Domestic assault cases move quickly and can carry serious, long‑term consequences for the person charged.
Dealing with a domestic assault charge requires an understanding of how these cases work and what rights you have. Here is just a portion of what you should know.
Mandatory arrest rules typically apply
Generally, Tennessee requires officers to make an arrest when they have probable cause to believe domestic assault has occurred. This sometimes means being arrested even when the i is unclear.
Officers may identify a “primary aggressor” based on injuries, statements or what they observe at the scene. The alleged victim cannot reverse an arrest decision made at the scene by law enforcement.
No‑contact orders are automatic and strictly enforced
After an arrest, courts typically issue an immediate no‑contact order that prohibits communication with the alleged victim, even if they initiate contact. Violating the no-contact order can lead to new criminal charges and additional jail time. Defendants must follow the order exactly until a judge modifies or lifts the requirement.
Recanting may not bring an end to the case
Prosecutors can continue a domestic assault case even if the alleged victim later changes their statement. Because the case belongs to the government and not the victim, recanting rarely results in dismissal on its own. The state may rely on 911 recordings, officer observations, photographs or witness accounts to press forward with charges.
Several defense options may apply
Some potential defenses to domestic assault cases include self‑defense, defense of others, lack of intent or false allegations. A careful legal review of the evidence and the circumstances leading to the arrest can help you establish a sound defense strategy.