Domestic Violence and Internet Crimes

Domestic abuse can occur in many forms and is not limited to direct physical assault. In Tennessee, criminal laws have evolved to address domestic violence committed through the use of the internet. Currently, there are several criminal statutes that cover domestic violence and internet crimes, including cyberstalking and online harassment. If you have been accused of these types of crimes against a spouse or an alleged domestic violence victim, a Nashville domestic violence lawyer can help protect your rights. Attorney Bernie McEvoy has represented people arrested throughout Davidson and Williamson County. He can review the allegations brought against you and provide trustworthy legal advice and aggressive defense representation.

In general, Tennessee domestic violence laws apply to certain crimes between people who have some kind of relationship to each other. It is important to note that domestic abuse victims may be relatives, household members, current and former spouses and dating partners, and any of their adult and minor children, among others. Internet crimes against domestic abuse victims can result in criminal charges if the defendant violated an order of protection, or if the act constituted a standalone offense, such as stalking or harassment. An experienced attorney can review the charges in your case and provide legal guidance.

An order of protection, restraining order, or no contact order may be issued to protect an alleged victim of domestic abuse, stalking, or sexual assault. If you are subject to an order of protection, you must comply with the terms provided by the order, including any restrictions on contact and communication with the alleged victim. Knowingly violating a domestic violence restraining order through the use of the internet or other electronic communication is a Class A misdemeanor.

In Tennessee, it is illegal to continually harass another person to the point where that person fears for their safety. Stalking is a willful course of conduct involving repeated harassment, which causes the victim to be reasonably and actually terrorized, frightened, intimidated, threatened, harassed, or molested. Stalking may occur online and through unconsented electronic communications, such as email, text, and messages sent via the internet, social media platform, or website.

Stalking and cyberstalking charges are generally Class A misdemeanor offenses. However, if the defendant was prohibited from making contact with the alleged victim pursuant to an order of protection, the charge may be elevated to a Class E felony for aggravated stalking. A second cyberstalking or aggravated cyberstalking offense against the same victim of a prior conviction may result in a Class C felony charge for especially aggravated stalking.

Harassment is a Tennessee crime for certain communications that are made with the intent to threaten, terrorize, or annoy someone else. Harassment may be carried out in person or through electronic means, such as text messages, email, instant messages, and messages sent through or posted on social networks, social media, or websites. It is a Class A misdemeanor offense.

In most situations, it is illegal to access another person’s online accounts or computer without authorization in order to obtain their email, social media messages, or other electronic communications. The use of spyware or other internet programs for the electronic surveillance of a domestic abuse victim is also covered under Tennessee wiretapping statutes. Electronic surveillance is a Class D felony carrying serious penalties for a conviction.

If you have been arrested for domestic violence and internet crimes, a lawyer can help you fight the allegations. Attorney Bernie McEvoy can assist people charged for domestic assault, restraining order violations, trespass, and other domestic violence crimes. He serves residents of Franklin, Nashville, and many other cities within Davidson and Williamson Counties. Arrange a free consultation to discuss a domestic violence charge by calling (615) 255-9595 during the day or (615) 804-8779 on evenings and weekends, or contact us online.