In his State of the State Address, Tennessee Governor Bill Haslam said that there should be mandatory jail time for repeat domestic violence offenders.

Domestic violence is a significant problem in Tennessee; it also can be a significant issue in Tennessee divorce, child custody and visitation cases.

Family domestic violence is an act against a family member that involves:

  • Intentionally, knowingly or recklessly causing bodily injury
  • Intentionally, knowingly or recklessly causing reasonably fear of imminent bodily injury
  • Intentionally or knowingly causing physical contact that a reasonable person would regard as extremely offensive or provocative.

Domestic violence can influence the entire landscape of a divorce. For example, in most family law cases, divorce mediation is strongly discouraged if there is a prior court finding of domestic abuse.

Domestic violence can also greatly impact parenting plans, child custody and visitation orders. Courts will look to minimize the impact of domestic violence on children through restrictive visitation schedules.

This is one area where judges often determine that joint custody is not in the best interests of children. In 1990, the U.S. Congress created a statutory presumption that it is detrimental to place a child in the custody of an abusive parent. Furthermore, if a parent has been convicted of certain sexual offenses, Tennessee law requires the court to restrain the parent from contact with the child. Of course, time in jail for domestic violence will also impact child custody and visitation.

While Governor Bill Haslam works on increasing the criminal penalties for domestic violence, divorce lawyers in Tennessee continue to work to help victims of domestic violence and those facing allegations of domestic violence fight for their interests - and the best interests of their children - in divorce, child custody and visitation cases.

Source: WVLT, "More jail time for domestic abusers on the Governor's agenda," Sara Shookman, Feb. 1, 2012