Franklin Domestic Violence Defense Attorneys
Defending Franklin Clients Since 1997, With Over 100 Years of Combined Experience
A domestic violence charge puts your freedom, your family, and your future at risk. At Puryear, Newman & Morton, PLLC, we’ve defended clients in Franklin and throughout Williamson County since 1997, and we know how much is at stake. A conviction can cost you your right to own a firearm, result in jail time and fines, and follow you through background checks for the rest of your life. If you’ve been arrested or accused of domestic violence, don’t wait to get legal counsel in your corner.
Our defense approach is built around the facts of your case. We challenge the prosecution’s evidence, scrutinize inconsistencies in testimony, and explore alternative explanations for what occurred. When the evidence supports it, we negotiate for reduced or dismissed charges and evaluate plea agreements and diversion programs as potential paths to a better outcome. Established in 1997, our firm brings over 100 years of combined legal experience and direct familiarity with Williamson County courts to every case we handle.
Call (615) 933-2366 or contact us online to schedule your consultation with our criminal defense team today.
What Qualifies as Domestic Violence Under Tennessee Law?
Tennessee Code § 39-13-111 defines domestic assault as assault committed against a family or household member, covering current and former spouses, cohabitants, dating partners, those sharing a child, and relatives by blood, adoption, or marriage. Domestic violence can take many forms beyond physical harm. Common examples include:
- Physical abuse: Any form of physical harm or threat of physical harm.
- Sexual abuse: Non-consensual sexual acts or coercion.
- Verbal abuse: Derogatory remarks and intimidation.
- Economic abuse: Controlling access to financial resources.
- Emotional abuse & intimidation: Psychological tactics that demean or control.
- Isolation: Cutting a person off from social interactions and support networks.
- Control: Dominating aspects of a person’s daily life.
Actions like isolating a partner from family and friends or restricting their access to finances can qualify as domestic violence even without physical harm.
Consequences of a Domestic Assault Conviction in Tennessee
Tennessee courts treat domestic violence charges seriously at every level. A first offense is typically charged as a Class A misdemeanor under Tennessee Code § 39-13-111, carrying up to 11 months and 29 days in jail and a fine up to $2,500. A Class B misdemeanor charge involving offensive or provocative contact carries up to 6 months in jail and a fine up to $500.
Escalating Penalties for Repeat Offenses
Penalties increase sharply with repeat offenses and aggravating factors:
- Second conviction: Mandatory minimum of 30 days in jail and fines ranging from $350 to $3,500
- Third or subsequent conviction: Elevated to a Class E felony with a mandatory minimum of 90 days in jail and fines of $1,100 to $5,000
- Aggravated domestic assault (involving serious bodily injury, a deadly weapon, or strangulation): Class C felony carrying up to 15 years in prison and fines up to $10,000
Long-Term Consequences Beyond Jail and Fines
A domestic assault conviction in Tennessee can’t be expunged from your record. Even a misdemeanor conviction results in the permanent loss of your right to possess or own firearms under both state and federal law. Convictions surface in background checks and can create lasting barriers to employment, housing, and professional licensing. Tennessee courts may also consider a domestic assault history when making child custody decisions, which can result in limited or restricted custodial rights.
How Domestic Violence Cases Move Through the Tennessee Court System
Tennessee law authorizes warrantless arrest when law enforcement has probable cause to believe domestic assault occurred, even if the officer didn’t witness the conduct. After an arrest, the accused is typically subject to a mandatory 12-hour hold before being allowed to post bond. A judge or magistrate can waive the hold, but waivers aren’t common. From there, the process moves through a bail hearing, arraignment, and potentially pre-trial hearings before reaching trial or a plea resolution.
One reality that surprises many clients: prosecution can proceed even when the alleged victim doesn’t want to press charges. The state can compel victim testimony and pursue the case independently. Diversion programs and plea agreements may offer alternative paths that reduce long-term impact, but which options apply depends on the specific facts and the practices of the court handling the case.
Cases in Franklin are processed through Williamson County courts, including the Williamson County Courthouse. Our firm’s experience with local judicial practices informs our strategy in these proceedings, from understanding how individual judges approach domestic violence cases to knowing what arguments may be effective.
Our firm has more than 100 years of combined legal experience. Call (615) 933-2366 to schedule your case consultation and learn more about your options.
Orders of Protection in Williamson County: What You Need to Know
When Tennessee law enforcement responds to a domestic violence call, officers typically ask the alleged victim whether they want an order of protection against the accused. An order of protection can prohibit the accused from contacting the alleged victim by phone, email, or through third parties, and can extend to firearm possession, ownership, or purchase.
If an order is issued against you, the immediate consequences can include:
- Being barred from entering your own home
- Being prohibited from seeing your children
- Heightened vulnerability to arrest if you’re accused of violating the order
Violating an order of protection is a Class A misdemeanor, and law enforcement is authorized to arrest anyone found in violation on the spot. A violation can also result in civil and criminal contempt. Under Tennessee law, a court that finds a respondent in violation may extend the order by up to five years, and up to ten years for a second or subsequent violation.
After a court issues an order of protection, a hearing must be scheduled within 15 days. At that hearing, a judge may dismiss the order or extend it for up to one year.
Orders of protection can be issued quickly, on limited information, and the disruption they cause, including loss of housing access and separation from your children, takes effect before any hearing occurs. Knowing how to contest one matters. Our legal team can guide you through gathering evidence, demonstrating compliance, and presenting arguments that challenge the order’s validity. Puryear, Newman & Morton, PLLC represents clients facing orders of protection throughout Franklin and Williamson County, working to defend your rights at every stage of the process.
A Franklin Domestic Violence Defense Team With the Resources to Fight for You
When you retain our legal team, you get attorneys who know the Franklin courts, understand what’s at stake, and can build a defense strategy around your specific situation. Because Puryear, Newman & Morton, PLLC is a full-service firm, clients whose domestic violence charge intersects with child custody or other family law matters can work with us on both fronts without switching firms. Where appropriate, we also connect clients with mediation and counseling resources that can factor into how a case resolves, addressing the personal dimensions of the situation alongside the legal ones.
Frequently Asked Questions
What Should I Do If I’m Falsely Accused of Domestic Violence in Franklin?
Act quickly. Don’t contact the accuser, as any communication can be used against you. Start documenting your whereabouts and gather any evidence that supports your account, including text messages, emails, and potential witnesses. Then contact an attorney immediately.
Puryear, Newman & Morton, PLLC handles false accusation cases in Franklin courts regularly. We can examine the accuser’s credibility, challenge the validity of their claims, and make sure your account of events is part of the record. The sooner you retain counsel, the better positioned you’ll be before evidence shifts or conditions worsen.
How Can Counseling Affect My Domestic Violence Case?
Voluntary counseling can signal to the court that you’re taking the situation seriously, which can influence sentencing or charge resolution. Court-ordered counseling is also a common condition of alternative sentencing arrangements. At Puryear, Newman & Morton, PLLC, we can recommend local counseling services in Franklin and integrate your participation into a broader defense strategy. Proactive steps like these sometimes open doors to additional options.
What Happens After a Domestic Violence Arrest in Franklin?
After a domestic violence arrest, you’ll go through a booking process and face a mandatory 12-hour hold before a bail hearing. Securing legal counsel during this initial phase is critical. An attorney from Puryear, Newman & Morton, PLLC can represent you at the bail hearing and argue for reasonable release conditions. From there, the process moves through arraignment and potentially pre-trial hearings. Throughout, you must comply with any protective orders or bail conditions the court imposes. Our team can be with you at each stage, assembling evidence and working toward the best available resolution.
Can the Prosecution Proceed If the Alleged Victim Doesn’t Want to Press Charges?
Yes. Tennessee prosecutors can move forward with a domestic violence case without the alleged victim’s cooperation. The state can subpoena victim testimony and build its case from police reports, physical evidence, and other documentation. Don’t assume the case will be dropped because the alleged victim has changed their position. Contact Puryear, Newman & Morton, PLLC to understand your options and start building a defense now.
Call (615) 933-2366 or contact us online to schedule your consultation with a domestic violence attorney at our firm. We serve clients throughout Nashville and Middle Tennessee.
Our Criminal Defense Attorneys
A Reputation for Excellence
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ExperienceOur attorneys have over 100 years of combined legal experience.
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DedicatedOur attorneys are dedicated to serving the needs of it's clients in a professional, ethical, and caring manner.
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DiverseWe are a full-service law firm with skilled attorneys who have years of experience handling specific areas of law.
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Rooted In the CommunityOur firm has been serving the people of Franklin for over 20 years and have an excellent reputation within the community.