If you’re reading this, you may have just spent the night in jail, been told you can’t go home, or learned that a warrant is out. Domestic assault cases move fast in Tennessee, and the decisions made in the first few days often matter most. Kane, Crowell, Johnson, Costley & Vasek, PLLC defends people charged with domestic assault in Wilson, Macon, Smith, Trousdale, Rutherford, Sumner, Davidson, and DeKalb counties.
What Tennessee Considers “Domestic” Assault
Domestic assault is an ordinary assault charge with a relationship attached. That relationship covers more people than most realize. It includes current and former spouses, people who live or once lived together, and people who are dating, used to date, or had a sexual relationship. It also includes relatives by blood, adoption, or marriage. An argument with a brother, a former in-law, or a roommate can lead to the same charge as one with a spouse.
What Happens After an Arrest
Tennessee officers are generally expected to make an arrest when they believe domestic abuse occurred. Afterward, the law usually requires a 12-hour hold before release. In some cases, such as alleged strangulation, serious injury, or the use of a weapon, that hold can be extended. Release almost always comes with bond conditions. A common one bars any contact with the alleged victim, which can keep you out of your own home or away from your children. Violating those conditions can lead to new charges, even if the other person reached out first.
It’s also important to understand that the State brings the case, not the alleged victim. A spouse or partner deciding they don’t want to “press charges” does not by itself end the prosecution.
Why These Charges Deserve Serious Attention
A domestic assault conviction carries consequences far beyond a fine or probation:
- Firearms. Federal law bars anyone convicted of a misdemeanor crime of domestic violence from possessing guns or ammunition. Tennessee also requires a person who is convicted to give up their firearms within 48 hours. For hunters, gun owners, and anyone whose job requires carrying a weapon, this can be life-changing.
- Plea deals. A plea to simple assault does not automatically avoid the firearm ban. The federal ban can still apply if the facts show a domestic relationship. How a plea is structured matters.
- Repeat offenses. Penalties increase with later convictions, and a third conviction of the bodily-injury type is a felony. A plea today can affect the sentence in a future case.
- Family court. A pending charge, a bond condition, or an order of protection can all affect a divorce or custody case, even though each is a separate proceeding.
How We Handle These Cases
We start with the facts: the police report, the 911 call, photos, body-camera footage, and any statements taken at that time. We also look at what happened before the incident, because these cases often involve a breakup, a custody fight, or claims that both sides made against each other. Where it helps, we track down and interview witnesses before the hearing.
Depending on the facts and your history, the right outcome may be a dismissal, a reduced or amended charge, judicial diversion, or a trial. We’ll tell you plainly which options are realistic and what each one means for your record and your rights. That includes your rights regarding firearms.
We also coordinate with any related order of protection or family court matter. These cases are separate, but what you say in one can be used in another.
Frequently Asked Questions
Should I talk to the police?
Not before talking to a lawyer. If you’re under investigation and haven’t been charged, call us first if you can. Often there isn’t time. If you’ve already given a statement, tell us what you said so we can plan around it.
Can I contact the other person?
Check your bond paperwork before you do anything. If it includes a no-contact condition, follow it exactly. That means no texts, no calls, and no messages passed through friends, even if the other person contacts you.
Can the alleged victim drop the charges?
No. The decision belongs to the State. The alleged victim’s wishes can still matter to how the case is resolved, and we can address that appropriately.
Will I lose my guns?
A conviction will very likely trigger a federal firearm ban. That is why the way a case is resolved matters so much. Talk with us before accepting any plea offer.
Is diversion an option?
It may be. Eligibility depends on your record and the facts, and the judge has discretion even when you qualify. We’ll tell you honestly whether it’s realistic in your case.
What counties do you cover?
Wilson, Macon, Smith, Trousdale, Rutherford, Sumner, Davidson, and DeKalb.
Talk With Us Before Your First Court Date
Early action protects your options. Call Kane, Crowell, Johnson, Costley & Vasek, PLLC at (615) 784-4800 or request a consultation to talk about your case.
