Understanding the Consequences of Domestic Violence Convictions
March 6, 2025
Domestic violence convictions carry severe and long-lasting consequences, particularly in Tennessee, where laws are designed to hold offenders accountable while providing protection for victims. Domestic violence cases can be emotional, complicated, and difficult, affecting not only the accused but also their family, friends, and community.
For individuals facing charges in these cases, understanding the potential ramifications of a conviction is essential. William L. Pomeroy Law, located in Brentwood, Tennessee, has helped many individuals facing domestic violence charges to understand their legal options.
With the right legal representation, individuals can better handle the consequences of a conviction and work toward the best possible outcome.
Criminal Penalties for Domestic Violence Convictions
A domestic violence conviction in Tennessee may lead to severe criminal penalties that can impact a person’s future. Criminal penalties can range from jail time to probation, with more serious penalties depending on the nature of the violence and any prior offenses.
Jail Time and Incarceration
Domestic violence offenses are classified as misdemeanors or felonies based on the severity of the incident. A misdemeanor conviction can result in up to 11 months and 29 days in jail. Felony convictions may result in even harsher sentences, including multiple years in prison.
Misdemeanor conviction: Up to 11 months and 29 days in jail.
Felony conviction: Multiple years in prison, depending on the severity and prior offenses.
The length of jail time or prison sentences will depend on the specific facts of the case, including whether the defendant has any previous criminal history and whether the violence resulted in injuries or property damage.
Probation and Parole
In some cases, a judge may grant probation instead of jail time, particularly for first-time offenders. Probation typically lasts for a set period, often several years, during which the offender must adhere to certain conditions, such as regular meetings with a probation officer, attendance at domestic violence counseling, and abstaining from alcohol or drug use.
Probation: May be granted for first-time offenders and usually includes conditions such as counseling and substance abuse treatment.
Parole: If an offender is incarcerated, they may be eligible for parole after serving a portion of their sentence.
Failure to comply with probation or parole conditions can result in additional charges and the potential for serving the remainder of the sentence in jail or prison.
Impact on Personal Relationships and Family Life
A conviction for domestic violence can also have a significant impact on a person’s personal relationships and family dynamics. It’s essential to consider how such a conviction can affect the lives of family members, particularly children.
Child Custody and Visitation
Domestic violence convictions can play a pivotal role in determining child custody and visitation arrangements. Courts in Tennessee prioritize the safety and well-being of children, and any history of domestic violence will be heavily considered during custody hearings.
Custody decisions: A domestic violence conviction can result in the loss of custody rights, with the court granting custody to the non-offending parent.
Visitation restrictions: Even if a parent is not stripped of custody, a conviction may lead to supervised visitation or restrictions on visitation rights.
A convicted individual may need to prove they’ve completed anger management programs or domestic violence counseling to regain access to their children. These programs show a willingness to change and an effort to improve behavior.
Divorce Proceedings and Alimony
In cases where domestic violence is involved, the convicted individual may face disadvantages in divorce proceedings. Tennessee is a no-fault divorce state, but the presence of domestic violence can influence decisions on property division, alimony, and other divorce-related matters.
Alimony: The court may consider domestic violence when determining whether to award alimony. The victim of domestic violence may be entitled to more significant support.
Property division: Domestic violence can also affect the division of assets in a divorce, with courts potentially awarding more assets to the victim.
Divorce settlements involving domestic violence are often more contentious, and the convicted person may face a more challenging time securing favorable terms.
Long-Term Effects on Employment and Reputation
Domestic violence convictions also carry long-term consequences for an individual’s employment and public reputation. Depending on the industry and position, a conviction can result in job loss or a tarnished reputation that can affect future career opportunities.
Loss of Employment
For individuals convicted of domestic violence offenses, losing employment may be a real possibility. Many employers have policies in place that prevent hiring individuals with criminal convictions, especially those related to violence.
Background checks: A domestic violence conviction will show up on background checks, making it difficult to secure future employment in certain industries.
Loss of job: Some individuals may lose their current job if the employer deems the conviction to be a risk to the business.
Certain jobs, particularly those working with vulnerable populations (such as children or the elderly), may become entirely off-limits to someone with a domestic violence conviction.
Damaged Reputation
A domestic violence conviction can cause lasting damage to a person’s reputation in their community. Social stigma can follow an individual for years, and the impact of a conviction may result in strained relationships with family, friends, and colleagues.
Social consequences: Friends and family may distance themselves from the convicted individual, causing emotional distress and isolation.
Community reputation: The person may struggle to rebuild trust in their community, and their reputation may permanently be affected.
These social consequences can make it difficult for individuals to rebuild their lives after a conviction, with many facing ongoing emotional and financial challenges.
Federal Consequences of Domestic Violence Convictions
In addition to state-level consequences, domestic violence convictions in Tennessee can lead to federal penalties, particularly when firearms are involved.
Loss of Gun Rights
Under federal law, domestic violence offenders lose the right to own or possess firearms. A conviction for domestic violence in Tennessee automatically triggers this restriction, preventing the offender from legally purchasing or owning a firearm.
No gun ownership: A convicted individual may not possess firearms, even if they had a gun before the conviction.
Possession penalties: If the individual is found with a firearm after their conviction, they may face federal charges and further legal penalties.
The loss of gun rights can significantly impact an individual’s ability to protect themselves or their property and can affect hobbies or recreational activities involving firearms.
Immigration Consequences
Non-citizens who are convicted of domestic violence offenses may face additional consequences related to their immigration status. A conviction can lead to deportation, denial of citizenship, or other adverse immigration actions.
Deportation: For non-citizens, a conviction can lead to deportation proceedings, especially if the offense is classified as a felony.
Ineligibility for citizenship: A conviction may also make it more difficult for a non-citizen to become a U.S. citizen or remain in the country.
For individuals facing both criminal charges and immigration concerns, it's essential to work with both a criminal defense attorney and an immigration lawyer to understand the full range of potential consequences.
Rehabilitative Programs and Second Chances
While a domestic violence conviction carries significant consequences, there are opportunities for rehabilitation and the possibility of reducing the long-term impact of a conviction.
Domestic Violence Intervention Programs
Individuals convicted of domestic violence may be required to complete intervention programs as part of their sentence. These programs are designed to help offenders understand the underlying causes of their behavior and develop strategies to prevent future violence.
Anger management: Offenders may be required to attend anger management classes to learn how to handle emotional triggers without resorting to violence.
Counseling and support: Many domestic violence intervention programs include counseling sessions and support groups to help offenders understand their actions and heal from past trauma.
Completion of these programs may demonstrate an offender’s commitment to change, potentially leading to a reduction in penalties or a more lenient sentence.
Expungement Options
In some cases, individuals convicted of domestic violence offenses may be eligible for expungement after a certain period. Expungement is the legal process of sealing a criminal record, effectively erasing the conviction from public view.
Eligibility for expungement: In Tennessee, certain convictions, including some domestic violence offenses, may be eligible for expungement after a waiting period.
Impact of expungement: An expunged conviction does not show up on background checks, allowing the individual to move forward with a cleaner record.
Expungement is not available for all domestic violence convictions, and eligibility may depend on factors such as the severity of the offense and the offender’s criminal history.
Get in Touch Today
If you or someone you know is facing domestic violence charges in Tennessee, don’t hesitate to seek legal help. William L. Pomeroy Law, based in Brentwood, Tennessee, and serving Davidson County, Williamson County, and Rutherford County, is here to provide you with professional legal counsel. Reach out today for a consultation.