What Happens After a Domestic Assault Charge in Memphis?

At Harvey Criminal Defense Lawyers, we represent people charged with domestic assault in Shelby County and across West Tennessee. We understand the fear, confusion, and urgency that comes with these charges—and we know how to navigate the system to protect your rights and your freedom.

Here’s what you need to know about what happens after a domestic assault arrest in Memphis.

What Is Domestic Assault Under Tennessee Law?

Under Tennessee Code Annotated § 39-13-111, domestic assault is when you commit any form of assault (as defined in TCA § 39-13-101) against a domestic abuse victim.

A domestic abuse victim includes:

• Current or former spouses
• People who live together or used to live together
• People who are dating or used to date
• People who have a child together
• Family members related by blood or adoption
• Current or former in-laws

Domestic assault covers the same conduct as simple assault, but the penalties are harsher, and the legal process is more complicated because of the relationship between you and the alleged victim.

What Happens Immediately After the Arrest?

When police respond to a domestic violence call in Memphis, their primary goal is to determine who the “primary aggressor” is and make an arrest.

Tennessee law and most police department policies favor arrest in domestic violence situations. That means even if the alleged victim doesn’t want to press charges, officers will often make an arrest anyway if they believe a domestic assault occurred.

Once you’re arrested, here’s what typically happens next:

You’re Taken to Jail

In Shelby County, you’ll be taken to either the Shelby County Jail (201 Poplar) or another holding facility. You’ll be booked, fingerprinted, and photographed.

You Can’t Bail Out Right Away

In domestic assault cases, Tennessee law requires a 12-hour hold before you can post bail. This is designed to give everyone time to cool down and to protect the alleged victim.

During that time, you won’t be able to leave—even if someone posts bond for you.

The Court Sets Your Bond

Within 48 hours, you’ll have a bond hearing. The judge will set your bond amount and may impose conditions on your release.

You May Face an Order of Protection

The alleged victim can request a temporary order of protection (sometimes called a restraining order). If granted, this order can:

• Prohibit you from contacting the victim
• Require you to stay a certain distance away from them
• Prohibit you from going to certain locations (like your shared home, their workplace, or your children’s school)
• Order you to surrender any firearms

Violating an order of protection is a separate criminal offense that can result in additional charges and jail time.

What Are the Penalties for Domestic Assault in Tennessee?

Domestic assault penalties depend on whether this is your first offense or if you have prior domestic assault convictions.

First Offense

A first domestic assault conviction is typically punished the same as simple assault:

• Class A misdemeanor: Up to 11 months and 29 days in jail, fines up to $2,500
• Class B misdemeanor (if the charge is for offensive contact only): Up to 6 months in jail, fines up to 500

However, there are mandatory fees and additional conditions:

• $10 electronic monitoring indigency fee
• Possible mandatory counseling or batterer’s intervention program
• Possible ignition interlock device if alcohol was involved

Second Offense

A second domestic assault conviction involving actual bodily injury (not just fear or offensive contact) is punished much more harshly:

• Mandatory minimum of 30 consecutive days in jail
• Up to 11 months and 29 days total
• Fines between $350 and $3,500

Third Offense or More

A third or subsequent domestic assault conviction involving bodily injury is a Class E felony, punishable by:

• 1 to 6 years in prison
• Fines up to $3,000
• Permanent felony record

What Are the Pretrial Conditions You’ll Face?

Even before your case goes to trial, you’ll have to comply with strict pretrial conditions as a condition of your bond. Violating these conditions can land you back in jail and make your case much worse.

Common pretrial conditions include:

No Contact with the Alleged Victim

You cannot call, text, email, or communicate with the alleged victim in any way—even if they reach out to you first. You also can’t have someone else contact them on your behalf.

This can be especially difficult if you share children, a home, or financial responsibilities.

Stay-Away Orders

You may be required to stay a certain distance away from the alleged victim, their home, their workplace, or other locations.

If you live together, this often means you’ll have to find somewhere else to stay—even if it’s your house.

GPS Monitoring or Ankle Bracelet

In some cases, the court may require you to wear a GPS monitoring device so they can track your movements and ensure you’re complying with stay-away orders.

Surrender of Firearms

If an order of protection is in place, you’ll be required to surrender any firearms you own. Possessing a gun while subject to an order of protection is a federal crime.

Alcohol or Drug Testing

If alcohol or drugs were involved in the incident, you may be required to submit to random testing as a condition of your bond.

Can the Victim “Drop the Charges”?

This is one of the most common questions we get—and the answer is: not really.

Here’s why: once you’re arrested, the State of Tennessee becomes the prosecutor. The alleged victim doesn’t have the power to drop charges. Only the District Attorney can decide whether to pursue the case or dismiss it.

Even if the victim doesn’t want to press charges, doesn’t show up to court, or recants their statement, prosecutors can still move forward with the case using:

• The police report
• 911 recordings
• Photos of injuries
• Statements made at the scene
• Testimony from officers or other witnesses

That said, if the alleged victim is uncooperative or recants, it does make the State’s case weaker—and that’s where a good defense attorney can make a difference.

What Happens at Your Court Appearances?

Domestic assault cases in Memphis typically go through several stages:

Arraignment

This is your first court appearance. You’ll be formally charged, and you’ll enter a plea (guilty, not guilty, or no contest). At this stage, most people plead not guilty while their attorney investigates the case.

Pretrial Hearings

These are court dates where your attorney and the prosecutor discuss the case, exchange evidence, and negotiate possible resolutions.

Trial

If the case doesn’t resolve through a plea deal or dismissal, it goes to trial. In a domestic assault trial, the State must prove beyond a reasonable doubt that you committed the assault.

What Defenses Are Available in Domestic Assault Cases?

Every case is different, but here are some common defenses we use:

Self-Defense

If you were defending yourself from harm, that’s a valid legal defense. Tennessee law allows you to use reasonable force to protect yourself from imminent danger.

Defense of Others

If you were protecting someone else (like your children) from harm, that’s also a defense.

False Accusations

Unfortunately, false accusations are not uncommon in domestic assault cases—especially during custody disputes, divorces, or heated breakups.

If the alleged victim has a motive to lie, we’ll investigate and present evidence to show the accusations are false.

Lack of Evidence

If there are no injuries, no independent witnesses, and no physical evidence, the State may not be able to prove the case beyond a reasonable doubt.

Mutual Combat

If both parties were fighting and both contributed to the altercation, the State may have difficulty proving who the aggressor was.

What Are the Long-Term Consequences of a Domestic Assault Conviction?

A domestic assault conviction doesn’t just mean jail time and fines. It can affect nearly every aspect of your life:

Criminal Record

A conviction stays on your record permanently (unless you’re eligible for expungement later).

Employment

Many employers conduct background checks. A domestic violence conviction can disqualify you from certain jobs, especially those involving children, healthcare, education, or security clearances.

Housing

Landlords often deny rental applications to people with violent criminal records.

Custody and Visitation

A domestic assault conviction can be used against you in custody and visitation hearings. It may result in restricted or supervised visitation with your children.

Gun Rights

If you’re convicted of a domestic violence misdemeanor, federal law prohibits you from owning or possessing firearms—ever.

Immigration Status

For non-citizens, a domestic assault conviction can result in deportation or denial of naturalization.

What Should You Do If You’ve Been Charged with Domestic Assault in Memphis?

If you’ve been arrested for domestic assault in Shelby County, here’s what you need to do right now:

1. Follow All Pretrial Conditions

Do not violate your bond conditions. Do not contact the alleged victim—even if they reach out to you. One mistake can land you back in jail.

2. Document Everything

If you have evidence that supports your side of the story (texts, photos, witnesses), preserve it now. Evidence can disappear quickly.

3. Do Not Talk to Police Without a Lawyer

Anything you say can be used against you. Politely invoke your right to remain silent and ask for an attorney.

4. Hire an Experienced Defense Lawyer

The earlier we get involved, the more we can do to protect you. We can challenge the evidence, negotiate with prosecutors, and build a strong defense strategy.

Charged with Domestic Assault in Memphis? We’re Here to Help.

A domestic assault charge is serious—but it doesn’t have to define your future.

At Harvey Criminal Defense Lawyers, we’ve successfully defended clients against domestic assault charges throughout Shelby County and West Tennessee. We know how to challenge weak cases, negotiate favorable plea deals, and fight for dismissals when the evidence doesn’t add up.

Contact us today for a confidential consultation.