Domestic Violence

In Nashville and throughout Middle Tennessee, domestic violence charges are taken incredibly seriously by law enforcement and the District Attorney’s office. Unlike other criminal charges, a domestic violence arrest often triggers immediate, life-altering consequences before you even step foot in a courtroom. You may be subject to a mandatory 12-hour "cooling off" period in jail, forced to vacate your own home, and stripped of your ability to possess firearms.

At Nicholson & Hall, PLLC, we know that these situations are often complex, emotional, and fraught with misunderstandings. A simple argument can escalate into a legal nightmare where your reputation, career, and freedom are on the line. We provide aggressive, non-judgmental defense to protect your rights and help you navigate the justice system.

1. Domestic Assault (Misdemeanor)

Under Tennessee law (T.C.A. § 39-13-111), Domestic Assault is typically charged as a Class A Misdemeanor. While it is a misdemeanor, the long-term consequences are far more severe than a standard assault charge.

You can be charged with Domestic Assault if you are accused of:

• Causing bodily injury to a domestic partner.
• Causing a domestic partner to reasonably fear imminent bodily injury.
• Engaging in "extremely offensive or provocative" physical contact.

2. Aggravated Domestic Assault (Strangulation & Weapons)

Charges are often elevated from a misdemeanor to a felony Aggravated Domestic Assault (T.C.A. § 39-13-102) if specific aggravating factors are present. 

Strangulation:

Tennessee law has cracked down hard on allegations of strangulation. If an assault involves "impeding normal breathing or circulation of the blood" by applying pressure to the throat or neck, it is a Class C Felony.

• Recent Legal Updates: Tennessee law now imposes mandatory minimum jail sentences for convictions involving strangulation. If a victim loses consciousness, prosecutors may even attempt to elevate the charge to Attempted Second Degree Murder.

Use of Weapons:

If a deadly weapon (gun, knife, vehicle, or other object) is used or displayed during the altercation, or if the victim suffers "serious bodily injury" (such as a broken bone or disfigurement), you will face Class C Felony charges. 

3. Violation of Orders of Protection

An Order of Protection is a civil order, but violating it is a criminal offense (T.C.A. § 39-13-113). If you have been served with an Order of Protection—or even a temporary Ex Parte order—you are strictly prohibited from contacting the alleged victim.

Don’t Get Trapped:

Many clients are arrested because they believed they were allowed to reply to a text message the victim sent them. Do not fall for this. If the Order says "no contact," it applies only to you. If the protected party invites you over or texts you, and you respond, you can be arrested.

If a police officer has probable cause to believe you violated an Order of Protection, Tennessee law generally requires them to arrest you immediately.

4. Interference with Emergency Calls (911)

It is common during a heated domestic argument for one party to pick up a phone to call the police, and for the other party to grab the phone or hang it up. In Tennessee, this is a separate crime known as Interference with Emergency Calls (T.C.A. § 65-21-117).

If you knowingly prevent someone from calling 911 or requesting emergency assistance, you can be charged with a Class A Misdemeanor. This charge is frequently "stacked" on top of domestic assault charges, increasing your potential jail time and bond amount.

5. Stalking & Harassment

Domestic disputes often spill over into digital communication or unwanted visits, leading to charges of Stalking (T.C.A. § 39-17-315) or Harassment (T.C.A. § 39-17-308).

• Stalking: This is defined as a "willful course of conduct" involving repeated or continuing harassment that would cause a reasonable person to feel terrorized, frightened, or intimidated.
• Harassment: This generally involves communicating with someone (via text, email, or phone) in a manner that causes them emotional distress without a legitimate purpose.

While a first offense is often a Class A Misdemeanor, stalking can be elevated to Aggravated Stalking (a Class E Felony) if it involves a display of a weapon, a violation of an Order of Protection, or if the defendant has prior convictions.

Why Hire Nicholson & Hall, PLLC to Fight Your Case?

When you are facing the full weight of the government in a domestic violence case, you cannot afford to go it alone. The prosecutors in Davidson County have specialized Domestic Violence units dedicated to securing convictions. You need a defense team that is equally dedicated to your freedom.

Here is why clients trust us with their future:

• We Protect Your Record: We understand that a domestic violence conviction can ruin your career and strip you of your civil rights. We explore every avenue to get cases dismissed, negotiating aggressively for retirement of charges or expungeable outcomes whenever possible.
• We Scrutinize the Evidence: Domestic cases often rely on "he said, she said" testimony. We investigate the facts, analyze 911 calls, review body-cam footage, and identify inconsistencies in the accuser's story.
• We Defend Your Reputation: We know there are two sides to every story. We ensure your voice is heard and that you are not defined by a single bad night or a false accusation.

Don't let a domestic charge dictate your future.

Contact Nicholson & Hall, PLLC today for a confidential consultation. We will review the charges against you and build a strategic defense to protect your life and liberty.