Murfreesboro Orders of Protection Attorney
Defense Against Domestic Violence Charges
Being accused of domestic violence is a serious matter in Tennessee. Domestic assault is considered a violent crime and, because it occurs in a domestic situation, can result in severe consequences upon a conviction. Those consequences can be even harsher than for a non-domestic assault. Along with the potential for criminal penalties, such as jail time and fines, the mere accusation of a domestic offense can result in an order of protection filed against you that can dramatically impact your life. In such cases, while law enforcement and courts attempt to err on the side of caution to protected alleged victims, their judgment is not always correct or just.
If you are facing domestic violence charges and/or an order of protection filed against you, you need an aggressive defense attorney. At the Law Office of Michael Auffinger, you can work with an experienced Murfreesboro orders of protection lawyer who can ensure that your legal rights are enforced, that your side of the story is heard, and that you have the strongest possible defense. Attorney Auffinger will conduct a thorough investigation into the situation seeking flaws, inconsistencies, and other facts and evidence that can prove favorable to you.
Domestic Violence Laws in Tennessee
In Tennessee, domestic assault is committed against a family or household member.
These individuals can include:
- Current and former spouses
- Current and former dating partners
- Individuals residing in the same household
- Individuals related by blood or marriage
- Adoptive parents and children
- Children of a family or household member
Domestic assault is defined under Tennessee law as knowingly causing injury to the alleged victim, putting the alleged victim in fear of being injured, or making some kind of physical contact that the alleged victim would consider offensive or provocative. This type of assault becomes “aggravated” when the injury rises to the level of “serious bodily injury,” when a deadly weapon is used, when an attempt at strangulation occurs, or when assault is attempted or caused while the alleged defendant is under a court order, such as a protection order.
Depending on the circumstances, domestic assault is charged as either a Class A or Class B misdemeanor. A Class A misdemeanor is punishable by up to a year in jail and/or a fine of $2,500. A Class B misdemeanor is punishable by up to six months in a county jail and/or a fine of up to $500.
Aggravated assault is charged as either a Class C or Class D felony. A Class C felony carries three to 15 years in prison and fines of up to $10,000. A Class D felony carries two to 12 years in prison and a fine of up to $500. Additional penalties include the loss of your gun rights. You may also be ordered to complete a batterer’s program.
Orders of Protection
Orders of protection are commonly filed against alleged domestic violence offenders. These are restraining orders. They are issued to provide enhanced protection for domestic abuse victims. These orders carry strict punishments for any violations of their terms. Under Tennessee law, anyone who is a victim of stalking, sexual assault, domestic violence, or is in fear of harm can request the court to issue an order of protection.
These orders can severely impact your life when filed against you. They can have the following effects:
- Order you to vacate the shared residence
- Order you to stop causing harm or threats of harm to the alleged victim
- Prohibit you from making any contact with the alleged victim and his or her children
- Restrict your custody rights to your children
- Order you to pay child support
- Any other actions or orders the court deems appropriate
Once a petition for a protective order is filed with the court, it can grant an emergency order effective immediately. The court will set a hearing to be held within 15 days to further review the matter. At that hearing, both sides can present evidence as to why the order should be extended or terminated. The court can also deny the emergency order and set the hearing within a shorter amount of time. During the hearing, the alleged victim is responsible for proving the allegations listed in the petition.
Whether you are looking for an order of protection for yourself or you have had one filed against you, retaining representation as quickly as possible is essential. Once an order of protection is filed, it has serious effects on the lives of everyone involved. Having Attorney Auffinger on your side during the order of protection hearing can ensure your rights are protected. It can also give you the opportunity to tell your side of the story.
Talk to a Seasoned Domestic Violence Defense Attorney
Domestic violence allegations and all the penalties that can result from them demand immediate and fierce legal advocacy. These allegations are often based on exaggerations, misrepresentations and lies, especially in situations where the relationship has broken down, become contentious, and bitter. Let a proven criminal defense lawyer who has handled thousands of cases represent you to avoid or reduce these potentially harsh repercussions for your life and future.
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Attorney Michael Auffinger obtained a rare reversal and dismissal at the Court of Criminal Appeals.
Aggressive Criminal Defense
When you hire Attorney Michael Auffinger, you get a committed fighter in the courtroom.