Domestic Violence/Domestic Assault/Domestic Abuse Definitions
We are often asked about the difference between an assault (sometimes referred to as a “simple” assault), and a domestic abuse assault. This is an important distinction in the law because there are different bond conditions, and different punishments if the assault is determined to involve a “domestic abuse” victim. There may even be a special unit in the district attorney’s office to prosecute domestic violence defendants. This is the case, for instance, in Knox County, Tennessee and Blount County, Tennessee.
As of January 2025, a simple method of distinguishing between the two offenses is available by reviewing Tennessee Code Annotated sections 36-3-60 (4) and (5).
Subsection (4) states: “‘Domestic abuse’ means committing abuse against a victim, as defined in subdivision (5).”
Subdivision (5) defines a “domestic abuse victim” as:
(A) Adults or minors who are current or former spouses;
(B) Adults or minors who live together or who have lived together;
(C) Adults or minors who are dating or who have dated or who have or had a sexual relationship. As used herein, “dating” and “dated” do not include fraternization between two (2) individuals in a business or social context;
(D) Adults or minors related by blood or adoption;
(E) Adults or minors who are related or were formerly related by marriage; or
(F) Adult or minor children of a person in a relationship that is described in subdivisions (5)(A)-(E).
The courts have interpreted these laws to further define them and use them in context with the facts of a particular case. Furthermore, as of February 2025, there are several pending proposals to further expand these laws. It is important to persons charged with a domestic violence, domestic abuse or domestic assault related crime to employ a lawyer who is familiar with these laws. The lawyers of Oberman & Rice maintain familiarity with these laws and regularly defend citizens accused of domestic violence crimes.
Should you or a loved one be arrested for domestic violence or a domestic assault charge, the lawyers at Oberman & Rice are available to speak with you at (865) 249-7200, at any time. Our firm is open 24/7 and willing to help with any issue that you may face in the criminal justice system. For additional information about this crime, click here.
