Domestic assault is a commonly charged crime in General Sessions Courts.  Lee Davis and Bryan Hoss have successfully handled hundreds of these cases.

One recent case resulted in dismissal by state prosecutors. 

“I defend many of these cases each year, some involving completely innocent people.  Previously, when I was a prosecutor for the Hamilton County District Attorney’s office, I prosecuted many serious domestic assault cases,” says Mr. Davis. “These cases run the gamut from factually baseless to extremely serious.”

Most people are unaware that the Chattanooga Police Department and the Hamilton County Sheriff’s Office have policies in place that requires an arrest if when the police are called to a home for domestic violence they find evidence of any kind of an assault.  In short, if a neighbor calls 911 because a husband and wife are arguing police will go to that home.  If someone says that he or she was assaulted, someone is probably going to jail—right then. Sometimes that is the right decision and sometimes police are given a poor version of events or simply get it wrong.

In Tennessee an alleged victim in a domestic violence case does not have the power to drop the charges. The decision to charge rests with the police; but, the responsibility to prosecute is within the sole discretion of the district attorney's office. Most prosecutors will not dismiss a charge domestic of assault at arraignment, even if the alleged victim asks for this to be done.  If you are charged with domestic assault, or violation of a restraining order, or any other type of domestic violence, you should retain an experienced criminal defense attorney immediately.  That is the best way to avoid a permanent conviction on your record and all that that portends for your job and other important rights like the right to possess firearms.

If you are a victim of domestic assault who is seeking to have criminal charges dropped against your husband, boyfriend, wife, girlfriend, partner or relative, then you too should consult with an attorney.  In Tennessee unless you are married to the person who is charged with the crime, the district attorney's office can force you to testify, and even if you are married your marital privilege against testifying is limited to so called marital communications.  A lawyer experienced in these issues is necessary for you to fully understand your rights and responsibilities.  The prosecutor merely needs to be sure that you have been served with a subpoena, then at that point, you may be forced to testify.  Should you refuse, you risk being jailed for contempt.  And if your testimony changes materially from what is in the sworn affidavit, then you risk being charged with filing a false police report.  Unfortunately, we have seen this happen too many times over the years.  You need to talk to a lawyer.

In other cases, charges of domestic violence are false.  In some of these cases, the fabricated charges are following divorce proceedings.  Proceedings where emotions are high, custody of children is at issue and restraining orders are being sought. Unethical people will sometimes tell so called victims to file a criminal charge of domestic violence against their former spouse or partner in order to gain a tactical advantage in a circuit court divorce case.  If you have been charged with domestic assault during a divorce case, you need an experienced criminal lawyer immediately.

We know that you probably don’t want a trial or public display of your private life if you have been charged with domestic assault and that you do want your side of the dispute to be heard and ultimately for justice to prevail.   From our years of experience in the courts of Tennessee we can advise you how best to proceed to limit the danger a domestic assault charges brings and to protect your record from a domestic assault conviction (a conviction that once entered stays on your record for life).

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Last updated on November 22, 2011 by Lee Davis