Domestic Violence in Tennessee Divorce Law

Family lawyers see domestic violence problems regularly, especially in Shelby County, Tennessee. Too regularly. This national problem knows no economic or racial boundaries. In the 1990's, Tennessee dramatically changed its laws, both civil and criminal, to provide more legal protection for the abused spouse. If you have either been a victim of domestic violence, fear reprisal for filing for divorce, or even are the aggressor, be sure to discuss this with your lawyer. In any event, there are important legal steps that can be taken to help.

One legal step is a Protective Order, by which the court orders the parties not to abuse, harass, or threaten each other. In more serious situations, in Shelby County, Tennessee, the restrictions can also prevent one or both parties from contacting or telephoning the other. A Protective Order is relatively inexpensive and is effective in most cases. In most situations when law enforcement officers are present and view a party violating the Protective Order, the violator will be arrested. If law enforcement is not present, a Petition for Contempt may be filed later seeking jail time, fines, and/or legal fees. Criminal and civil penalties for violating a protective order can be very serious.

The person subject to a state-court issued protective order must also understand and comply with federal law prohibiting carrying firearms. There are no exceptions, even for law enforcement personnel. Definitely check with a lawyer for more details.

If you are in the middle of a domestic violence altercation, even if you have been in similar situations before, call the police. If you are also represented by a lawyer, call him. The law dictates that law enforcement's preferred response is arrest. If you fear for your life and have nowhere to go, the police may direct you to an absolutely secret shelter. Even your lawyer is not allowed to know where you are. If you have children, they may go as well.

If you are the victim of abuse, never underestimate the true danger that rage poses. Fight any feelings you might have of responsibility for the abuser. In the middle of a difficult situation, worry about one thing only - saving your own life. Sort out the details later.

If you are the abuser, seek treatment. Situations such as this are common, and help is available. Once domestic violence is brought to the attention of a court, there is no doubt in any judge's mind that the domestic violence cycle of rage and terror will continue without some form of professional intervention. Without treatment, abusers risk jail time and losing parental rights.