WHAT IS DOMESTIC VIOLENCE?

Tennessee Code Annotated (T.C.A.) § 39-13-111 defines domestic abuse victims:

(a) As used in this section, “domestic abuse victim” means any person who falls within the following categories:

(1) Adults or minors who are current or former spouses;

(2) Adults or minors who live together or who have lived together;

(3) Adults or minors who are dating or who have dated or who have or had a sexual relationship, but does not include fraternization between two (2) individuals in a business or social context;

(4) Adults or minors related by blood or adoption;

(5) Adults or minors who are related or were formerly related by marriage; or

(6) Adult or minor children of a person in a relationship that is described in subdivisions (a)(1)-(5).

Domestic violence is a pattern in which one person attempts to dominate or control another. This includes various forms of abuse. It is a pattern of abuse in which the perpetrator consistently seizes control of the victim. Domestic violence manifests itself in various ways and forms. Many credible studies show that the majority of victims are women. Additionally, abuse can occur outside the home, such as at school or the workplace. Here are the main categories of domestic abuse:

• Physical Abuse: Pushing, kicking, strangling, or any other physical violence.
• Sexual Abuse: forceful sex, sexual assaults, sexual threats, and many others.
• Emotional Abuse: Threats, manipulation, lies, stalking, name-calling, and several more.
• Economic Abuse: Denying access to bank accounts and other financial platforms.

If you recognize any of the above as behavior you're experiencing, get away from that relationship and get help as soon as possible!
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BE PREPARED

Have a safety plan BEFORE any VIOLENCE occurs.

• Rehearse your plan and teach your children what they should do if violence occurs.
• Be aware of any changes in your partner’s behavior that indicates a build up to a violent incident.
• Protect yourself and your children by NEVER telling your safety plan to the person who is abusing you.
• Tell your children not to tell the abuser about the plan either.
• Prepare yourself and your children as far in advance as possible.
• Be aware that most significant injuries and homicides occur when people leave or attempt to leave abusive or violent relationships.
• If you decide to leave, remember that leaving is a process, and there are many things you can do prior to leaving to increase your safety and the safety of your children.

SAFETY FROM THE ABUSER

Before any violence occurs, plan what you can do.

• If violence occurs, avoid kitchens and bathrooms as they contain many items that can be used as weapons.
• If violence occurs, make yourself a small target; dive into a corner and curl up into a ball, with your face protected and your arms around each side of your head.
• If violence occurs, do not run to where your children are as they may also get injured.
• If possible, have a phone accessible at all times. Don’t be afraid to call the police.
• Teach your children how to get help. Instruct them not to get involved in the violence. Practice with them.
• Come up with a code word with the children so they will know when to get help.
• Let trusted friends and neighbors know of your situation and develop a plan with them when you need help. Tell neighbors to call the police if they hear suspicious noises.
• Tell your children that violence is never right. Tell them that neither you nor they are responsible.
• Keep your car fueled and have an extra set of car keys.
• Use your judgment and intuition. If the situation is serious, give your partner what he wants to calm him down. Protect yourself until you are out of danger.
• If you are injured, get medical attention and tell your healthcare provider the true cause of your injuries for accurate documentation. Take pictures and keep them in a safe place.
• Keep a diary or log of every incident. Keep it safe.

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AVAILABLE SHELTERS AND PROGRAMS

HomeSafe – Robertson County
615-667-0073
www.homesafeinc.org

SafeHouse: 24hr Hotline
866-592-6902
www.clarksvilleurbanministries.com/safehouse

Impact Mobile Crisis
800-681-7744

National Domestic Violence Hotline
800-779-7233
www.thehotline.org

Tennessee Coalition to End Domestic and Sexual Violence
800-356-6767
www.tncoalition.org

YWCA of Nashville and Middle Tennessee
800-334-4628
www.ywcanashville.com

Victims Notification Network
www.vinelink.com

Tennessee Criminal Injuries Compensation
615-741-2734
https://treasury.tn.gov/injury

EMS – Robertson County Emergency Medical Services
Emergency Dial 911
Non-Emergency 615-384-4911

Hospital – NorthCrest Medical Center:
615-384-2411
100 Northcrest Dr, Springfield, TN 37172


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VICTIM'S RIGHTS

Per Tennessee law, IF YOU ARE THE VICTIM OF DOMESTIC ABUSE, you have the following rights:

1. You may file a criminal complaint with the district attorney general (D.A.).

2. You may request a protection order.

A protection order may include the following:

(A) An order preventing the abuser from committing further domestic abuse against you;
(B) An order requiring the abuser to leave your household;
(C) An order preventing the abuser from harassing you or contacting you for any reason;
(D) An order giving you or the other parent custody of or visitation with your minor child or children;
(E) An order requiring the abuser to pay money to support you and the minor children if the abuser has a legal obligation to do so;

-and-

(F) An order preventing the abuser from stalking you.

3. Courts may issue an ex parte order of protection pursuant to T.C.A. § 36-3-605 upon a sworn petition filed by a law enforcement officer responding to an incident of domestic abuse who asserts in the petition reasonable grounds to believe that a person is in immediate and present danger of abuse and that person has consented to the filing in writing. The law enforcement officer may seek the ex parte order on behalf of the person regardless of the time of day and whether or not an arrest has been made.

Law enforcement agencies shall provide notice of the following information to any victim of crime:

(1) The victim's rights under the Tennessee Constitution, Article I, § 35, to be free from intimidation, harassment and abuse throughout the criminal justice system;
(2) The availability, if any, of crisis intervention services and emergency and medical services;
(3) The name of the law enforcement agency and telephone number;
(4) In cases of domestic violence, the procedures and resources available for protection of the victim;
(5) The names and telephone numbers of public and private victim assistance programs, including the state criminal injuries compensation program and programs that provide counseling, treatment and other support services;
(6) The procedural steps involved in a criminal prosecution.

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CRIMINAL PROCEDURE

Basic Criminal Case Steps

Step 1: First Appearance (General Sessions Court)
A First Appearance is where the charges against the defendant are read before a judge. At a first appearance, a lawyer is appointed if the defendant cannot afford one, and the defendant's plea (guilty, not guilty, no contest) is entered. In some cases, the judge will allow the defendant to represent themselves if they do not wish to appoint a lawyer. If the defendant is charged with a felony, a plea cannot be entered at the General Sessions Court level. The defendant may request a preliminary hearing or waive the right to have a preliminary hearing and bind the case over to the Grand Jury.

Step 2: Preliminary Hearing
The defendant may request a preliminary hearing, in which a prosecutor presents evidence to a judge in an attempt to show that there is probable cause that a person committed a crime. If the judge is convinced that probable cause exists, the case may be bound over to the Grand Jury. If the judge does not agree that the prosecution has demonstrated probable cause, the charges are dropped.

Step 3: Arraignment (Grand Jury)
Once the case reaches the Grand Jury, this arraignment hearing is the same procedure as the first appearance.

Step 4: Pretrial Hearing & Motions
A motion is a request asking a judge to issue a ruling order on a legal matter. The pretrial is a hearing to resolve outstanding issues and it is often an appropriate time to attempt to settle or 'plea bargain' the case.

Step 5: Jury Trial
Both the prosecution and defense present evidence and call witnesses, in front of a judge and a twelve-member jury. The jury will examine the evidence and return a verdict. The judge will interpret the verdict for sentencing, according to state law.

Victims of crimes may be issued a subpoena to appear in court; regardless whether they wish to prosecute the defendant or not.


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SAFE AT HOME ADDRESS CONFIDENTIALITY PROGRAM

Department of State
State of Tennessee
312 Rosa L. Parks Avenue, 6th Floor
Nashville, Tennessee 37243
Phone: 615-253-3043
sos.tn.gov/safeathome

The Safe at Home Address Confidentiality Program is open to all victims of domestic abuse, stalking, human trafficking, rape, sexual battery, or any other sexual offense who satisfy eligibility and application requirements at no cost. All state and local government officials are required to accept a program participant’s substitute address as their official legal address, unless specifically otherwise provided by law.

When Can the Substitute Address be Used?

• Whenever a program participant is required by law to swear to or affirm the participant’s address, the participant may use the participant’s substitute address. T.C.A. § 40-38-602, § 40-38-606.
• Wherever a program participant is required by law to establish residency, the participant may use the participant’s substitute address. T.C.A. § 40-38-602, § 40-38-606.
• The substitute address may be used for motor vehicle records and may be printed on a driver’s license. T.C.A. § 40-38-602.
• The substitute address may also be used as your official mailing address for all public utilities and public utility service providers. T.C.A. §40-38-602, § 40-38-606.
• Participants may also request that private entities use the substitute address, although they are not required to do so.

When can the Substitute Address NOT be used?

• When listing, appraising, or assessing property taxes;
• When collecting property taxes;
• On any document related to real property recorded with a county clerk or recorder.

Eligibility

• Must be an adult or parent/guardian acting on behalf of a minor or minors; and
• Be able to provide documentation of your status as a victim in the form of court documentation, OR a permanent order of protection, OR a letter from a licensed professional attesting to the danger you are in; and
• Have moved to a new residential address (or a shelter) within the last 30 days, or intend to relocate to a new residential address in the next 90 days.

The Address Confidentiality Program (ACP) will:

• Provide you with a legal substitute address and securely forward your first-class mail to you.
• Help you access state and local agency services, like applying for a new driver’s license, new car titles and tags, enrolling yourself or your children in school, applying for SNAP or TennCare benefits, without revealing your physical address.
• Register you to vote without your voter registration being available to the public.

To enroll, eligible applicants will need to meet in person with a Certified Application Assistant to help complete the application process. Contact the Safe at Home Program to find a Certified Application Assistant in your area.

615-253-3043
sos.tn.gov/safeathome


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PREPARING TO LEAVE SAFELY

• Decide where you will go if you need to leave your home. Pick several places where you know you will be safe.
• Find out about local laws and what resources are available to you before you need them in a crisis.
• Acquire job skills if possible. Begin to stash cash in a safe place.
• Keep change for phone calls as well as money for cabs or bus fare.
• Memorize important phone numbers.
• Keep a bag packed with clothes for you and the children. Keep the bag where it is not likely to be discovered.
• Gather as many important papers as you can and place them in a safe place outside of the home.
• Create a false trail. Call motels, real estate agencies and schools in a town or towns at least six hours away where you want your partner to believe you will relocate. Ask questions that will require a call back to your house to leave phone numbers on record.
• Create good reasons for leaving the house at different times of the day and night.
• Back the car into the driveway. Keep the driver’s door unlocked for a quick escape.
• Open a savings account in your name only.
• Review your safety plan every few weeks.
• Identify public places that are open 24 hours a day where you can go to call for help.

USE CASH. A CREDIT CARD WILL REFLECT YOUR ACTIVITY TO YOUR ABUSER AFTER YOU LEFT.

IMPORTANT PAPERS / ITEMS

Gather as many items as you can and store in a safe place outside the home:

• Birth and Marriage certificates
• Vaccination and Medical records
• School records
• Social Security numbers
• Car titles
• Recent credit reports
• Recent photos
• Prescriptions
• Information on individual or joint accounts
• Bank books

INFORMATION ON YOUR ABUSER:

• Social Security number
• Date of birth
• Pay stubs
• Addresses of family/friends
• Car information (tag number, make, model & color)
• Driver’s License Number
• Criminal history/documents
• Bank accounts
• Work information
• Current and complete address

ADDITIONAL ITMES TO TAKE (if time permits):

• Any money you have
• Address book
• Small toys for children
• Small objects of value
• Clothing

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SAFETY AFTER YOU LEAVE

If you obtain a protective order and the abuser leaves:

• Change the locks and get an unlisted number.
• Change usual routes and times of travel to work and to run er- rands.
• Keep a copy of the protective order with you at all times. Give a copy to your employer, neighbors, schools, daycare, etc.
• Get a dog or some other form of security system. Talk to a trusted advocate or friend about the abuse.
• Find a support group to attend (to build a support base for your- self) with others who have gone through situations similar to yours.
• Obtain counseling for your children.
• Alert your office of your situation and have your calls screened if possible.
• Call the police to enforce the protective order.
• Keep a diary or log of all contacts with you by your abuser, directly and indirectly (mail, phone, friends, deliveries, etc.) to report them to police.
• If you or a witness is threatened by your abuser report the threat to the police immediately.

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