According to one advocacy group, there are about ten million https://ncadv.org/statistics assault victims in the United States every year. Some of these cases involve emotional or verbal abuse. But the vast majority involve physical abuse, and that usually means domestic violence assault charges.
Contrary to popular myth, the defendant can still be convicted of domestic violence even if the victim does not sustain a physical injury.
If you are convicted, domestic violence charges in Tennessee cannot be expunged from your record. Additionally, domestic violence is about the only misdemeanor that can end your right to own a gun. And, domestic violence has significant consequences outside criminal court. The state may take action against your custody rights, and these convictions create significant complications in divorce and other family law cases.
What is Domestic Assault?
In Tennessee, assault is basically a harmful or offensive touch. As mentioned, any harmful or offensive touch suffices. If the alleged victim went to the hospital, the act is a little easier to prove in court. Intent is easier to prove as well. Just be aware that, prosecutors do not need to prove intent to injure. They just need to prove the assault was not accidental.
Typically, the alleged victim is the defendant’s spouse. However, Tennessee law also classifies a number of other incidents as domestic assault. The victim could a former spouse, anyone related to the defendant by blood or marriage, current or former dating partner, or a roommate.
Most law enforcement agencies in the Memphis, Tennessee area have mandatory arrest policies. When officers respond to a domestic violence call, someone usually must go to jail that night. It’s not always easy to determine who the aggressor was. This is especially true when the alleged abuser and alleged victim often tell much different stories. When this happens to you or a friend or loved one, it can be very upsetting and cause additional emotional hardship and stress on the family.
Furthermore, release on bond usually has some additional stipulations or time constraints for domestic violence. There is a court-ordered requirement that a defendant be held a minimum of 12 hours before he is released on bond in the event of a domestic assault arrest. It is best to call United Bonding Company in Memphis and bail bonds near me to simplify your release as much as possible. We will work as quickly and efficiently as possible to get your friend or loved one released from jail.
Once released, the pretrial release order may contain a number of restrictions. For example, the defendant may not be able to contact the alleged victim or even reside in the same place.
Domestic Violence Case in Shelby County
Typically, a domestic violence case in Shelby County, Tennessee is procedurally different from standard assault cases. Most cases go to designated family violence courts. As the case nears resolution, probation may be an option in many cases. That probation often includes an anger management or counseling program. Often, the plea bargain might also involve a reduction to simple assault.
If the case goes to trial, prosecutors can subpoena the alleged victim and force him/her to testify. In this case, the old “spousal privilege” defense usually does not apply. However, there may be other defenses, such as lack of evidence or self-defense.
At United Bonding Company, our professional bondsman provide fast and confidential bonding services throughout western Tennessee and are licensed to write bonds in the Shelby County Juvenile Court.
United Bonding Company is a Member of the TAPBA Tennessee Association of Professional Bail Agents https://www.tapba.org/. Our bond agents are available 24/7 at (901) 577-1138 for a fast jail release 365 days of the year. United Bonding Company wishes you and your Happy Holidays.
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