Resource guide: How domestic violence victims can navigate Tennessee’s justice system

The criminal justice system can be complicated and difficult to navigate. That’s especially true for domestic violence victims. After a year of investigating the holes in Tennessee’s system, WPLN News has compiled this resource guide on what options for protection are available under state law.

In Tennessee, resources for domestic violence victims vary greatly based on where you live, and your experience with law enforcement officers and the courts will be different county by county.

Where to turn first:

• Some counties have a family justice center. These types of centers offer multiple services and resources under one roof. At most of them you can speak to law enforcement or prosecutors if you’re considering pressing criminal charges. Often they can also help you file an order of protection, which is a civil restraining order specifically for domestic violence victims. A family justice center will also typically be able to connect you with a shelter, if you need a place to stay. Services are free and victims are not required to report abuse to police to get services from the center or a service provider. Check here to see if your county has a family justice center. 
• If your county does not have a family justice center, the Tennessee Coalition to End Domestic and Sexual Violence has compiled a map of resource providers across the state. The nearest service provider should be able to answer your questions about navigating the justice system and will sometimes even have court advocates to help you with the process. Click here to find help near you.
• If you have physical injuries that are lethal in nature, like strangulation or gunshot wounds, it is important to seek medical attention. You should also be aware that doctors and nurses in Tennessee are mandated to report any injuries that are considered lethal in nature to the police.

What to know when calling 911:

• Tennessee has a mandatory arrest policy if you’re in danger and call 911. The aggressor is supposed to be arrested, and placed on a 12-hour hold to give the victim time to seek services. But sometimes it can be hard for officers to discern who is the aggressor and who is the victim, which occasionally results in the person who made the call being arrested, or both people being arrested. Experts say this is infrequent and should be mitigated by officer training about who is the primary aggressor in this fight, and who is the predominant aggressor historically who has shown a pattern of abuse.

What legal options are on the table in Tennessee?

• An order of protection is a civil document – not a criminal process. It helps put in place protections in case the perpetrator continues to harass you or abuse you. While an order of protection is a civil process, it can result in criminal charges if it is violated. Many victims appreciate an order of protection because they have more control over what the order looks like. Temporary and full orders of protection follow you wherever you go – so if you leave the county or the state that order of protection still applies. You don’t need a lawyer to file an order of protection or for your order of protection hearing, but you may wish to — especially if the perpetrator has one.
  • Temporary order of protection: When you apply, your order will likely be temporarily granted. It gives you minimum protection until a full order can be issued by a judge. The temporary order is in place for 15 days from the time the person who abused you is served with the temporary order. A judge can order that person to give up their gun, if you have a concern about them using a firearm against you. This is up to judicial discretion. If that person calls you or contacts you or comes by your home while the temporary order is in effect, then that is a violation – though the punishment is much less than if you get the full order of protection. It’s common for the temporary order to get carried past the 15 day requirement.
  • Full order of protection: A full protection order is granted by a judge after a hearing, where you will be able to describe why you are requesting the order and present evidence to support your case. The perpetrator will also be allowed to speak about their perspective. If you don’t attend the hearing, the temporary order will expire and the full order won’t be granted. If the perpetrator does not attend the hearing, a judge may still grant you the protection order or reschedule the hearing. If you are granted an order of protection in full, it lasts for a longer period of time – typically a year – and you can call law enforcement any time the perpetrator violates the order by coming near you or contacting you. You are not required to carry your order of protection with you, but having it can help speed up the process of getting help, especially if you are outside the county in which you got the order. It is a crime to violate a protection order, and the order of protection allows police or local law enforcement to arrest the abuser without a warrant.
• Criminal charges: Can go hand in hand with an order of protection or stand alone. The accountability is decided by the state or district attorney, who will look at the person’s record and the severity of the incident. According to Tennessee’s bill of victims’ rights, victims are able to be heard at each stage of the criminal process and the district attorney’s office should take the victim’s wishes into consideration. However, the way a case proceeds once charges are filed is often determined by the district attorney’s office and then up to a judge or jury if the case goes to trial. Victims are required to come to court via a court-ordered subpoena and may be asked to testify if the case goes to trial. Prosecutors may also proceed using other evidence such as body worn cameras, pictures, 911 phone calls, witness testimony, and not include victim testimony.

If criminal charges are filed, you can sign up for a victim notification system called VINE. You will get texts regarding offender location, custody status changes, facility transfers, sentence expiration, release, and parole eligibility for offenders in the custody of the Tennessee Department of Corrections.