If you’re a parent in Franklin facing an assault charge, you’re likely overwhelmed by more than just the criminal justice process. Assault charges can have an immediate and lasting impact on your custody rights and your relationship with your children. At Larsen Law PLLC, we know firsthand how emotional and complex these situations can be. Our background in criminal defense and law enforcement gives us unique insight into the intersection between criminal allegations and family law in Tennessee. Let’s walk through how an assault charge can affect custody decisions and what steps you can take to protect your parental rights.
Can an Assault Charge in Franklin Impact My Custody Rights?
Even before a case goes to trial or a verdict is reached, just being charged with assault in Franklin can put your custody arrangement at risk. Tennessee family courts act quickly when child safety is perceived to be at stake. An assault arrest—whether or not it leads to conviction—often prompts judges to reevaluate the current custody or visitation arrangement. This can happen even if there’s only an allegation and no formal charges yet. Judges are required to make decisions based on what they believe is in your child’s best interest, which means any credible report of violence or threat can change the status quo.
It’s critical to understand the distinction between an allegation, an arrest, and a criminal conviction. You are presumed innocent until proven guilty in criminal court, but family court decisions run independently and can impose restrictions before the criminal process concludes. This might include limited visitation, supervised contact, or temporary loss of custody. Family courts in Franklin respond to alleged threats proactively, often placing protective measures before hearing your defense in full detail. You need to be aware of the rapid timelines and the importance of acting fast to share your side of the story through proper legal channels.
Being proactive is essential. Engaging a defense strategy that communicates your perspective clearly, responds to every allegation, and presents factual context is your strongest line of defense. The earlier you present evidence and a positive parenting history to the court, the greater your chance to avoid unfair or unnecessary loss of parenting time, even while charges are pending.
How Do Franklin & Tennessee Family Courts Decide Custody With Assault Allegations?
Tennessee’s “best interest of the child” standard, outlined in T.C.A. § 36-6-106, puts the child’s safety at the forefront of any custody dispute. In Franklin, family courts assess assault custody cases by examining whether a parent poses a direct or indirect risk to their child’s welfare. This includes looking at the context of the alleged assault, such as who was involved, whether the child was present, and any evidence of ongoing patterns of violence or abuse. Courts ask whether the alleged conduct suggests serious judgment issues or an unstable home environment.
Courts in Franklin use a lower standard of proof in custody hearings ("preponderance of evidence") than criminal courts ("beyond a reasonable doubt"). This means judges can act on concerns that seem more likely than not to be true, even if they aren’t proven in criminal proceedings. Both parents can submit evidence, call witnesses, and present their version of events, while the court examines police reports, family history, and statements from third parties such as educators and medical professionals.
False allegations can and do occur, especially in high-conflict custody battles. Tennessee courts are aware of this risk and will give both parents opportunities to present documentation and supporting evidence. In some cases, courts may order psychological evaluations or involve custody evaluators. The judge will also closely examine any criminal conduct’s direct impact on the child’s safety and emotional wellbeing before making a decision about custody or visitation rights.
Which Assault Charges Carry the Most Weight in Franklin Custody Disputes?
Not every assault charge has the same impact on custody. Franklin courts look at the severity, frequency, and context of the events. Misdemeanor assaults—including threats, minor altercations, or simple assault—may result in temporary or supervised visitation, especially if there’s no prior history of violence. Felony charges, such as aggravated assault or domestic violence with physical injury, are treated with much greater seriousness and can trigger immediate suspension of custody or visitation rights.
Domestic assault charges, particularly when the alleged victim is another parent or the child, typically carry the greatest risk to your custodial rights. Courts assess whether violence is isolated or part of a larger pattern, and whether the alleged misconduct indicates a persistent safety concern. Franklin judges review evidence like prior protection orders, documented incidents, and law enforcement interventions. A pattern of violence or repeat offenses can lead the court to restrict or even terminate parental access to the child.
Courts also consider any additional factors that signal risk, such as substance abuse or mental health challenges that may accompany violent behavior. If children witnessed or were directly exposed to an incident, that increases the court's concern. The more detail and context you can provide about the event—and your parenting background—the better defense you can establish when facing serious custody challenges related to assault charges.
What Types of Evidence Do Courts Review in Assault-Related Custody Cases?
Franklin family courts rely on a combination of documentary, testimonial, and circumstantial evidence when evaluating an assault custody matter. Key evidence often includes police reports, charging documents, and any prior criminal or civil court records. Judges also review medical records, photographs of injuries, and documentation like 911 logs if applicable. If injuries occurred, medical reports can help clarify the severity and context of an altercation.
Witness statements play a powerful role. Testimony or affidavits from neutral parties—such as neighbors, teachers, healthcare providers, or family friends—can help establish your parenting record or contest the substance of the allegations. Courts often consider communications like texts, emails, or social media posts to evaluate the context of the event and each parent’s behavior before and after the incident. Sometimes, the court will use input from custody evaluators, therapists, or court-appointed guardians, especially if the child’s direct safety or mental health is in question.
Parents accused of assault can also submit evidence of rehabilitation, participation in counseling, anger management, or parenting classes. Any proof of steps taken to promote family stability since the incident will help demonstrate your commitment to your child’s best interests. Submitting positive documentation early—before the family court rules on interim custody—can shift the court’s perception of your risk and reliability as a parent.
Can I Lose Custody on a Temporary Basis If Assault Charges Are Pending?
Yes, Tennessee family courts—including those in Franklin—have the authority to restrict or suspend parenting time on a temporary basis if they believe a child is at risk while assault charges are being investigated. These emergency, protective, or ex parte orders can be issued quickly and often with little or no notice, especially if the alleged victim or prosecutor presents credible evidence of danger. The purpose is to ensure a child’s immediate safety, not to punish the accused parent.
Temporary orders may result in:
- Supervised visitation where a neutral third party must be present
- Mandated counseling or parenting classes as a prerequisite to any contact
- Suspension of visitation rights until further review
- Restrictions on communication between parent and child
It’s also important to remember temporary does not always mean permanent. Courts revisit and adjust orders once criminal charges are resolved or additional facts are presented. A strong legal team that understands the processes of both criminal and family courts can help ensure your voice is heard and your rights preserved at every stage.
What Steps Can I Take Immediately to Defend My Custody Rights?
If you are dealing with assault charges in Franklin while in the midst of a custody dispute, time is truly of the essence. Taking the right immediate steps can profoundly affect both your criminal defense case and your standing in family court. Start by consulting a defense attorney who knows both the criminal and family law landscape in Tennessee. At Larsen Law PLLC, we utilize our deep experience to thoroughly analyze your charges, help you gather key records, and strategize across both court systems to give you the best chance at preserving your parental rights.
Proactive documentation helps your case. Begin by assembling all related documents, including any interactions with police, hospital records if there were injuries, and exchanges with your co-parent. A daily log detailing your contact with your child, steps you are taking to comply with legal directives, and positive parenting interactions will have significant value in court. Gather names and statements from third-party witnesses who can speak to your character, your parenting, or the circumstances of the alleged incident.
Your ongoing conduct is also under scrutiny. Avoid all direct confrontation or unapproved contact with your co-parent, especially in high-conflict situations. Comply with all orders, even if you believe they are unjust. Enroll voluntarily in parenting or anger management classes, as this shows an ongoing commitment to safety and self-improvement. By aligning your actions with your legal team’s strategic recommendations, you reinforce your reliability and commitment in both criminal and family courtrooms.
Are There Options to Retain or Regain Custody If I Am Convicted of Assault?
An assault conviction in Tennessee, even in Franklin, does not mean permanent loss of all parental rights. Family courts are guided first by safety, but are also tasked with fostering healthy parent-child relationships whenever possible. Your conduct after conviction can play a significant role in future custody outcomes. Completing all court-mandated counseling, treatment, or anger management classes is not just a requirement—it’s a substantive demonstration to the court of your willingness to address underlying issues.
Supervised visitation, staggered reunification, and incremental increases in parenting time may be available as you prove consistent safe behavior over time. Keep careful documentation of your progress—record certificates from classes, written evaluations from counselors, and a log of compliance with all court orders. Recommendations from mental health professionals, social workers, or supervised visitation monitors may support a petition for increased time with your child once you have shown sustained change.
Your relationship with your co-parent is also under review. Family courts often prioritize parents who can demonstrate constructive, civil communication about the child’s needs. Efforts at positive co-parenting, even post-conviction, will reflect well on your commitment to your child’s best interests. With persistence and careful planning, parents have successfully regained broader custody rights after showing real progress and a solid, safe family environment.
How Does Eric Larsen’s Law Enforcement Background Support Franklin Parents Facing Assault & Custody Challenges?
At Larsen Law PLLC, we bring a distinctive advantage to Franklin families dealing with both criminal charges and custody proceedings—an insider’s understanding of law enforcement, criminal investigation, and the realities of Tennessee family court. With a history in law enforcement and corrections, our approach includes anticipating how judges interpret police reports, protecting your rights if there are procedural missteps, and directly addressing concerns about your parenting or risk status.
Our unique experience allows us to coordinate criminal defense and child custody strategies. We build the strongest possible record in both courts, making sure the evidence the criminal court sees is also properly leveraged in your custody case, and vice versa. By taking a detailed approach early—investigating facts, interviewing witnesses, and preparing you for every hearing—we help you avoid the common pitfalls that can derail custody cases linked to assault allegations.
We understand how prosecutors, probation officers, and family evaluators analyze these cases, and we apply these insights to defend your rights as a parent. With our team, you don’t face conflicting advice or missed opportunities; instead, you receive a unified, coordinated defense that maximizes your opportunities for stability and ongoing parental involvement.
What Local Resources & Support Can Parents Find During Assault & Custody Proceedings in Franklin?
Facing both assault charges and a custody dispute can feel isolating, but community and legal resources exist to provide support while you work through the process. Franklin and Williamson County offer a range of options for parents, including supervised visitation programs, parenting classes, domestic violence prevention resources, and counseling tailored to families caught in high-conflict situations. Courts and local nonprofit organizations may also connect parents to mediation services or co-parenting education to facilitate safe communication.
Partnering with a legal team that integrates criminal defense and family law strategy gives you a powerful ally. At Larsen Law PLLC, our approach ensures you’re informed at every step, building a roadmap for both immediate and long-term outcomes. Our free consultation invites you to share your specific concerns in confidence, so we can evaluate your case and help you pursue a course of action that prioritizes protection, safety, and stability for you and your child in Franklin.
If you are concerned about assault custody issues in Franklin or have been served with papers or emergency orders, immediate action is crucial. Connect with our team at (615) 933-2454 to get the guidance, reassurance, and legal strategy you need at this turning point for your family.