What Are the Domestic Abuse Laws in Tennessee?
Domestic abuse crimes are treated differently than any other kind of assault offense in the state of Tennessee. The term “domestic” will refer to anyone that lives with the suspect including those they that are related, dating, married, or roommates of the aggressor.
In the state of Tennessee, if the police are called to the scene of a domestic violence incident, they must arrest someone as a result. This holds true even if neither person wants the other one arrested in the case.
Sometimes the police will end up arresting both involved parties if they cannot clearly determine which person was the aggressor in the situation. Another catch is that if the person(s) is jailed as a result of the incident, the person cannot be released immediately once bail is posted, even if it is posted immediately.
There is a law in place in Tennessee called the “cool down period” which means that people who arrested and cited with domestic abuse must spend at least 12 hours in jail before they may be released. This “cool down period” must also be honored even if the aggressor does not continue to pose a threat to the person who was victimized.
Conditions will apply when the bail is posted and the person is released from jail. There are three (3) main provisions to the person’s temporary freedom including a) they may not contact the alleged victim(s), b) they may not return to the home where the victim is residing, & c) they may not be without a GPS device that can track their location at all times. If any of these rules are broken then the person will be arrested and held in jail until the date of their court hearing.
Many people who commit domestic violence crimes will be required to attend a 6-month “batterer intervention program” upon their being freed from jail. They will have to complete this program in order to remain in good standing with the state law.
Finally, if a person has a domestic assault on their record in Tennessee, while it is a misdemeanor charge, it’s one of the few that are never erased from one’s record and it will prevent them from legally owning a firearm for life.
Have you or a loved one been a victim of domestic abuse? Give the Slaughter Law Firm a call today.