A domestic violence charge in Tennessee carries consequences that reach far beyond the courtroom. Even a first-offense misdemeanor can cost you the right to possess a firearm for life, force you out of your home under a protective order, and reshape a divorce or custody case. An arrest is mandatory in many situations, you cannot bond out for at least twelve hours, and the alleged victim cannot simply “drop the charges.” If you have been arrested or charged with domestic assault in Shelby County or anywhere in the Mid-South, the decisions you make in the first days matter enormously. Call Brooks Law Firm at (901) 324-5000 for a confidential consultation.
What “Domestic Violence” Means Under Tennessee Law
There is no single crime called “domestic violence” in Tennessee. The core offense is domestic assault under T.C.A. § 39-13-111: an assault, as defined in § 39-13-101, committed against a “domestic abuse victim.” In other words, domestic assault is a regular assault that becomes a distinct, more consequential charge because of the relationship between the people involved.
The Underlying Assault — § 39-13-101
A person commits assault by:
- Intentionally, knowingly, or recklessly causing bodily injury to another (§ 39-13-101(a)(1));
- Intentionally or knowingly causing another to reasonably fear imminent bodily injury (§ 39-13-101(a)(2)); or
- Intentionally or knowingly causing physical contact that a reasonable person would regard as extremely offensive or provocative (§ 39-13-101(a)(3)).
Who Is a “Domestic Abuse Victim”
Under T.C.A. § 36-3-601, the relationship categories that turn an assault into a domestic assault include a current or former spouse; a current or former cohabitant; a current or former dating or sexual partner; a person who shares a child with the defendant; and adult family members or others related by blood or adoption. The breadth of these categories surprises many clients — a roommate, an ex from years ago, or a relative can all qualify.
Criminal Penalties
Domestic assault is punished the same as the underlying assault, with additional fines and consequences layered on top, and with escalating mandatory penalties for repeat offenses.
First Offense
- Class A misdemeanor where bodily injury is caused or threatened (§ 39-13-101(a)(1) or (a)(2)) — up to 11 months and 29 days in jail and a fine up to $2,500.
- Class B misdemeanor where the conduct is offensive or provocative contact only (§ 39-13-101(a)(3)) — up to 6 months in jail and a fine up to $500.
- A separate fine of up to $225 (based on ability to pay) is credited to a state fund supporting family-violence shelters, and a $10 electronic-monitoring indigency fee applies.
Second Offense (Bodily-Injury Type)
A second conviction for domestic assault committed by causing bodily injury (§ 39-13-101(a)(1)) carries a fine of $350 to $3,500 and a mandatory minimum period of consecutive confinement set by statute. The word “consecutive” is critical — these minimums must be served straight through, not on weekends or worked off through ordinary probation.
Third or Subsequent Offense
A third or subsequent conviction for bodily-injury domestic assault carries a fine of $1,100 to $5,000 and at least 90 consecutive days in jail. Where the relationship falls within the closest statutory categories and the defendant has at least two prior qualifying convictions, the offense becomes a Class E felony — a sentencing range of 1 to 6 years, with a mandatory minimum of 90 consecutive days, and the full set of felony collateral consequences. A ten-year “look-back” applies to these enhancements: prior bodily-injury domestic assaults more than ten years before the present offense generally do not trigger the enhanced penalties.
Strangulation
Under recent amendments to § 39-13-111, a domestic assault involving strangulation or attempted strangulation carries a mandatory minimum of 30 days’ incarceration, which includes participation in evidence-based domestic-violence programming. Strangulation conduct can also be charged as aggravated assault.
Aggravated Domestic Assault
When the conduct involves serious bodily injury, the use or display of a deadly weapon, or strangulation, it can be charged as aggravated assault under § 39-13-102 — a Class C or Class D felony. A Class C felony carries 3 to 15 years; a Class D felony carries 2 to 12 years. Strangulation or attempted strangulation of a pregnant victim can elevate the offense to a Class B felony (8 to 30 years).
The Consequences That Often Matter Most
For many clients, the jail exposure is not the most damaging part of a domestic assault case. The collateral consequences are.
Loss of Firearm Rights
A conviction for misdemeanor domestic assault triggers a firearm prohibition under both Tennessee law (T.C.A. § 39-17-1316 and related sections) and federal law (the Lautenberg Amendment, 18 U.S.C. § 922(g)(9)). The federal ban is a lifetime prohibition that applies to everyone — including law-enforcement officers and military personnel — with no exception for hunting, home defense, or duty weapons. A convicted person must complete an affidavit of firearms dispossession confirming lawful surrender or transfer of all firearms. For anyone who owns guns, holds a carry permit, hunts, or works in a field that requires a firearm, this is frequently the single most serious consequence of the case.
Orders of Protection
An order of protection is a civil matter under T.C.A. § 36-3-601, filed by the alleged victim, and it runs on a separate track from the criminal case. It can bar contact, force you out of a shared residence, and restrict where you can go — often before the criminal charge is ever resolved. An active order of protection that meets federal criteria independently triggers a firearm prohibition under 18 U.S.C. § 922(g)(8), even without a criminal conviction, and Tennessee requires surrender of firearms under such an order (§ 36-3-625). Violating an order of protection is itself a Class A misdemeanor under § 39-13-113. Because the order-of-protection hearing has its own deadlines and evidentiary standard, it needs to be defended alongside the criminal case.
Effect on Divorce and Child Custody
A domestic assault charge — even an unresolved one — can substantially affect family-law proceedings. Tennessee courts weigh domestic abuse in custody and parenting-time decisions, and a conviction or a protective order can shape the outcome of a divorce. The criminal case and the family case influence each other, and statements made in one can surface in the other.
Immigration, Employment, and Housing
For non-citizens, a domestic violence conviction can carry severe immigration consequences, including removability. A conviction can also affect professional licenses, security clearances, employment, and housing. These collateral effects should be evaluated at the very start of the case, before any plea is entered.
What Happens After an Arrest
Warrantless Arrest
Unlike most misdemeanors, domestic assault allows an officer to arrest on probable cause alone, without a warrant, under T.C.A. § 40-7-103. Officers responding to a domestic call frequently make an arrest based on visible injuries, one party’s statement, or the totality of the scene — sometimes arresting the person who actually called for help.
The 12-Hour Hold
Tennessee imposes a mandatory hold of at least 12 hours before a person arrested for domestic abuse can be released on bond when the magistrate finds the person is a threat. This “cooling-off” period runs its full course even if the alleged victim asks that the person be released.
“The Victim Wants to Drop It” — Why That Doesn’t End the Case
A domestic assault case belongs to the State, not the complaining witness. The prosecutor — not the alleged victim — decides whether to pursue the charge, and cases routinely proceed even when the named victim wants them dismissed or declines to participate. Prosecutors can subpoena witnesses, rely on 911 recordings, body-cam footage, photographs, and prior statements, and pursue the case regardless of a recantation. This is why a charge should never be treated as if it will simply go away.
No Diversion or Expungement for a Conviction
Tennessee restricts diversion for domestic assault, and a domestic assault conviction generally cannot be expunged. That makes the difference between a conviction and a dismissal, reduction, or acquittal especially important — the goal in many cases is to avoid the conviction that locks in the lifetime firearm ban and the permanent record. Where the case is dismissed or results in certain non-conviction outcomes, expungement of the arrest may be available; the analysis depends on the specific disposition and your history.
Defenses
- Self-defense or defense of others. Tennessee law permits the use of reasonable force to protect oneself or another. In mutual-altercation cases, the person arrested is often the one who was defending themselves.
- False or exaggerated allegations. Domestic accusations sometimes arise amid divorce, custody disputes, jealousy, or retaliation. Inconsistencies, motive to fabricate, and the absence of injury are all fair ground for challenge.
- No qualifying relationship. If the alleged victim does not fall within the § 36-3-601 categories, the “domestic” element fails.
- Lack of intent or no offensive contact. The State must prove the required mental state and that the contact or threat met the statutory standard.
- Insufficient or contradictory evidence. Body-cam and 911 recordings, medical records, and independent witnesses frequently undercut a one-sided account.
- Constitutional challenges. Unlawful entry, search, or interrogation can lead to suppression of statements and evidence.
How Brooks Law Firm Defends Domestic Violence Cases
- The two tracks: We defend the criminal charge and the order-of-protection proceeding together, so a misstep in one does not damage the other.
- The firearm consequence: We make protecting your firearm rights a central goal, structuring the defense to avoid the conviction that triggers a lifetime ban wherever possible.
- The evidence: We move quickly to preserve 911 audio, body-cam and dash-cam footage, photographs, and medical records, and to interview witnesses before memories fade.
- The relationship and intent elements: We test whether the State can actually prove a qualifying relationship and the required conduct and mental state.
- The family-law overlap: We coordinate with any divorce or custody matter so the criminal and family cases work together rather than against you.
- The resolution: Where trial is not the best path, we pursue dismissals, reductions to non-domestic offenses where appropriate, and outcomes designed to limit the lasting consequences.
What to Do Right Now If You’ve Been Charged
- Do not contact the alleged victim. If there is a no-contact order or condition of release, any contact — even a text, even if the other person reaches out first — can mean a new charge and revoked bond.
- Do not talk to police about the allegations without a lawyer. You have the right to remain silent.
- Write down what happened while it is fresh, including any injuries to you and the names of any witnesses.
- Preserve evidence — photos, messages, call logs, and anything showing the context of the incident.
- Do not post about the case on social media.
- Identify your firearms and get advice on lawful dispossession before any deadline applies — do not transfer them improperly.
- Call Brooks Law Firm at (901) 324-5000 immediately — before any interview, the order-of-protection hearing, or your court date.
Schedule a Confidential Consultation
Brooks Law Firm represents people charged with domestic assault, aggravated domestic assault, violation of an order of protection, and related offenses throughout Shelby County and surrounding West Tennessee counties — in General Sessions and Criminal Court — and defends orders of protection. We offer Spanish-language services. Consultations are confidential and without obligation.
Brooks Law Firm
2299 Union Avenue
Memphis, Tennessee 38104
Phone: (901) 324-5000
patrickbrookslaw.com
Disclaimer: This page provides general information about Tennessee law current as of the 2024 Tennessee Code and is not legal advice. Reading this page does not create an attorney-client relationship. Penalties and mandatory minimums depend on the specific subsection charged, the relationship, and prior convictions, and statutory citations may be amended after the date above. Every case is different. If you have been charged with domestic assault or are facing an order of protection, contact a qualified Tennessee attorney about the specific facts of your matter.