If you've just been arrested for domestic violence in Tennessee, you probably have a lot of questions. How long will you be in jail? Can you go home afterward? What happens at your first court date? And if you've never been arrested before, does that make a difference?
A first domestic violence arrest can be confusing, especially when the police were called during an argument and you weren't expecting anyone to be taken into custody. Even after you're released, you may have restrictions on where you can go or who you can contact.
Here's what you should know about the process and what you can do before your case goes to court.
How Long Do You Stay in Jail After a Domestic Violence Arrest in Tennessee?
After an arrest, you'll generally be booked into jail and have your release conditions addressed by a judge or magistrate. Depending on the circumstances, you may be able to post bond and leave before your first scheduled court appearance.
You may have heard that everyone arrested for domestic violence in Tennessee has to stay in jail for 12 hours. That's not necessarily true. Tennessee has special holding rules for certain domestic violence-related offenses, particularly cases involving serious injuries or weapons. In some qualifying aggravated assault cases, the court may impose a longer hold.
The amount of time you spend in custody depends on the charge, the facts of the arrest, and the court's decisions about your release. Having no prior criminal record may be relevant, but it doesn't guarantee immediate release.
Can You Go Home After Being Released From Jail?
Possibly, but you need to check your paperwork before returning home.
A judge may set bond conditions that prevent you from contacting the person involved in the incident or returning to a shared residence. These conditions can apply even when the other person wants you to come home or says the argument has been resolved.
That can be especially difficult if you share children, a vehicle, or a home. Before making arrangements to collect belongings or communicate about family responsibilities, find out exactly what your release conditions allow.
You may also be served with a separate order of protection, which can place additional restrictions on contact or access to certain locations. An order of protection and criminal bond conditions are not the same thing, so it's important to understand both if they apply to you.
What Happens at Your First Domestic Violence Court Date?
Your first court date is generally not a trial where you have to prove your innocence. It's an early step in the criminal process, and what happens depends on the county, the charge, and how the case has been scheduled.
In Davidson County, many misdemeanor domestic assault cases begin in General Sessions Court. Other Middle Tennessee counties have their own court procedures, and felony cases may involve additional hearings before they move forward.
At this stage, your attorney can begin reviewing the allegations, requesting available evidence, and discussing what needs to happen next. There may be more than one court appearance before the case is resolved, and you shouldn't assume that everything will be decided at the first hearing.
If you've never been through the criminal court system before, Herbert & Lux can explain what to expect and help you prepare for your court dates. We represent people facing domestic violence charges throughout Middle Tennessee, including those dealing with their first arrest.
Will You Go to Jail for a First Domestic Violence Offense?
An arrest doesn't automatically mean you'll be convicted or sentenced to jail. The possible penalties depend on the charge and what happens in court.
Many first-time domestic assault cases involve misdemeanor charges, but some allegations can lead to felonies. A Class A misdemeanor in Tennessee can carry up to 11 months and 29 days in jail, although that is the maximum possible sentence, not what everyone receives.
A conviction can also bring fines, probation, counseling requirements, and consequences involving firearm rights. Having a clean record may matter when your attorney evaluates the case, but the evidence and the specific charge are just as important.
If you're facing a first-time domestic assault charge, it's worth understanding the possible consequences before deciding how to handle the case.
What Should You Do Before Your Next Court Date?
Once you're released, focus on understanding the restrictions and keeping track of anything that may matter to your case. Read your bond paperwork, make sure you know when and where to appear, and follow any no-contact conditions. Even if the other person reaches out to you, that doesn't automatically mean you're allowed to respond.
You should also write down what you remember about the incident while it's still fresh. If there are messages, photographs, or other records that help explain what happened, preserve them. Avoid posting about the arrest on social media or trying to persuade witnesses to change their accounts.
If you believe the police misunderstood the situation or arrested the wrong person, those concerns are worth discussing with an attorney. Tennessee law directs officers responding to competing domestic abuse allegations to consider who was the primary aggressor, including whether someone acted in self-defense. The initial arrest is not the final decision about guilt.
Questions About Your First Domestic Violence Arrest? Call Herbert & Lux
If you've never been arrested before, you may not know which questions to ask or what to expect from the court process. You might be most worried about getting back home, keeping your job, or whether the charges can be dismissed. Those are all reasonable things to discuss before your next hearing.
Herbert & Lux offers free consultations by phone for people facing domestic violence and domestic assault charges throughout Middle Tennessee. Our attorneys can listen to what happened, explain the next steps, and help you understand your options.
Call Herbert & Lux for a free phone consultation about your case.
