A domestic assault arrest can turn your life upside down quickly. You may be told you can't return home or contact your spouse or partner, and suddenly you're trying to figure out what happens at court, whether you're going to jail, and how a conviction could affect your future. In some cases, the police were called during an argument and the people involved have very different accounts of what happened.
Herbert & Lux represents people charged with domestic assault throughout Middle Tennessee, including Nashville, Davidson County, Williamson County, Rutherford County, Wilson County, Sumner County, and surrounding communities. Whether you're facing a first-time charge or have been accused of domestic violence before, our attorneys can help you understand the allegations, review the evidence, and prepare for what comes next. You'll work directly with the attorneys handling your case, with an opportunity to explain your side of what happened.
Can You Be Charged With Domestic Assault Without Physical Injuries?
Yes. Tennessee law does not require someone to have visible injuries for a domestic assault charge to be filed. Assault can involve causing bodily injury, making someone reasonably fear immediate bodily injury, or certain types of unwanted physical contact. When the allegation involves a spouse, dating partner, former partner, family member, or another relationship covered by Tennessee's domestic abuse laws, the charge may be treated as domestic assault.
Police also don't have to witness the incident themselves. An arrest may be based on statements from the people involved, what officers observe when they arrive, photographs, or other evidence. That means a case can begin even when there is no video of the incident or an independent witness who saw what happened. The question is whether the evidence actually supports the charge, and that's something Herbert & Lux examines carefully.
What Happens After a Domestic Assault Arrest in Middle Tennessee?
After an arrest, you may be held until a judge or magistrate addresses your release. The court may set bond conditions that restrict contact with the person involved or prevent you from returning to a shared home. These restrictions can be especially difficult when you have children together, share a residence, or need to communicate about everyday responsibilities. Even if the other person reaches out first, you should follow the court's instructions until the restrictions are formally changed.
Domestic assault cases generally begin in the local court system, although the process and court structure vary by county. You may have several appearances while the evidence is reviewed and the case moves toward a resolution or trial. Herbert & Lux helps clients understand their court dates and release conditions while reviewing police reports, witness statements, photographs, messages, and available recordings. What happened before officers arrived can be just as important as what was written in the arrest report.
Is Domestic Assault a Misdemeanor or Felony in Tennessee?
Many domestic assault charges are misdemeanors, but the penalties can still be serious. A Class A misdemeanor can carry up to 11 months and 29 days in jail, while a Class B misdemeanor carries a shorter maximum sentence. The classification depends on the conduct alleged, and certain circumstances can lead to more serious charges.
Repeat domestic assault convictions can carry mandatory jail time. Tennessee law also provides enhanced penalties for certain offenses involving strangulation or attempted strangulation. A conviction may affect firearm possession rights, employment opportunities, and other parts of your life long after the court case ends.
If you're facing a first-time domestic assault charge, don't assume you'll automatically go to jail or that the case will be dismissed because you have no prior record. The outcome depends on the specific charge, the evidence, and your circumstances. Our attorneys review those details before discussing possible resolutions.
Can Domestic Assault Charges Be Dropped if the Other Person Changes Their Mind?
One of the most common questions we hear is whether domestic assault charges will go away if the person who called the police no longer wants to pursue the case. In Tennessee, the prosecutor generally decides whether a criminal charge moves forward, not the person who originally reported the incident.
Sometimes the people involved reconcile, or the person who made the accusation later provides a different account. Prosecutors may still rely on police observations, photographs, recordings, witness statements, or other evidence. At the same time, inconsistencies in the allegations can be important when evaluating whether the prosecution can prove its case.
Herbert & Lux looks at the full picture rather than relying on the initial police report alone. We review the available evidence, discuss what it means for your defense, and help you understand the possible paths forward.
Can You Claim Self-Defense in a Domestic Assault Case?
Self-defense may apply when someone uses force because they reasonably believe it is immediately necessary to protect themselves from another person's unlawful force. In domestic assault cases, both people may claim the other started the confrontation, and officers often have to make decisions based on incomplete information.
We examine the sequence of events, any injuries, messages exchanged before or after the incident, witness accounts, and available video or photographs. In some cases, the issue is whether the accused was acting in self-defense. In others, it may be whether the allegations are supported by reliable evidence or whether the prosecution can prove the required elements of the offense.
Domestic assault allegations can also arise alongside other domestic violence charges, and the defense needs to account for every charge and restriction involved. Herbert & Lux works with clients to understand the facts and identify which legal issues matter in their particular case.
What if You Also Have an Order of Protection?
A criminal domestic assault charge and an order of protection are separate legal matters, even when they arise from the same incident. You may face restrictions on communication, access to your home, or contact with family members while the criminal case is still pending.
If you've been served with an order of protection, you may have a separate hearing where the court considers whether the restrictions should remain in place. It's important to follow the terms of the order, even if the other person says they want to reconcile or invites you to contact them.Â
Talk to a Domestic Assault Attorney Serving Middle Tennessee
If you've been arrested for domestic assault or are under investigation, Herbert & Lux can help you understand the charges and what to expect from the court process. We represent clients in Nashville, Franklin, Murfreesboro, Lebanon, Gallatin, Hendersonville, Springfield, and communities throughout Middle Tennessee.
Our attorneys work directly with clients, review the evidence behind the allegations, and help them make informed decisions about their defense. Whether the case involves a first-time accusation, conflicting accounts of an argument, or more serious allegations, we take the time to understand what happened before recommending a strategy.
Contact Herbert & Lux to discuss your domestic assault case with our attorneys.
