What happens after a Domestic Assault Arrest in Tennessee?

A domestic assault charge can be life-altering and stressful. Law enforcement officers are often called to the scene by a family member/friend/roommate to “de-escalate” a situation. However, in Tennessee, by statute, law enforcement officers SHALL determine the primary aggressor and charge them as such. This involves an arrest, a twelve-hour hold, and a no-contact order.

Our attorneys understand the emotional consequences of these charges, and we focus exclusively on finding the best solution through our experience in defending criminal cases.

We offer a step-by-step process for defending the charges. First, you should expect to consult with one of our attorneys. This consultation is free and confidential. We will discuss different strategies and defense theories based on the facts of your case. Next, we will investigate the matter and attend court with you. We value spending time with our clients to better understand their situation and look towards the best possible outcome.

Can the alleged victim drop a Domestic Assault Charge in Tennessee?

The alleged victim plays a vital role in the prosecution of many Domestic Assaults in Tennessee. Many times, the District Attorney’s Office in the county will have a Victim Witness Coordinator reach out to the alleged victim and discuss the options for moving forward.

Can I go home after a Domestic Assault Arrest/Charge in Tennessee?

After being charged with Domestic Assault, there are certain conditions of bond or pretrial release that will be documented on the paperwork. More often than not, the party that was charged with the offense cannot return home or to the location where the alleged victim is located without modifications to those orders (which must be accomplished through the Court system).

As a condition of bond in Blount County specifically, you will likely be placed on Pre-Trial release. This means that upon your release, you must report to Pre-Trial Probation located just across the parking lot from the jail. If you are released after 4:30 p.m., you will likely need to report the following morning at 8:00 a.m. Many times, people do not report to pre-trial probation and automatically receive a “Violation of Pre-Trial Release.”

GPS Monitoring in Blount County

If you/your loved one is charged in Blount County, Tennessee, they will be required to wear a GPS device as a condition of bond. Outside of Blount County, the requirement of GPS monitoring may be determined on a case-by-case basis. Information regarding ProntoTrak (the GPS monitoring company) will be available to your loved one in jail. Depending on the time of arrest, the GPS monitoring device may not be available for outfitting until the following day or Monday if it occurs over the weekend.

GPS monitoring also provides an “exclusion zone.” This is an area in which the charged individual cannot travel through or enter while on GPS/pre-trial probation. This exclusion zone may include the schools, employment, homes, etc. of the alleged victim. It is very important to remain aware and refrain from entering these zones because this can cause a “Violation of Pre-Trial Release” release to issue.

What is a “Violation of Pre-Trial Release?”

Pre-trial release violations may include entering an exclusion zone, missing required appointments, or failing drug or alcohol screenings, including when substance levels do not decrease. If your Pre-Trial Release Officer issues a warrant for a violation, you or your loved one will likely be held without bond until a court hearing. Bond and violation procedures often vary by county. Contact our office immediately to discuss the potential consequences.

Will I Lose My Gun Rights After a Domestic Assault Charge in Tennessee?

Potentially, you may lose your gun rights if you are convicted of Domestic Assault in Tennessee. Any conviction involving a domestic assault charge could invoke the firearm prohibition. If you enter a guilty plea on diversion, your right to possess firearms will likely be terminated ONLY during the term of your diversion.

What are the potential penalties?

Domestic Assault - Class A Misdemeanor:

Potential Penalties:

• Up to 11 months and 29 days in jail or supervised probation

• Fines up to $2,500.00

• 12-hour hold before release

• Automatic no-contact order

• May result in firearm probation

Aggravated Domestic Assault - (C Felony):

Potential Penalties:

• 3 to 15 years in prison

• Fines up to $15,000.00

• Mandatory no-contact order

• Mandatory GPS monitoring

• Permanent loss of gun rights

What is a Judicial Diversion?

A judicial diversion is a legal vehicle for withholding a plea for eligible misdemeanor offenses and some felony offenses. However, it is not applicable to Aggravated Assault. If you are eligible and are granted judicial diversion, you enter a guilty plea, but the court holds the conviction. Once the term of your diversion/probation is complete, the charge is dismissed, and your record is eligible for expungement.