T.C.A.§39-13-111(b) provides that a person commits domestic assault who commits an assault as defined in §39-13-101 against a person who is that person's family member or household member. This applies to someone who is:
1. a spouse;
2. a former spouse;
3. a person related by blood or marriage;
4. a person who currently resides or in the past has resided with that person as if a family; or
5. a person who has a child or children in common with that person regardless of whether they have been married or resided together at any time.
Just as with a simple Assault, Domestic Assault can be committed in three different ways. 1) intentionally, knowingly or recklessly causing bodily injury to another, which is a Class A Misdemeanor; 2) intentionally or knowingly causing another to reasonably fear imminent bodily injury, which is also a Class A Misdemeanor; 3) intentionally or knowingly causing physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative, which is a Class B Misdemeanor.
A conviction for Domestic Assault can hold certain lasting consequences. For example, a person convicted of domestic assault may never lawfully own or possess a firearm due to Federal Gun Laws. Additionally, a persons employment in certain fields may be jeopardized by a conviction for this offense, and custody and visitation with any children you may have may be negatively impacted. Further, should you find yourself charged with the criminal offense of Domestic Assault, you may also be facing being under a civil restraining order referred to as an Order of Protection, which can carry possible criminal implications and can affect your ability to won or possess firearms and may even prevent you from contacting your children. Misty D. Parks is an attorney experienced in successfully defending individuals charged with the crime of Domestic Assault. During the initial consultation you will be able to discuss all the facts and circumstances surrounding your arrest, discuss any defenses that you may have to the charge. Also, you will have any opportunity to discuss the possibility of participation in a program that may be necessary to present your case in a favorable manner, should that be necessary, including anger management classes, batterer's intervention programs, individual or family counseling or any other treatment that may be essential to ensuring rehabilitation.
In some instances both or all participants in a domestic disturbance may find themselves arrested and charged with domestic assault. This is because the law in Tennessee permits that if the police cannot determine whom the primary aggressor is in a domestic disturbance then both or all parties may be placed under arrest. Domestic Assault, while being classified as a misdemeanor offense, is a very serious criminal charge that can have lasting impact should you be convicted. It is important to seek the services of a competent and diligent attorney, such as Misty D. Parks, to begin preparing your defense and readying your case for court so that you may minimize the impact an arrest for domestic assault will have on you and your family.
If you have been the victim of domestic violence you may contact Bridges of Williamson County or Hope House located in Maury County for immediate help.
Serving clients in Columbia, TN; Maury County,
TN; Spring
Hill, TN; Franklin, TN; Williamson County, TN; Nashville, TN; Davidson County, TN; Ashland City, TN; Clarksville, TN; Giles County, TN; Pulaski, TN; Gallatin, TN; Murfreesboro,
TN; Rutherford County, TN; Lewisburg, TN; Centerville, TN; Marshall County, TN; Cheatham County, TN;
Marshall County, TN; Lewisburg, TN; Hickman County, TN; Fairview, TN; Mt. Pleasant, TN and
surrounding Middle Tennessee area.
By Misty D. Parks