Are Domestic Violence and Domestic Assault the Same in Tennessee?

 Posted on December 31, 2024 in Criminal Defense

In Tennessee, "domestic violence" and "domestic assault" are two terms that sound similar but mean different things under the law. If you or someone you know is facing these kinds of charges, it is important to know the difference and what they involve. A Tennessee criminal defense lawyer can help explain your options and fight for your rights.

What Is Domestic Violence?

Domestic violence is a general term used to describe harmful actions toward someone in your family or household. It is not a specific crime but refers to things like hitting, threatening, or harassing someone. These actions count as domestic violence if they involve people with certain relationships, such as:

• Current or former spouses (people who are married or used to be married).

• People who live together or used to live together.

• Parents and children.

• People who are dating or used to date.

Domestic violence includes many kinds of crimes, such as domestic assault, stalking, or breaking a protection order.

What Is Domestic Assault?

Domestic assault is a specific crime in Tennessee. It is a type of assault, but it happens between people who are in a family or close relationship. To charge someone with domestic assault, the police must show that the person charged with the crime hurt someone on purpose or tried to hurt them; made someone afraid they were about to get hurt; or touched someone in a way that was meant to upset or offend them.

The punishment for domestic assault depends on how serious the case is and whether the person has been in trouble for it before. It can be a misdemeanor (less serious) or a felony (more serious), leading to jail time, fines, or counseling.

How Are Domestic Violence and Domestic Assault Different?

The main difference is that domestic violence is a big category of crimes involving family or household members, while domestic assault is one specific crime under this category. Domestic assault charges usually involve proof of physical harm, fear of harm, or unwanted physical contact, while domestic violence could include other actions like stalking or harassment. 

How Can You Defend Against Charges of Domestic Assault?

Being accused of domestic assault or domestic violence does not mean you are guilty. There are defenses you can use, such as:

• Proving you acted in self-defense.

• Showing that the accusation is false.

• Explaining that you did not mean to cause harm or fear.

However, even if the assault was unintentional, you may still face serious consequences. An attorney is the best person to help you understand the charges you face and the best options available. 

Contact a Blount County, TN Domestic Assault Defense Lawyer

If you are facing charges of domestic violence or domestic assault, you need to take action right away. A Maryville, TN criminal defense lawyer at The Baker Law Firm can help you understand your rights and fight for your future. Call 865-200-4117 today to schedule a free consultation and get the help you need.