First-Offense Domestic Assault in Tennessee: What Happens Next

Kylene Ross

Oct 2

5 min read

A first domestic assault charge in Tennessee is usually a misdemeanor, but it carries rules a regular assault does not: a 12-hour hold after arrest, a no-contact order, loss of your guns if convicted, and a record that cannot be expunged if you are convicted (Tenn. Code Ann. §§ 39-13-111, 40-11-150, 40-32-107). Diversion may still be possible. Here is what happens next and what you should do now.

What counts as domestic assault

Domestic assault is an assault against a "domestic abuse victim" (Tenn. Code Ann. § 39-13-111(b)). An assault can mean causing bodily injury, making someone reasonably fear bodily injury, or offensive physical contact (Tenn. Code Ann. § 39-13-101(a)).

The law covers more relationships than most people expect. A domestic abuse victim includes a current or former spouse, someone you live with or used to live with, someone you are dating, used to date or had a sexual relationship with, relatives by blood, adoption or marriage, and the children of anyone in those relationships (Tenn. Code Ann. §§ 39-13-111(a), 36-3-601(5)).

The 12-hour hold and no-contact order

After an arrest for an assault on a domestic abuse victim, Tennessee law says the person may not be released within 12 hours of arrest. The magistrate can release sooner only by finding in writing that the person is not a threat to the alleged victim (Tenn. Code Ann. § 40-11-150(h)).

Before release, the magistrate must set conditions to protect the alleged victim. These can include no contact of any kind, directly or through others, staying away from the home, no firearms, no alcohol or drugs, and GPS monitoring (Tenn. Code Ann. § 40-11-150(b)).

Take these conditions seriously. Breaking one can get you arrested on the spot, with or without a warrant, and your bond can be revoked (Tenn. Code Ann. § 40-11-150(i)). That is true even if the alleged victim calls you or invites you back. If conditions were set without a hearing, you can ask the court for a prompt hearing to review them (Tenn. Code Ann. § 40-11-150(e)). Our article on bond after an arrest in Sumner County explains the rest of the bond process.

Penalties for a first offense

A first conviction is punished the same as the underlying assault (Tenn. Code Ann. § 39-13-111(c)(1)):

Causing bodily injury or fear of injury. A Class A misdemeanor (Tenn. Code Ann. § 39-13-101(b)). That means up to 11 months and 29 days in jail (Tenn. Code Ann. § 40-35-111). For bodily injury, the assault statute allows a fine up to $15,000.
Offensive contact. A Class B misdemeanor, up to 6 months in jail and a fine up to $500 (Tenn. Code Ann. §§ 39-13-101(b), 40-35-111).

A first conviction also brings extra requirements:

Probation for the full term. Any time served is followed by supervised probation for the rest of the maximum sentence (Tenn. Code Ann. § 39-13-111(e)).
Strangulation. If the case involves strangulation or attempted strangulation, there is a mandatory minimum of 30 days in jail (Tenn. Code Ann. § 39-13-111(f)).
Mental health evaluation. The court must order one before sentencing (Tenn. Code Ann. § 39-13-111(g)).
Programs. The judge may order a certified batterer's intervention program, counseling, or drug or alcohol treatment. A program ordered by the court must be completed in full (Tenn. Code Ann. § 39-13-111(d)).

Talk to a Lawyer Today

Call (615) 997-7618 to talk with Kylene Ross or Chloe Hawes about your situation. Arrested after hours? Send us a message and we are notified right away.

Firearms

If you plead guilty or are found guilty, the judge must order you to give up all firearms within 48 hours by lawful means, such as transfer to someone allowed to have them, and to file a dispossession affidavit with the court (Tenn. Code Ann. § 39-13-111(c)(6)).

Federal law also bars anyone convicted of a misdemeanor crime of domestic violence from possessing firearms or ammunition (18 U.S.C. § 922(g)(9)). Tennessee makes it a separate crime to have a gun after such a conviction (Tenn. Code Ann. § 39-17-1307(f)). For hunters, gun owners and anyone whose job involves a firearm, this alone is a reason to get advice before you plead.

Is diversion available?

Pretrial diversion is not. The statute lists domestic assault as an offense that cannot be diverted that way (Tenn. Code Ann. § 40-15-105(a)(1)(B)(iii)).

Judicial diversion may be. The judicial diversion statute does not exclude domestic assault (Tenn. Code Ann. § 40-35-313). It requires a guilty or no-contest plea, no prior felony or Class A misdemeanor conviction with jail time served, and no prior diversion. You are placed on probation without a judgment of guilt. If you complete it, the charge is dismissed. Judicial diversion can only be used once in your life. See pretrial vs. judicial diversion in Tennessee.

Expungement

Dismissed after diversion. You can petition to expunge the record (Tenn. Code Ann. § 40-32-106(d)). The court keeps a nonpublic record that can be used to decide whether you qualify for diversion again (Tenn. Code Ann. § 40-35-313(a)(2)).
Dismissed, not guilty or no true bill. These records can be expunged without cost (Tenn. Code Ann. § 40-32-106(a)).
Convicted. A domestic assault conviction is on the list of misdemeanors that cannot be expunged (Tenn. Code Ann. § 40-32-107(a)(1)(D)(iii)).

Read how long expungement takes in Tennessee for the process.

A conviction also counts later. Since January 1, 2026, a person convicted of an offense against a domestic abuse victim who already has a prior conviction of that kind must be placed on a public state registry (Public Chapter 520 of 2025).

What happens in Sumner County

A misdemeanor domestic assault starts in Sumner County General Sessions Court, which hears misdemeanors and felony preliminary hearings. The clerk is at 155 East Main Street, Gallatin. Cases that move up are heard in Criminal Court at 117 West Smith Street. Our General Sessions court guide walks through your first court date.

An order of protection is a separate civil case. It can run at the same time as the criminal charge, with its own hearing and its own rules.

What to do now

Do not contact the alleged victim if your bond conditions or an order forbid it. That includes texts, social media and messages through friends.
Keep every court date. Write it down from your bond papers.
Do not post about the case or discuss it on jail phone calls.
Keep any texts, photos or names of witnesses that relate to what happened.
Talk to a lawyer before you plead guilty to anything, including diversion.

How we can help

Attorney Chloe Hawes handles criminal defense from our office on the Gallatin Public Square, and Kylene Ross also takes criminal cases. We represent people in Sumner, Wilson, Robertson, Williamson and Davidson counties. We can review your bond conditions, explain whether diversion is an option, and talk through your choices before your first court date. Learn more on our assault and domestic violence defense page and our criminal defense services.

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