Probation in Domestic Violence Cases

In Tennessee, many domestic violence offenses are punishable by a sentence of incarceration, probation, and the loss of some civil rights. For those sentenced to probation in domestic violence cases, understanding the conditions of your probation can help to avoid subsequent criminal charges for noncompliance. A Nashville domestic violence lawyer can navigate you through these requirements and, if necessary, defend against any allegations of a probation violation. Attorney Bernie McEvoy has represented many people in domestic violence cases in Davidson and Williamson County. He can provide trustworthy legal advice and assist you in complying with the terms of your probation in a domestic violence case.

Tennessee domestic violence cases broadly encompass crimes against current or former household members, relatives, romantic partners, and their children. Spouses, step-parents, in-laws, roommates, and ex dating partners are a few examples of relationships that may involve an alleged victim of domestic abuse. In addition, domestic violence crimes generally will include as an element of the offense that the defendant intentionally inflicted or attempted to inflict physical injury or property damage, or threatened to do so. 

Depending on the details of the offense, a domestic violence conviction may be punishable by incarceration, a fine, probation, and/or other penalties. The defendant will lose the right to possess a firearm or other specified weapon, and will be ordered to surrender the weapons they currently possess. Probation sentencing in domestic violence cases differs in some ways from other types of criminal offenses. For example, in determining whether to grant probation for the defendant in a domestic violence case, the court must consider the safety and protection of the victim as well as other members of the victim’s family or household. 

If probation is granted in a domestic violence case, the court may order the defendant to comply with additional requirements as a condition of probation. These conditions may include an order of protection that prohibits the defendant from committing or threatening to commit violent acts against the victim or the victim’s family, from visiting the home, school, or workplace of the victim or the victim’s family, and from harassing, contacting, or otherwise communicating directly or indirectly with the victim. Other terms of domestic violence probation may relate to the substance abuse or control and violence issues of the defendant. The court may prohibit the defendant from possessing or consuming alcohol and drugs while on probation, or require the defendant to undergo an alcohol and drug assessment and complete treatment as a condition of probation. The defendant may also be subject to drug and alcohol monitoring.

A probation violation may occur when the defendant disobeys or fails to complete a condition of their probation, or breaks the law in any way. Depending on the terms of the probation, a violation may include failing a drug test, failing to attend a mandatory treatment or counseling program, or possessing a firearm. Violating the conditions of domestic violence probation may have serious repercussions. The consequences of a violation will vary depending on the details and the type of violation, but can result in a criminal charge and enhanced penalties if convicted, additional probation time, revocation of probation, and/or jail time. Although probation in domestic violence cases may seem complicated, a defense attorney in Nashville can provide guidance to help you complete the program successfully.

If you are on probation for a domestic violence offense or facing charges for a violation of domestic violence probation, you can contact an attorney in Nashville for assistance. Bernie McEvoy is an experienced lawyer who assists defendants serving probation in Williamson and Davidson County, including Franklin and Nashville. Arrange a free consultation by contacting the Law Office of Bernie McEvoy online, or by calling us at (615) 255-9595 during daytime hours and (615) 804-8779 after business hours and on weekends.