Knoxville Domestic Violence Attorney
Domestic violence is one of the most serious and emotionally devastating legal situations a person can face — whether you are a victim seeking protection or someone who has been accused of an offense. Either way, the outcome of your case can have life-altering consequences for you and your entire family. If you are dealing with a domestic violence situation in Knoxville or the surrounding East Tennessee area, you need experienced legal representation on your side immediately.
At John T. Sholly, Attorney and Counselor at Law, our Knoxville domestic violence attorney represents both victims seeking safety and individuals charged with domestic assault. We understand the urgency and sensitivity these cases demand, and we are prepared to act quickly to protect your rights, your freedom, and your family.
Whether you need domestic violence help securing a protection order, you need to defend yourself against charges, or you need guidance navigating how a domestic violence case intersects with your divorce or child custody matter, our experienced domestic violence lawyers in Knoxville are here for you.
Call John T. Sholly, Attorney and Counselor at Law, at (865) 419-9177 for your free 15-minute consultation with a Knoxville domestic violence lawyer.
What Is Domestic Violence? Understanding the Legal Definition
Many people search for the meaning of domestic violence without realizing that, under Tennessee law, what most people call “domestic violence” is legally defined as domestic assault. Understanding this distinction is important because it shapes everything about how your case will proceed in court.
Under Tennessee Code Annotated § 39-13-111, domestic assault occurs when a person intentionally, knowingly, or recklessly causes bodily injury to a family or household member, or causes that person to reasonably fear imminent bodily injury, or makes offensive or provocative physical contact with them.
Who qualifies as a “family or household member” under Tennessee law?
- Current or former spouses
- Individuals who live together or who have previously lived together
- Individuals in a current or past dating relationship
- Blood relatives or individuals related by adoption
- Persons related by marriage
- Adults and minor children living in the same household
- Unmarried individuals who share a child
It is important to understand that domestic violence is not limited to physical violence alone. It also encompasses threats, intimidation, stalking, harassment, emotional abuse, isolation, economic control, and coercive behavior — all of which can be legally significant in both criminal proceedings and family court matters such as divorce, custody, and orders of protection.
Types of Domestic Violence Charges in Tennessee
Tennessee law distinguishes between several levels of domestic assault charges, each carrying different penalties and consequences.
Simple Domestic Assault — Class A Misdemeanor
This applies when the accused caused or attempted to cause bodily injury, or caused the victim to fear imminent bodily harm. A Class A misdemeanor carries up to one year in jail and fines of up to $2,500.
Simple Domestic Assault — Class B Misdemeanor
This applies when the contact was offensive or provocative in nature, without causing actual injury. A Class B misdemeanor carries up to six months in jail and fines up to $500.
Aggravated Domestic Assault — Class C Felony
This charge applies when the assault was committed intentionally and caused serious bodily injury. A Class C felony can result in 3 to 15 years in prison and fines up to $10,000.
Aggravated Domestic Assault — Class D Felony
When the assault involved reckless conduct that caused serious bodily injury, or when a deadly weapon was used, or when strangulation or suffocation is alleged, the charge rises to a Class D felony, carrying 2 to 12 years in prison and fines up to $5,000.
Note: If strangulation or suffocation is involved in the alleged assault, Tennessee law treats this as a distinct and more serious form of aggravated assault. These charges carry particularly severe consequences and require immediate legal attention.
Our domestic violence attorney at John T. Sholly, Attorney and Counselor at Law, will help you understand exactly which charges apply to your situation and what is at stake.
Consequences Beyond Criminal Penalties
A domestic violence conviction in Tennessee carries consequences that extend far beyond jail time and fines. Whether you are convicted of a misdemeanor or a felony, a domestic violence charge can affect virtually every area of your life:
Permanent Criminal Record:
A conviction stays on your record and can be seen by employers, landlords, and licensing boards.
Loss of Firearm Rights:
Under both Tennessee and federal law, individuals convicted of domestic assault are prohibited from possessing firearms. You will also be required to surrender any firearms you currently own.
Mandatory Programs:
Courts routinely order convicted defendants to complete anger management classes, substance abuse treatment, or batterer’s intervention programs.
Restraining Orders and No-Contact Orders:
The court may issue an order requiring you to vacate a shared home, prohibiting all contact with the victim, and restricting you from appearing near their workplace or your children’s school.
Impact on Divorce and Child Custody:
A domestic violence charge or conviction can be used against you in family court proceedings. It can significantly influence child custody determinations, parenting time, and divorce asset division.
Employment Consequences:
Many employers conduct background checks. A conviction — particularly a felony — can cost you your current job and limit future career opportunities.
If you have been charged with domestic assault in Knoxville, do not wait. The sooner you contact a domestic violence defense attorney, the more time we have to build an effective strategy on your behalf.
Legal Protections for Victims — Orders of Protection
If you are a victim of domestic violence, stalking, sexual assault, or harassment in Tennessee, the law provides powerful tools to protect you. The most important of these is an Order of Protection.
An Order of Protection is a court order that legally prohibits the abuser from contacting you, approaching you, or coming near your home, workplace, or children’s school. Violations of an Order of Protection are a criminal offense in Tennessee.
Two types of Orders of Protection are available:
Temporary Order of Protection (Ex Parte Order)
If the court determines there is an immediate risk of harm, it can issue a Temporary Order of Protection on an emergency basis — without the other party being present. This order typically remains in effect for 15 days or throughout the duration of the hearing process, keeping you protected while the case is being heard.
Extended Order of Protection
After a full court hearing where both parties can present their side, the court may issue an Extended Order of Protection lasting one year or longer. If the abuser has a history of felony offenses or the court determines an ongoing threat exists, the order can be extended further.
In addition to prohibiting contact, an Order of Protection can also:
- Require the abuser to vacate a shared residence
- Award you temporary possession of a shared home or vehicle
- Address temporary child custody and visitation arrangements
- Prohibit the abuser from purchasing or possessing firearms
- Require the abuser to wear a GPS monitoring device if released on bail
Our domestic violence lawyer in Knoxville will help you prepare and file all necessary documents, represent you at the hearing, and fight for the most comprehensive protection the law allows. If you are in immediate danger, we urge you to contact law enforcement by calling 911 and then reach out to our office as quickly as possible.
For Those Accused — Domestic Violence Defense
Being accused of domestic violence is a serious matter that demands immediate action. In Tennessee, when law enforcement responds to a domestic call, they are generally required to arrest if they believe an assault occurred — even if the alleged victim does not want to press charges. Once the arrest is made, the decision to move forward with prosecution rests with the state, not the alleged victim.
That means even if the other party later recants, the charges may not simply disappear. You need a skilled domestic violence defense attorney who can actively challenge the evidence and advocate for your rights.
Common defense strategies in domestic violence cases include:
Self-Defense or Defense of Others:
If you acted to protect yourself or another person from imminent harm, this can be a valid defense under Tennessee law.
False or Exaggerated Allegations:
Domestic violence accusations are sometimes made in the heat of the moment, during contentious divorces, or in child custody battles. Claims can be exaggerated, misleading, or entirely fabricated. We will work to expose inconsistencies in the evidence.
Lack of Intent:
For certain charges, the prosecution must prove the accused acted intentionally or knowingly. In cases where the contact was accidental, intent can be a powerful defense.
Challenging the Evidence:
Police reports, 911 recordings, medical records, and witness statements all play a role in these cases. Our team will scrutinize every piece of evidence to identify weaknesses in the prosecution’s case.
Special Bond Conditions and No-Contact Orders:
If a no-contact order has been imposed as a condition of your bond, you mustn’t attempt to contact the alleged victim on your own — even through a third party. Only your attorney should make contact. Violating a no-contact order can result in additional criminal charges.
Our Knoxville domestic violence attorney at John T. Sholly will evaluate the specific facts of your case, explain your options clearly, and build the most effective defense available to protect your future.
How Domestic Violence Intersects with Family Law
One of the most important things to understand about domestic violence cases in Knoxville is that they rarely exist in isolation. They frequently overlap with divorce, child custody, child support, and parental rights proceedings — and each of these areas can be directly affected by what happens in your domestic violence case.
Domestic Violence and Divorce:l
A history of domestic violence can be raised as grounds for divorce in Tennessee and can influence the court’s decisions about asset division and spousal support.
Domestic Violence and Child Custody:
Tennessee courts place the best interests of the child above all other considerations. Evidence of domestic violence — whether raised by the victim or the accused — can significantly affect parenting time, custody arrangements, and whether supervised visitation is required.
Domestic Violence and Parental Relocation:
If a victim of domestic violence needs to relocate to ensure their safety, our firm can help address relocation issues in the context of existing parenting plans and court orders.
Whether you are a victim seeking safety and justice or a parent defending your rights in a custody dispute where domestic violence has been alleged, John T. Sholly, Attorney and Counselor at Law, can provide coordinated legal representation that addresses all dimensions of your case.
What to Do If You Are a Victim of Domestic Violence in Knoxville
If you are in immediate danger, call 911. Your safety is the priority.
Once you are safe, taking the following steps can strengthen your legal case and access the domestic violence help you need:
Document everything.
Take photographs of any injuries, property damage, or threatening messages. Save text messages, voicemails, and emails that may serve as evidence.
Seek medical attention.
Even if injuries seem minor, having them documented by a medical professional creates an official record that can support your case.
Contact an attorney.
A domestic violence attorney can help you obtain an Order of Protection, advise you on your legal options, and represent you in all related family court proceedings.
Reach out to local support resources.
The Knoxville Family Justice Center and other local advocacy organizations provide a range of services, including emergency shelter, counseling, case management, and legal advocacy.
Our firm works closely with local support networks to ensure our clients have access to comprehensive resources — not just legal representation.
Why Choose John T. Sholly as Your Domestic Violence Lawyer in Knoxville
When you are facing a domestic violence matter — on either side — you need a domestic violence lawyer who combines legal knowledge with genuine care for the people involved. At John T. Sholly, Attorney and Counselor at Law, we offer:
- Representation for both victims and those accused — we understand both sides of these cases
- Integrated family law experience — we handle the divorce, custody, and protection order aspects together
- Personalized consultations — our attorney will meet you at your home or a location convenient to you
- Compassionate and confidential service — your privacy and dignity are always protected
- Rated 5.0 stars based on 47 verified client reviews
- Free 15-minute consultation — speak with an attorney before making any decisions
We serve clients throughout Knoxville, Knox County, and the broader East Tennessee region, including Farragut, Powell, Maryville, Oak Ridge, and beyond.
Frequently Asked Questions — Domestic Violence in Tennessee
What is the difference between domestic violence and domestic assault in Tennessee?
“Domestic violence” is the common term most people use, but Tennessee law formally refers to these offenses as “domestic assault.” The legal definition under state law covers intentional, knowing, or reckless acts of harm or threats of harm against a family or household member.
Can domestic assault charges be dropped if the victim doesn’t want to press charges?
Not necessarily. Once law enforcement makes an arrest, the decision to prosecute belongs to the state, not the alleged victim. A prosecutor can move forward with charges even if the victim later decides they do not want to testify. This is why having a qualified domestic violence defense attorney is critical.
Can a domestic violence charge affect my child custody case?
Yes. A domestic violence charge or conviction can be a significant factor in custody determinations. Tennessee courts take the safety of children seriously, and evidence of violence or abuse in the home can result in supervised visitation, reduced parenting time, or other restrictions.
How long does an Order of Protection last in Tennessee?
A temporary Order of Protection typically lasts 15 days or until the court holds a full hearing. An extended Order of Protection issued after a hearing typically lasts one year, though it can be extended by the court if circumstances warrant it.
Can I be arrested for domestic assault even if I didn’t physically touch the other person?
Yes. Under Tennessee law, assault includes causing someone to reasonably fear imminent bodily injury — even without physical contact. Threatening words or behavior that cause fear can support a domestic assault charge.
What happens if I violate an Order of Protection?
Violating an Order of Protection is a criminal offense in Tennessee, typically charged as a Class A misdemeanor with penalties including jail time and fines. Repeat violations or violations involving physical harm can result in felony charges.
Talk to a Knoxville Domestic Violence Attorney Today
Whether you are a victim of domestic violence seeking protection or you have been accused of domestic assault and need to defend your rights and your future, John T. Sholly, Attorney and Counselor at Law, is ready to help. We represent clients throughout Knoxville and Knox County in all matters related to domestic violence, protection orders, divorce, and child custody.
Do not face this alone. Our domestic violence attorneys are ready to listen, advise, and act — with the compassion and tenacity your situation demands.
Call John T. Sholly, Attorney and Counselor at Law, at (865) 419-9177 for your free 15-minute consultation with a Knoxville domestic violence attorney today.