Nashville Domestic Assault Defense Attorney

Experienced Legal Representation for Domestic Assault Charges in Davidson County

A domestic assault charge in Nashville can be life-altering, relationship changing, and damaging to your reputation. Just having the cloud of a domestic assault charge in Nashville can come with immediate consequences professionally and can feel overwhelming with the conditions that are placed on you immediately after you have been arrested and before you ever have your first court date.

Domestic assault cases are often emotionally charged, involve parties that are married, are dating, live together, and may have children together. These cases are taken very seriously by the District Attorney’s Office, the person charged is highly scrutinized, and – if convicted – carry long term consequences that extend beyond the courtroom — including loss of housing, employment, gun rights, and may limit or cut off contact to loved ones such as children if the alleged victim and the person charged have children together. If you have been arrested and charged with domestic assault or criminal offenses related to an allegation of domestic assault in Davidson County, your choice of the defense attorney that represents you, your side of the story, and your interests is a critical decision.

At Legal Powers, PLLC, our defense team brings a powerful advantage to domestic assault cases. Attorney Lody Powers served the residents of Nashville Davidson County as an Assistant District Attorney for over a decade in the Davidson County District Attorney’s Office. As a prosecutor, Lody was responsible for handling a variety of cases including misdemeanor and felony assault cases such as Domestic Assault and Felony Aggravated Assault. Today, Lody advocates for individuals facing the uncertainty of a Domestic Assault or Felony Aggravated Assault allegation using the firsthand insight she gained by working as a prosecutor in Nashville to defend clients accused of the very charges she once prosecuted.

With Lody on your side, you have an advocate that knows how the District Attorney’s Office handles your case from the inside. She knows how prosecutors evaluate and prepare their cases, how the officers and detectives involved investigate the allegation against you, and she knows how to aggressively attack weaknesses and limitations in the allegations against you. We offer confidential, judgment-free consultations and a defense strategy which combines an individualized approach to each client we represent with our experience, knowledge, and tenacity to ensure that our clients are protected and aggressively advocated for.

Understanding Domestic Assault Charges in Nashville

Domestic assault charges in Tennessee are prosecuted under T.C.A. § 39-13-111, the statute that governs Domestic Assault. There are various relationships that qualify to transform a Simple Assault charge to a Domestic Assault charge. Under Tennessee law, a “domestic abuse victim” is defined as any of the following relationships that the prosecutor has a duty to prove should they seek a conviction for Domestic Assault:

1. Current or former spouses;
2. Adults or minors who live together (for example current roommates or a parent and child that live together);
3. Adults or minors who have lived together (for example former roommates);
4. Individuals that have dated (this can be a short lived dating relationship – it be so short lived that it was one bad date);
5. Individuals who are dating (this can also be a short relationship such as only a couple of dates);
6. Individuals that have had a sexual relationship (this can be a one-night stand);
7. Individuals that have a sexual relationship;
8. Adults or minors related by blood or adoption (importantly this relationship focuses on the parent-child relationship regardless if they actually live together);
9. Adults or minors who are related or were formerly related by marriage (this can be a step-child or even your ex-wife’s child that you used to be a step-father to);

The list of possible relationships that can be used, manipulated and misrepresented, or argued by a prosecutor to escalate a Simple Assault charge to a Domestic Assault charge is broad and equips the prosecutor responsible for prosecuting your case with a lot of power and discretion in their decision of how to handle the allegation against you.

Legal Powers, PLLC defends a wide range of allegations that rely on the prosecutor proving that the parties share or shared a domestic relationship; including Domestic Assault, Felony Aggravated Assault, violations of protection orders and no contact orders, Stalking or Aggravated Stalking, Harassment, Criminal Trespass in the context of a domestic relationship, and numerous other possible criminal charges that may be alleged in the context of a domestic relationship existing between the parties involved such as Interference with an Emergency Call, False Imprisonment, Theft, or Vandalism.. These cases are prosecuted in Davidson County General Sessions Court as well as, in Davidson County Criminal Court.

Consequences of a Domestic Assault Conviction

A criminal conviction for Domestic Assault, Aggravated Assault, or any number of other criminal charges that may come about as a result of a domestic dispute can affect nearly every part of your life. In the short term, a conviction carries the immediate risk of mandatory jail time,  supervised probation, court-ordered batterer’s intervention programs, court costs and fines, mandatory GPS monitor devices that are expensive, uncomfortable, and embarrassing, court ordered no contact orders with the alleged victim; including indirect contact which may prohibit the ability to communicate with mutual friends or  minor children that the parties have together, and may involve court ordered stay away orders that prohibit the person convicted from going anywhere the alleged victim goes including attending church, attending school events, attending work events, or frequenting other places the parties used to go to together before the criminal allegations existed.

Additionally, in the long term, a criminal conviction carries the weight of a permanent conviction on your criminal record which not only can impact opportunities such as attending school, qualifying for certain jobs, and being able to hold certain professional licenses, but also may impact housing approvals and other types of approvals that require passing a background check.

Under state and federal law, a Domestic Assault conviction, even a misdemeanor conviction, will impact your gun rights..

As is probably obvious by now, the consequences of a criminal conviction extend far beyond the courtroom and negatively impact you long after your case is concluded.

How We Defend Domestic Assault Charges

Now that you’re fully aware of the risk, let’s talk about how at Legal Powers we fight back, how we attack the allegations, and how we work with purpose to challenge the State’s version of reality which may  not be so real after all.

Each Domestic Assault case is as unique as the adults and children involved, and our defense strategy is tailored to the specific allegations, circumstances, and alleged proof presented by investigating officers, alleged victims, and prosecutors seeking to convict you.

We begin with asking numerous questions, listening with purpose, and being sure that we accurately understand the one side of the story the police usually have never tried to hear, or worse tried to discredit, and that the prosecutor gives the least value to: our client’s.

Equipped with the benefit of our client’s side of the story, as well as, any evidence our client has that may help us tell their story and build their defense (such as text messages, photographs, emails, voicemails, videos, or the names of witnesses familiar with the relationship history of the parties, or witnesses that were present during the time of the allegation but that were never interviewed by police) we conduct a thorough review of the State’s case: police reports, body camera footage, 911 calls, supplemental reports, and alleged evidence of physical injuries documented.

We also examine whether there is any evidence overlooked, misrepresented, or dismissed by police or the prosecutor in order to flip the script presented by the alleged victim to evaluate whether there is a viable defense of self-defense or mutual confrontation , and whether the accusations are supported by credible allegations, whether the alleged victim has a motive to lie (such as a girlfriend that snooped through her boyfriend’s phone and found messages with his other girlfriend), whether the alleged victim’s credibility is lacking, whether witnesses that backed the alleged victim’s version of the story are credible or if they too have improper motive (such as a best friend trying to stick it to her besties ex), or if the criminal allegations are being misused to gain advantage in another legal matter, such as a divorce or custody battle.

As a former prosecutor with experience serving in the Domestic Assault Unit and prosecuting crimes of violence in Davidson County, Lody Powers knows how these cases are handled internally by the prosecutor. She understands how alleged victims are prepared by the state  to testify, how the State uses the threat of increasing criminal charges or adding additional charges to the case in order to structure leverage in negotiations about case resolutions, and how officers make rapid assumptions at the scene that may not hold up under scrutiny or counter-evidence produced by the defense. These insights of how the game is played internally by the opposing side allows her to expose weak points in the State’s narrative, challenge witness reliability, and draw to the surface the inadequacy of the investigation conducted by responding officers and detectives.

Temporary Orders of Protection in Nashville

The initial order applied for is called a Temporary Order of Protection and Temporary Orders of Protection often accompany or may even precede criminal charges; a Temporary Order of Protection is the “better safe than sorry” order issued by a Magistrate that only takes into account the alleged victim’s side of the story.

Often, when police officers respond to a Domestic Assault call – and after they have already arrested a suspect for Domestic Assault or allegations related to an allegation of Domestic Assault – they encourage and assist the alleged victim with filing for a Temporary Order of Protection against the person arrested. And, even though these are civil court orders, Temporary Orders of Protection have the very real impact of making the person that the order is issued against feel as though they have already been found guilty and are being punished because, depending on the circumstances, a Temporary Order of Protection may require the accused to vacate the parties shared home (even if the alleged victim does not own the property or even if the alleged victim isn’t on the lease), may prohibit the accused from having direct contact with the alleged victim, as well as, may prohibit the accused from having indirect contact with the alleged victim (such as family, friends, or minor children the parties share together), may require the accused to surrender their firearms and prohibit the accused from owning or possessing firearms, or may require the accused to stay away from certain locations; all before the accused ever has their first day in court to challenge the basis of the Temporary Order of Protection being issued in the first place.

Additionally, each violation of a Temporary Order of Protection is a separate criminal charge and a fourth or higher violation becomes a felony charge.

Also, the existence of a Temporary Order of Protection while a criminal charge of Domestic Assault based on the same core allegations is pending can influence and undermine the defense of the criminal case by giving the alleged victim leverage in the criminal case and by fatiguing the accused with strict conditions that they must comply with before the Order of Protection case or the criminal case ever darken the courthouse doors.

At Legal Powers, we provide comprehensive representation to our clients to be sure that they are protected on all fronts by defending against the allegations in the Temporary Order of Protection with a strategy focused on preserving and protecting our clients’ rights in fighting the criminal allegations they face.

Why Clients Choose Legal Powers, PLLC

Clients choose us because of our dedication to learning and advocating for their side of the story, our experience fueled by our insights of the court system, and our unwavering commitment to fighting for results that protect our clients and their futures. Attorney Lody Powers brings more than a decade of prosecutorial experience in prosecuting domestic and violent crimes in Davidson County. And Attorney Ben Powers is one of Franklin’s most trusted defense attorneys, with over 400 five-star reviews and recognition by Expertise.com. Together, they offer an unparalleled legal team of representation that is strategic, prepared, and founded on client trust.

Domestic Assault FAQ

Can I contact the alleged victim while the case is pending?

Generally, no. Most domestic Assault charges come with a no-contact condition or protective order that prohibit any contact, direct and indirect, with the alleged victim. Violating that order could lead to an additional criminal charge.

Can a Domestic Assault charge be dismissed if the victim recants?

Not automatically. Once the allegation is made and the charge has been issued the outcome of the case is no longer solely up to the alleged victim. Instead, it is the prosecutor acting on behalf of the State of Tennessee that has the ultimate discretion in whether and how the criminal charge is prosecute. The state can pursue prosecution without the victim’s cooperation, especially if other evidence (such as other witnesses that were present when the alleged assault occurred, whether officers observed and/or documented alleged injuries, or if there is video evidence) that the prosecutor believes can be used to support pursuing the charge to conviction.

Can I expunge a Domestic Assault charge in Nashville?

If your case is dismissed or results in a not-guilty verdict, you may be eligible for expungement. As part of our representation, we pursue record-clearing options when possible. However, a Domestic Assault conviction is not eligible to be expunged.