Domestic assault charges in Tennessee are among the most common — and most misunderstood — criminal allegations. A single accusation can change your life overnight. Even if the situation was a misunderstanding, an accident, or simply a heated argument where no one was hurt, Tennessee law often treats domestic incidents more seriously than other types of assault.
Whether you are reading this because you or someone you know has been charged, or you want to better understand how domestic violence laws work in Tennessee, this article breaks down the law in plain English, explains the consequences, and outlines the options available to protect your future.
1. How Tennessee Defines Domestic Assault
Under Tennessee law, “domestic assault” is not a separate crime from assault — it is an assault involving people who meet a specific relationship definition. The law appears in Tenn. Code Ann. §39-13-111.
A charge may become “domestic” if the alleged victim is any of the following:
- Current or former spouse
- Dating partner
- Cohabitant
- Family member or relative
- Parent of a child
- Roommate or household member
You do not need to be married or living together for the charge to be domestic.
Why does this matter? Because domestic assault carries dozens of consequences that a normal assault does not.
2. Penalties for Domestic Assault in Tennessee
Domestic assault can be charged as either a Class A misdemeanor or Class B misdemeanor depending on the circumstances.
Class A Misdemeanor Penalties
- Up to 11 months, 29 days in jail
- Fines up to $2,500
- Mandatory domestic violence program
- Loss of firearm rights
- Potential probation and strict no-contact orders
Class B Misdemeanor Penalties
- Up to 6 months in jail
- Fines up to $500
Even first-offense domestic assault can result in significant jail time if the alleged victim suffered injury or the incident involved alcohol, children, or prior minor conflicts.
3. Immediate Consequences After an Arrest
Domestic cases trigger immediate action from police and judges — often before any details are fully investigated. This is why these charges are so damaging even when the truth is complicated or misunderstood.
No-Contact Orders
Nearly every domestic assault case includes an automatic no-contact order. This may mean you cannot:
- Return to your home
- Contact your spouse or partner
- See your children
- Retrieve personal belongings without police escort
Violating a no-contact order is a separate crime, even if the alleged victim initiates the contact.
Bond Conditions
Judges often impose conditions such as:
- Counseling
- Anger management
- GPS or curfew restrictions
- Alcohol monitoring
These conditions may apply even if the charge is disputed.
4. Domestic Assault Charges and Your Record
A conviction for domestic assault creates a permanent criminal record that cannot be expunged. This can affect:
- Employment
- Housing
- Professional licenses
- Background checks
- Firearm rights
- Child custody cases
This is why aggressively defending these cases is essential.
5. How Domestic Assault Cases Often Begin
Every domestic case is unique, but certain patterns occur frequently:
1. Alcohol-Fueled Arguments
Many cases involve verbal arguments where one party calls 911 out of fear or anger, not an actual assault.
2. Third-Party Reports
Neighbors, relatives, or children may report a disturbance, leading police to arrest someone even when both parties deny violence.
3. Breakups or Custody Disputes
Sometimes allegations occur during contentious custody battles or relationship breakdowns.
4. Miscommunication and Exaggeration
A shove, grab, or attempt to restrain someone may be labeled as “assault,” even if there was no intent to harm.
5. Mandatory Arrest Policies
Tennessee law strongly encourages arrest in domestic situations to defuse conflict — meaning officers often arrest whoever they believe is the primary aggressor, even if evidence is unclear.
6. Common Defenses in Tennessee Domestic Assault Cases
A charge is just an allegation — not a conviction.
Experienced defense attorneys evaluate evidence, witness credibility, officer conduct, and legal procedures to build a defense.
Here are the most common defenses:
Self-Defense
If you reasonably believed you were about to be harmed — and used only the force necessary to protect yourself — the law may justify your actions.
Defense of Others
Many cases involve protecting children or family members.
Lack of Intent
Accidental contact or unintentional injury is not assault.
Mutual Combat / No Primary Aggressor
When both parties were involved, the police may have made the wrong call about who was the primary aggressor.
False or Exaggerated Allegations
This often occurs in:
- Custody battles
- Divorce disputes
- Relationship breakdowns
- Situations where one party wants control of the home
Recanting or Uncooperative Witnesses
Victims may later correct the record, though the State can still choose to prosecute.
Inconsistent Statements
If body cam, 911 audio, or witness accounts don’t match the accusation, credibility becomes an issue.
7. What Happens at Court
Domestic assault cases typically involve:
Arraignment
Your first appearance, where the charges are read and your rights are explained.
Evidence Review
Your attorney obtains bodycam footage, statements, photos, and reports.
Negotiations
Some cases resolve through:
- Dismissals
- Reduced charges
- Deferred programs such as Retirements or Diversions
- Anger management agreements
- Conditional drop agreements
- Hearing or Trial
If the case does not resolve, you have the right to fight the charge before a judge or jury.
8. Why Hiring an Attorney Immediately Matters
Because domestic assault cases move fast, early action makes a major difference, including:
- Preventing or modifying no-contact orders
- Preserving evidence
- Gathering witness statements
- Challenging the State’s narrative before it hardens
- Negotiating better outcomes early
You only get one chance to make a strong first impression in these cases.
9. Final Thoughts: Protecting Your Rights & Future
Domestic assault charges in Tennessee are serious, but they are defensible.
A single argument or misunderstanding should not define your entire future.
An experienced defense attorney can help you:
- Understand your rights
- Build a strong defense
- Seek dismissal or reduction
- Navigate orders of protection
- Protect your home, family, and future
If you’ve been charged with domestic assault in Montgomery County or surrounding areas, don’t wait for the case to “work itself out.” These cases rarely improve without strong legal representation. At Goble & Yow, PLLC, we will fight for you!