Arguments and confrontations are never pleasant. They are even more so when family relationships are involved. Emotions can run high and situations can become volatile quickly. A simple disagreement can erupt into something neither side intended. And unfortunately, these incidents often end with an arrest.
In Tennessee, there are a few defining factors which separate domestic violence (also known as domestic assault) from other types of assault. When we say domestic assault, we mean an assault against a person who falls within any of the following categories:
1. Adults or minors who are former or current spouses
2. Adults or minors who have lived together or are living together
3. Adults or minors who have or had a sexual relationship, or are dating or have dated
4. Adults or minors related by blood or adoption
5. Adults or minors who are related or were formerly related by marriage
6. Adult or minor children of a person in a relationship that is described in one of the foregoing five categories.
An assault involving someone which falls within any of the above categories could be considered a domestic assault. Penalties for domestic assault and other charges stemming from domestic violence are viewed very seriously in the state of Tennessee and can have mandatory jail sentences and fines. The difference between a scrape, bruise, or a broken bone could make a significant difference in how you are charged. Furthermore, do not be mislead if the alleged victim informs you that he or she is “dropping the charges.” Once a warrant is issued, the state of Tennessee (not the alleged victim) will decide whether the case will proceed forward for prosecution.
Having a competent domestic violence lawyer could make a huge difference in the outcome of your situation. Don’t ignore or overlook the severity of the charge. We encourage you to contact Michael for a free consultation.