilledivorceattorney logo blueIt is not a laughing matter to see or experience domestic violence because the longer it persists, the more you and your loved ones risk further abuse. It will even push the abusers further into committing more abuse, believing it is their right. Contact our legal team immediately when it happens to you or your loved ones.

Our Heiskell, Tennessee family law firm can help you escape your abusers and immediately get the case heard in court so your abusers face justice for their actions. You can also trust our team to help you pick up your life once more by providing you with legal support and making sure you and your loved ones are safe from further abuse. We are always ready to help you and get the case rolling.

Keeping client ease as a priority, our attorney happily accommodates location preferences for consultations, offering the option to meet at your home or any other convenient setting.

Call John T. Sholly, Attorney and Counselor at Law at (865) 276-7228 for your consultation with a Heiskell Domestic Violence Attorney.