A domestic violence charge can change everything in an instant. One phone call, one accusation, and suddenly you’re facing jail time, protective orders, and a criminal record that won’t go away. At Harvey Criminal Defense Lawyers, we understand what’s on the line. We don’t pass judgment—we build your defense.
Whether you’re facing your first accusation or a repeat charge, we fight for your rights, your freedom, and your future.
Domestic violence cases move fast. So do we.
As a Memphis-based criminal defense firm, we have deep knowledge of how prosecutors handle these charges in Shelby County. We’ve defended hundreds of clients against assault, domestic assault, and related accusations—and we know what it takes to protect your reputation and resolve your case as quickly and favorably as possible.
Under Tennessee Code § 39-13-111, domestic assault occurs when a person commits an assault—meaning they intentionally or recklessly cause bodily injury, threaten another with bodily harm, or cause physical contact that a reasonable person would find offensive—against someone with whom they have a qualifying relationship.
Tennessee law defines a domestic abuse victim as:a
Even if there was no physical injury, making contact or threats against one of these individuals could result in a domestic assault charge.
Domestic assault carries harsh consequences, especially if it’s not your first offense. The penalties increase significantly for repeat violations, or if the assault involved strangulation, a child, or serious bodily injury.
In Tennessee, law enforcement officers are encouraged to arrest the “primary aggressor” if they believe a crime of domestic abuse occurred. They do not need to witness the incident, and they are not required to arrest both parties.
Cases that begin with an arrest will first be heard in the General Sessions Court or Municipal Court for that jurisdiction. Throughout Shelby County, that court will usually be the Shelby County General Sessions in the Walter F. Bailey Criminal Justice Complex at 201 Poplar Avenue in Downtown Memphis. The exceptions are for allegations that occur within the city limits of Bartlett, Germantown, and Collierville, where the cases will be heard in the city’s Municipal Court.
For cases that begin with an indictment, the process is different. Call our office and we will be happy to guide you through the process.
For cases that begin with an arrest, here’s what to expect:
The Shelby County men’s jail at 201 Poplar Avenue has become notorious for overcrowding and understaffing, and it is common for men to be booked in and held without bond in the intake area, without a cell or a bed, for up to 36 hours. Only after you’ve been through the intake process will you learn how much your bond will cost.
In addition to paying a money bond to get out of jail, the court will always order you to vacate any residence where the alleged victim resides, even if it’s your home. You will also be ordered to completely refrain from contacting the alleged victim, even if you have children together, and you may be required to wear, and pay for, a GPS monitoring bracelet or ankle monitor.
These bond conditions will remain in place until the resolution of your case, unless your attorney can negotiate a change in bond conditions that the judge agrees to.
You should always plead “not guilty” at your first court appearance, even if you feel guilty.
The judge will tell you what you’re charged with, accept your guilty plea, and give you time to hire a lawyer if you need it. The judge will also make sure you understand your bond conditions if you weren’t already notified of these before you were released from jail.
In General Sessions courts throughout West Tennessee, including Memphis, domestic violence cases will sometimes take several “report” or “status” dates at the courthouse before your attorney and the prosecutor can gather enough information to make a decision in your case.
If the prosecutor comes to an agreement that’s in your favor, your attorney can help you finalize those arrangements.
While you’re fighting your criminal case, get ready. You may also get served with civil papers.
In addition to the no-contact order in your bond conditions, alleged victims will almost always be offered free assistance seeking an Protective Order, or Order of Protection. The Protective Order, if granted, also carries victim-contact and firearm possession restrictions. These are separate civil cases that require additional legal fees to fight in court.
Orders of Protection can go into effect even while the criminal case is pending, and any testimony you give in the civil matter can be used against you in criminal court. Be sure to consult with an attorney for your best bath forward.
If the prosecutor refuses to give you the offer you want, then you and your attorney will make decisions for how to continue fighting the charges. In most cases, defendants should take advantage of a procedural right they have in Tennessee for what’s called a “Preliminary Hearing.”
You cannot get convicted at a preliminary hearing, and you are not required to testify. In fact, you should almost never testify at your preliminary hearing.
The Preliminary Hearing is for the judge to decide if the State prosecutor has enough evidence to meet the “probable cause” requirement before your case goes to the grand jury for indictment. This means the alleged victim must testify, and be cross examined.
As Tom Wolfe wrote in his 1987 novel, Bonfire of the Vanities, “a grand jury would indicate a ham sandwich, if that’s what you wanted.”
Historically, grand juries were important protections against the abuse of power. They originated in twelfth-century England as a means of prosecution, then evolved into a protection against unjustified prosecutions going to trial.
In Tennessee, like most states, the grand jury does whatever the prosecutor asks them to do. Nevertheless, it’s a procedural right guaranteed by the Tennessee Constitution, and you cannot be convicted unless you have been indicted before trial, or give up that right and plead guilty.
After indictment, the prosecutor is required to cooperate in the “Discovery” process. They will give copies of documents, access to view certain evidence, or notice of the expected witnesses against you.
As you and your attorney go through the discovery process, your general defense strategy will be refined into a specific trial strategy. Your attorney will file various pre-trial motions to admit certain evidence, exclude other evidence, and otherwise seek assurances from the judge that you will receive a fair trial.
Even through the Discovery process, many cases are resolved by negotiation. If the prosecutor offers to allow a resolution that it’s in your best interest, you and your attorney will discuss the options and consequences. But it is always your decision whether to take an offer.
If you don’t want your offer, you have a right to trial. Our attorneys know how to pick a jury, attack the State’s case against you, and present your defenses in the best possible light.
Domestic violence accusations can be fueled by emotion, misunderstanding, or even manipulation—especially in divorce or custody disputes. Just because someone makes a claim doesn’t mean it’s true.
At Harvey Criminal Defense Lawyers, we scrutinize every detail. Common defenses include:
We also fight to have evidence excluded if it was obtained unlawfully or prejudicially.
Even if you’re not convicted, a domestic violence charge can haunt you for years:
That’s why you need an experienced Memphis domestic violence lawyer who will treat your case with the urgency and care it deserves.
In many cases, an Order of Protection is issued alongside or shortly after a domestic assault charge. These orders can restrict you from:
Violating a protective order is a separate criminal offense that can lead to immediate arrest and jail time—even if the alleged victim initiated contact.
We can represent you in protective order hearings and fight for modifications that protect your rights and access to your home, family, and property.
In Tennessee, the decision to prosecute is not up to the alleged victim. Once charges are filed, only the prosecutor can choose to dismiss them. However, a skilled defense lawyer can work with the facts and testimony to persuade the court or DA to reduce or drop the charges.
Even when emotions cool and the other party wants reconciliation, you’re still facing serious legal exposure. Don’t make the mistake of assuming the case will go away on its own.
If you’re facing a domestic violence charge, the time to act is now. The right lawyer can mean the difference between clearing your name and living with a permanent criminal record.
At Harvey Criminal Defense Lawyers, we provide bold, strategic defense for people accused of domestic assault in Memphis and throughout Shelby County. We don’t back down. We don’t play it safe. We fight for you like your future depends on it—because it does.
Call us to schedule a confidential consultation.
Domestic violence—legally called “domestic assault” in Tennessee—means committing any form of assault (bodily injury, threats, or offensive physical contact) against someone you have a domestic relationship with. That includes spouses, exes, dating partners, relatives, roommates, or co-parents.
You could. A first offense is a Class A misdemeanor, which carries up to 11 months and 29 days in jail. Judges often impose probation, anger management, or no-contact orders, but even first-time convictions can include mandatory jail time depending on the facts of the case.
No. Once the police make an arrest and the District Attorney files charges, the case belongs to the State—not the alleged victim. Even if they want to “drop it,” the prosecutor can move forward. However, a skilled defense attorney can work to show the court that prosecution is not in the interest of justice.
Yes. A domestic assault conviction results in the immediate loss of firearm rights under both Tennessee and federal law. That means you cannot legally possess, own, or purchase a gun again unless your rights are restored through a legal process.
Absolutely. You don’t have to cause injury to be charged—but lack of visible harm can weaken the prosecution’s case. If the allegation is based solely on someone’s word without medical records, witnesses, or corroborating evidence, your attorney may be able to have the charge dismissed or reduced.
The prosecutors are already building their case against you. Every day you wait is another day they get stronger.
But you don’t have to face this alone.
