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Domestic Violence in Tennessee Divorce Law

October is Domestic Violence Awareness Month

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.

Domestic Violence in TN: An Action Plan for Caring Professionals Whitepaper (1 Mb pdf)

DOMESTIC VIOLENCE STATISTICS:

National:

5.3 million women are abused each year. 1,232 women are killed each year by an intimate partner.
Acts of domestic violence occur every 15 seconds in the U.S.
About half of all couples experience at least one violent incident: in a fourth of these couples, violence is a common occurrence.
20% of all murders in this country are committed within the family and 13% are committed by spouses.
The health-related costs of rape, physical assault, stalking, and homicide by intimate partners exceed $5.8 billion each year.
Of this total, nearly $4.1 billion is for victims requiring direct medical and mental health care services.
85-95% of all domestic violence victims are female.

Sources: American Institute on Domestic Violence and Charter Lakeside Behavioral Health System.

Women:

85-95% of all domestic violence victims are female.
5.3 million women are abused each year.
1,232 women are killed each year by an intimate partner.
Women are more likely to be attacked by someone they know rather than by a stranger.
Around the world, at least one in every three women has been beaten, coerced into sex or otherwise abused during her lifetime.
Thirty percent of Americans say they know a woman who has been physically abused by her husband or boyfriend in the past year.
Three in four women (76 percent) who reported they had been raped and/or physically assaulted since age 18 said that a current or former husband, cohabiting partner, or date committed the assault.
In 2002, 76% of IPV homicide victims were female; 24% were male (Fox and Zawitz 2004).
Previous literature suggests that women who have separated from their abusive partners often remain at risk of violence (Campbell et al. 2003; Fleury, Sullivan and Bybee 2000).
Between 4% and 8% of pregnant women are abused at least once during the pregnancy (Gazmararian et al. 2000).

Children:

More than half of the children whose mothers are abused are also likely to be victims of physical abuse. Older children are often injured while trying to protect their mothers.
Whether or not the children are abused physically, they suffer emotional trauma and psychological scars from watching their fathers beat their mothers.
In homes where domestic violence occurs, fear, instability, and confusion replace the love, comfort, and nurturing that children need. These children live in constant fear of physical harm from the person who is supposed to care for and protect them. They may feel guilt at loving the abuser or blame themselves for causing the violence.
Children form these homes may experience stress-related physical ailments, as well as hearing and speech problems.
Children from violent homes have higher risks of alcohol/drug abuse and juvenile delinquency.

Source: Charter Lakeside Behavioral Health System

Tennessee:

In 2001, the Tennessee Bureau of Investigation reported that 63,802 domestic violence incidents- including murder, assaults, and sexual offenses- occurred throughout the state of Tennessee (Crime in Tennessee 2001).

According to the Office of Criminal Justice Program's collection of statistics from domestic violence programs, during 2003-2004, domestic violence organizations:

Served 39,131 new clients
Received 44,738 crisis calls and 53,712 calls requesting information and referrals
Were supported by 100,214 volunteer hours

Source: TBI

Memphis and Shelby County:

Domestic violence is a high incidence crime in Memphis and Shelby County. The Memphis Police Department (MPD) and the Shelby County Sheriff’s Office (SCSO) recorded 12,531 domestic violence offenses 2001. For the year 2002, the MPD and the SCSO recorded 6,902 domestic violence offenses. In 2001, the MPD and the SCSO reported 12 domestic violence related homicides; those agencies reported 9 such homicides in 2002. Twenty-three people were killed in domestic violence related crimes in Memphis in 2003. The MPD and the SCSO reported 176 domestic violence sex offenses in 2001, and 179 such offenses in 2002.

Researchers coordinated through the University of Tennessee Health Science Center (UTHSC) conducted a random-digit dialed phone survey of 2500 women in Memphis and Shelby County in 2003. They found that:

Over 14% of the women in current romantic relationships reported some physical abuse by their current partner
Almost 16% of the women reported that a past romantic partner had threatened to kill them
Over 9% of the women reported sexual abuse by a past romantic partner
Over 70% of the women surveyed did not report the domestic violence to law enforcement
87% of the women did not seek an order of protection
93% of the women did not use legal aid or legal services, and for those women who did tell someone about the domestic violence, almost 50% of the women waited more than one month to disclose.

“Over 70% of domestic violence cases in Memphis and Shelby County involve a female victim and a male perpetrator. Eighty-six percent of domestic violence victims in Memphis and Shelby County report prior violence perpetrated by the defendant, and 77% of these victims have never received counseling or supportive services. One reason that initial incidents of domestic violence are not reported, and that victims do not seek supportive services, could be that reported cases of domestic violence in Memphis and Shelby County appear to be more prevalent in high poverty areas.”

Source: Memphis Shelby Crime Commission

Memphis Area Domestic Violence-Related Charities

Sophia’s House
Associated Catholic Charities
www.accinwesttn.org
(901) 728-4229, Angela at Sophia’s House
(901) 722-4700, Associated Catholic Charities

A local charity whose goals include:

Providing emergency, long-term housing for victims and their children
Rehabilitating victims to prevent future abusive relationships
Counseling victims who also have drug or alcohol-related issues

YWCA of Memphis
www.ymcamemphis.org
(901) 323-2211
(901) 725-4277 Crisis Hotline

A local arm of the national YWCA whose goals include:

Empowering women and eliminating racism through Christian values
Providing services to thousands of local domestic violence victims (women, children) including counseling, food, court advocacy, and shelter

Vday
www.vday.org
(212) 645-8329
(510) 841-4025

A national and global grass-roots effort whose goals include:

Educating the public to stop violence against women and girls
Raising awareness of and money for domestic violence programs already in place with new and/or refurbished events
Teaching through testimonials and other media by Eve Ensler from her global interviews with victims from different cultures

The Exchange Club Family Center
www.exchangeclub.net
(901) 726-2200 24-hour hotline

A local organization whose goals include:

Educating the public to end family violence
Monitoring protective family visitations for families in recovery or crisis

CAAP, Cocaine and Alcohol Awareness Program
www.caapincorporated.com
(901) 794-0915
(901) 272-2221 Domestic Violence Hotline

A local organization whose goals include:

Providing a variety of behavioral health services to a diverse client base
Providing a 24-hour crisis center and counseling services
Advocating victims’ rights

Memphis - 901.683.1850 Nashville - 615.369.0640