Domestic assault is one of the most commonly charged offenses in Tennessee — and also one of the most misunderstood. A single allegation can result in an arrest, a no-contact order, loss of firearm rights, child custody problems, and a permanent criminal record that cannot be expunged. Yet many people charged with domestic assault didn’t commit a violent act at all: the incident may have been a misunderstanding, an argument, a false accusation, or the result of heightened emotions in a tense situation.
This guide breaks down Tennessee domestic assault law as it stands in 2025, explains the consequences you may face, and details the defense strategies that can protect your rights.
1. What Is Domestic Assault Under Tennessee Law?
Domestic assault is defined by combining the general assault statute (Tenn. Code Ann. §39-13-101) with the domestic relationship definition in §39-13-111.
An assault becomes domestic when the alleged victim is:
- A current or former spouse
- A dating partner
- Roommate or cohabitant
- Related by blood or marriage
- A person with whom you share a child
- Anyone in a similar domestic or intimate relationship
This means the “domestic” label is about the relationship, not the severity of the allegations.
2. Types of Domestic Assault in Tennessee
There are several ways a domestic assault charge may arise:
Physical Assault
Any intentional or reckless bodily injury.
Fear or Threat-Based Assault
Causing someone to reasonably fear immediate bodily injury — even without actual physical contact — can be charged.
Offensive Contact
Touching someone in an extremely rude or provoking manner.
3. Penalties for Domestic Assault
Domestic assault can be charged as either:
A Class A Misdemeanor
Penalties include:
- Up to 11 months, 29 days in jail
- Fines up to $2,500
- Probation
- Domestic violence counseling
- No-contact orders
- Loss of firearm rights
A Class B Misdemeanor
Less common; applies to offensive contact allegations.
Penalties include:
- Up to 6 months in jail
- Fines up to $500
4. Collateral Consequences — Where the Real Damage Happens
Beyond the criminal penalties, domestic assault carries consequences that can follow you for life:
- Firearm ban: A conviction results in permanent loss of gun rights under state and federal law.
- Employment issues: Many employers terminate or refuse employment.
- Custody and divorce: Judges must consider domestic violence findings in parenting decisions.
- Background checks: Domestic assault cannot be expunged.
- Housing: Many landlords deny applicants with domestic convictions.
Even if you are innocent, an arrest alone can create serious problems.
5. “No-Drop” Policy: Why the Prosecutor May Not Dismiss the Case Even if the Alleged Victim Wants To
Many people assume that if the alleged victim recants, the case will be dropped. That is not how Tennessee domestic assault cases work.
What is the No-Drop Policy?
In Tennessee, most District Attorney offices use a “no-drop” approach in domestic cases. That means:
- The State, not the victim, controls the case
- The prosecutor can continue even if the victim wants to dismiss
- The prosecutor may subpoena the victim to testify
- The court may issue material witness warrants
This policy exists because prosecutors believe victims sometimes feel pressured to recant.
However — recantations are still important
If the alleged victim recants, it can be used to:
- Undermine credibility
- Provide grounds for dismissal
- Strengthen defense negotiations
- Challenge probable cause
An attorney can guide this process safely and effectively.
6. How Domestic Assault Cases Begin
Domestic calls often escalate quickly — and Tennessee’s “preferred arrest” laws mean that police are encouraged to arrest someone if they believe domestic violence has occurred.
Typical scenarios include:
Alcohol-Fueled Arguments
Many domestic cases involve drinking, stress, or miscommunication.
False or Exaggerated Allegations
Common during breakups, divorces, or custody disputes.
Self-Defense Situations
The wrong person is sometimes arrested despite being the one defending themselves.
Third-Party 911 Calls
Neighbors or relatives call the police, even when no one in the home wants law enforcement involved.
Misinterpretation by Officers
A loud argument or emotional moment may be mistaken for an assault.
7. What Happens After the Arrest?
Domestic assault cases trigger a series of court procedures:
No-Contact Order
Usually automatic, even if the couple lives together.
You may be prohibited from:
- Returning home
- Calling or texting
- Discussing anything with the alleged victim
- Seeing your children until court
Even if the alleged victim initiates contact, you can be arrested for violating the order.
Bond Conditions
May include:
- Alcohol monitoring
- GPS monitoring
- Counseling
- Staying away from certain locations
First Court Appearance
You are informed of the charges and the no-contact order is confirmed.
Discovery (Evidence Review)
Your attorney receives:
- Bodycam footage
- 911 recordings
- Photos
- Statements
- Police reports
- Medical records
- Witness interviews
Often, the evidence tells a very different story than what was assumed at the scene.
Possible Outcomes
- Dismissal
- Reduction (e.g., to disorderly conduct)
- Diversion
- Anger management programs
- Trial
The best outcome depends on the facts, the evidence, and defense strategy.
8. Most Effective Defenses in Tennessee Domestic Assault Cases
Domestic violence cases are highly dependent on credibility, context, and evidence. The following are common defense strategies used by experienced attorneys:
Self-Defense
If you acted to protect yourself or someone else (like a child), this is a complete defense.
2. False Allegations
Common motivations include:
- Gaining leverage in custody disputes
- Retaliation
- Jealousy
- Anger
- Misunderstanding
Text messages, witness testimony, and bodycam footage often contradict false claims.
Lack of Intent
Assault requires intent. Accidental contact or unintentional actions do not meet the legal standard.
Mutual Combat
If both parties were engaged in the conflict, the State may have difficulty proving a one-sided assault.
Insufficient Evidence
If the State cannot prove the allegation by a preponderance of the evidence, the case must be dismissed.
Inconsistencies in the Allegations
If the alleged victim’s story changes, contradicts itself, or is inconsistent with the physical evidence, this can severely weaken the case.
Abuse of the Legal System
Judges are aware that some people misuse Orders of Protection or domestic allegations to gain leverage in unrelated legal matters.
Domestic Assault and Firearm Rights
A domestic assault conviction results in:
- Permanent loss of your right to possess firearms in Tennessee
- Prohibition under federal law (Lautenberg Amendment)
- Loss of carry permit
- Serious career consequences for military and law enforcement
This is especially significant for Fort Campbell service members.
The only way to preserve firearm rights is to avoid a domestic assault conviction.
10. Why Early Legal Representation Matters
Domestic assault cases move quickly. The first few days after an arrest are critical.
An attorney can:
- Seek modification of the no-contact order
- Preserve key evidence (texts, voicemails, surveillance footage)
- Advise on communication boundaries
- Challenge false allegations early
- Negotiate dismissal options
- Prepare for trial if necessary
Without representation, you risk damaging your own case through unintentional statements or interactions.
11. What to Do (and Not Do) After a Domestic Assault Arrest
Do:
- Save all texts, messages, and evidence
- Follow the no-contact order strictly
- Stay off social media
- Consult an attorney immediately
- Document your version of events privately
Do Not:
- Contact the alleged victim
- Try to negotiate privately
- Discuss your case with police
- Post anything online about the incident
- Assume the case will be dismissed just because the victim recants
12. Final Thoughts
Domestic assault charges are serious, but they are defensible. Many people charged with domestic assault are not violent individuals—they are good people caught in a misunderstanding, a moment of conflict, or a false allegation.
Understanding your rights, avoiding mistakes, and getting strong legal representation early can dramatically improve your outcome.
If you or someone you know is facing a domestic assault charge in Montgomery County or anywhere in Tennessee, don’t wait. Early action is the best way to protect your record, your rights, and your future.