A disagreement at home can lead to a domestic violence arrest, even when the people involved have very different accounts of what happened. You may be worried about going to jail, being kept away from your family, or having a criminal charge affect your job and future.
If you've been accused of domestic violence in Nashville, Herbert & Lux can help you understand the charges and what happens next. We represent people facing domestic assault allegations, criminal investigations, and related charges throughout Middle Tennessee.
Whether police have already made an arrest or you've learned that someone has accused you of abuse, it's important to understand your options before making decisions that could affect your case.
What Happens After a Domestic Violence Arrest in Tennessee?
After a domestic violence arrest, you may be taken into custody and required to appear before a judge or magistrate before being released. Depending on the circumstances, the court may impose bond conditions that restrict contact with the person who made the allegation.
Those restrictions can affect everyday life. You may be unable to return to a shared home, contact your spouse or partner, or communicate about family matters in the way you normally would. Even if the other person wants to speak with you, violating a court order can create additional legal problems.
Many domestic assault cases in Nashville begin in Davidson County General Sessions Court. The case may involve several appearances while attorneys review the evidence, discuss possible resolutions, or prepare for further proceedings.
Herbert & Lux helps clients understand their court dates, release conditions, and what to expect as the case moves forward. We also review what led to the arrest, including statements from those involved, police reports, photographs, and available recordings.
What Counts as Domestic Assault in Tennessee?
In Tennessee, domestic assault generally involves an alleged assault against someone who falls within a relationship category covered by the state's domestic abuse laws. This can include a current or former spouse, dating partner, family member, or someone who lives or previously lived with the accused.
An assault charge does not always require a serious injury. Depending on the allegations, it may involve unwanted physical contact, bodily injury, or conduct that caused someone to reasonably fear immediate bodily injury.
Some domestic assault charges are misdemeanors, while allegations involving serious injuries, strangulation, or a deadly weapon may lead to more serious felony charges. The specific facts and the offense charged determine the potential penalties.
Can Domestic Violence Charges Be Dropped if the Other Person Changes Their Mind?
Not automatically. Once police make an arrest and prosecutors file charges, the person who reported the incident generally cannot dismiss the criminal case on their own.
A person may later say the incident was misunderstood, ask prosecutors not to proceed, or provide a different account. Prosecutors can still decide to continue the case using other evidence, such as photographs, recordings, witness statements, or statements made to police.
If the allegations have changed, Herbert & Lux can examine those developments alongside the rest of the evidence. We do not assume that a case will disappear simply because the people involved have reconciled.
What Are the Penalties for Domestic Violence in Tennessee?
A misdemeanor domestic assault conviction can carry jail time, fines, probation, and other court-ordered conditions. More serious allegations may result in felony charges and substantially longer prison sentences.
The consequences can also extend beyond the courtroom. A qualifying domestic violence conviction may affect firearm possession rights, employment opportunities, and other areas of your life. If children or a shared home are involved, separate custody or protection-order proceedings may create additional concerns. For someone facing a first-time domestic violence charge in Tennessee, the outcome depends on the specific allegation, the available evidence, and any prior criminal history. There is no single sentence or resolution that applies to every case.
How Can Herbert & Lux Defend a Domestic Violence Charge?
Domestic violence cases often involve conflicting statements and events that happened without independent witnesses. The police may have arrived after an argument ended, leaving officers to piece together what happened from injuries, statements, and what they observed at the scene.
Herbert & Lux examines whether the evidence supports the charge and whether important details were overlooked. Text messages, photographs, witness accounts, security footage, and the sequence of events may help clarify what happened. In some cases, self-defense or mistaken identity may be relevant. In others, the central question may be whether the prosecution can prove the alleged conduct.
Our attorneys also review how police conducted the investigation and whether statements or other evidence were obtained lawfully. We discuss the strengths and weaknesses of the case with our clients so they understand the options before deciding how to proceed. At Herbert & Lux, you work directly with the attorneys handling your case. We take the time to hear your account, review the available evidence, and prepare for the hearings and decisions ahead.
What if You're Served With an Order of Protection?
A domestic violence accusation may also lead to an order of protection. This is separate from a criminal charge and can restrict contact with another person, access to a shared residence, and other activities. If you've been served with an order of protection in Tennessee, read the restrictions carefully and follow them, even if you disagree with the allegations. Contacting the other person because they invited you to do so does not necessarily protect you from being accused of violating the order.
Herbert & Lux represents people responding to orders of protection and can help them prepare for a hearing. These proceedings may move quickly, so it is important to address the paperwork and hearing date promptly.
Speak With a Nashville Domestic Violence Attorney at Herbert & Lux
If you're under investigation, have been arrested for domestic assault, or are facing domestic violence charges in Nashville, Herbert & Lux can help you understand what you're facing and what steps come next.
We defend clients in Davidson County and throughout Middle Tennessee, including Williamson, Rutherford, Wilson, Sumner, and Robertson counties. Our attorneys work directly with clients and focus on the evidence, the charges, and the options available in each case.
Contact Herbert & Lux to discuss your domestic violence case and speak with our attorneys about your defense.
