Number of Domestic Abuse Victims Remains Steady in Tennessee
The Tennessee Bureau of Investigation recently released the Tennessee Domestic Violence Report, which contains data on the number of cases of domestic violence in the state from 2009 through 2011. It found that the number of incidents had decreased, but by only 1.1 percent. This number includes any offenses a law enforcement agency reported as being domestically related. The TBI tracked domestic violence offenses through the Tennessee Incident Based Reporting System.
A total of 254,903 such incidences were reported through TIBRS. Over half (55 percent) of suspected offenders were cleared after the arrest. Of those, about 20 percent were cleared exceptionally, meaning that the suspect was never arrested. According to the TIBRS manual, this occurs "when an element beyond law enforcement control prevents a physical arrest." The vast majority of these are for uncooperative witnesses.
Domestic Abuse Victims Defined
Under Tennessee law, domestic violence is any case of abuse involving:
- Current or former spouses
- Couples or minors who live together or who have lived together
- People who have dated each other or had a sexual relationship
- Adults or minors related by blood or adoption
- Relatives or former relatives by marriage
- Adult or minor children of a person in a relationship that is described in subdivisions
Potential Penalties
Domestic abuse victims can be the victim of fourteen (14) different possible offenses. The TBI used 12 of these offenses when counting domestic abuse victims, including assault, intimidation, and aggravated assault, which are the three most common domestic abuse offenses. Negligent manslaughter and justifiable homicide were the two offenses omitted. Domestic assault, which accounts for 70 percent of domestic abuse cases, occurs when a person in a relationship such as that defined above intentionally causes bodily injury to another or causes a that person to reasonably fear imminent bodily injury. A misdemeanor assault also includes contact that a reasonable person would consider as extremely offensive.
Domestic assault is a Class A misdemeanor and is punishable by up to a $225 fine and no more than one year in jail. Other penalties can include an intervention program for abuse and drug or alcohol treatment. No matter the amount of jail time, any Tennessean convicted of domestic assault is prevented from ever owning a firearm.
A Lot at Stake
Charges for domestic violence, including domestic assault, carry severe potential consequences. A police officer accused of domestic assault, for example, is in danger of losing his or her job if convicted. Domestic violence charges can affect everything from job prospects to child custody matters to social standing. Those charged with domestic violence charges should contact an experienced criminal defense lawyer to ensure their rights are protected.
