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What to Do If You're Accused of Domestic Assault

McCarter | East PLLC Dec. 1, 2025

Closed fist of man and women crying in backgroundBeing accused of domestic assault can be one of the most distressing moments in a person’s life. The consequences can affect your reputation, freedom, and future in ways that go far beyond the courtroom. Allegations often surface suddenly, leaving little time to respond before law enforcement becomes involved. 

At McCarter | East PLLC, we understand how overwhelming this experience can feel. As experienced criminal defense attorneys in Murfreesboro and Woodbury, Tennessee, we help clients take immediate, strategic steps to protect their rights and build a strong defense from the very start.

Our office is located just two blocks from the courthouse in downtown Murfreesboro, making it convenient for us to meet with clients quickly, file motions, and attend hearings on short notice. When a domestic assault accusation arises, every hour matters. Knowing what to do—and what not to do—can make a major difference in how the case unfolds. Call us today to learn more.

Domestic Assault Charges in Tennessee

Domestic assault in Tennessee is a serious criminal offense under state law. It involves intentionally or recklessly causing bodily injury, making physical contact that a victim might find offensive, or threatening harm to a family or household member. “Family or household member” includes spouses, former spouses, dating partners, roommates, and relatives.

A conviction can lead to jail time, fines, mandatory counseling, and loss of firearm rights. Even a first-time offender may face probation or anger management requirements. Domestic assault cases can also impact child custody, employment, and immigration status. That’s why it’s criticaal to take these accusations seriously from the moment they arise.

Stay Calm and Avoid Confrontation

The first and most important step after being accused of domestic assault is to remain calm. Arguments or emotional reactions can be misinterpreted by law enforcement or later used as evidence. If the police are called, comply with their instructions, but don’t volunteer information beyond basic identification.

We often remind clients that anything said at the scene—or even during a phone call or text exchange—can appear later in court. Emotional outbursts or attempts to explain your side in the heat of the moment rarely help. Instead, contact legal representation immediately. As criminal defense attorneys, we can speak on your behalf to avoid statements that could unintentionally harm your defense.

Don’t Contact the Alleged Victim

One of the biggest mistakes we see in domestic assault cases is an attempt to contact the alleged victim after an arrest or accusation. Even if you believe the situation was a misunderstanding, reaching out can violate court orders or be interpreted as intimidation.

Tennessee courts frequently issue “no contact” orders as a condition of release. Violating that order—even with a simple text or social media message—can lead to additional charges or the revocation of bond. We advise all clients to fully respect these boundaries. Communication should only occur through your attorney or authorized third parties.

If you share children or property with the alleged victim, we help arrange lawful ways to manage those responsibilities while remaining compliant with the court’s directives.

Contact an Experienced Defense Firm Immediately

Early legal representation is essential. The period right after an arrest or accusation is when evidence is gathered, statements are recorded, and decisions are made that shape the rest of the case. Having skilled criminal defense attorneys involved from the start gives you the best opportunity to protect your rights.

We begin by reviewing the arrest report, any witness statements, and available video or audio recordings. We then identify inconsistencies, procedural errors, or violations of constitutional rights. Our proximity to the courthouse in Murfreesboro allows us to act quickly—filing motions, securing discovery, and preparing for preliminary hearings without delay.

Preserve Evidence and Document Everything

A strong defense often depends on the evidence available. After an accusation, it’s important to collect and preserve any information that may support your side of the story.

This may include:

  • Text messages or emails that show prior communication or context for the alleged incident.

  • Photos or videos of the scene or any injuries that contradict the accusation.

  • Witness statements from people who were present or aware of the situation.

  • Medical records show inconsistencies between the alleged injuries and the actual events.

We instruct clients to avoid editing, deleting, or altering any information. Preserving everything exactly as it is helps demonstrate credibility. As criminal defense attorneys, we often use this evidence to challenge the prosecution’s version of events and expose weaknesses in their case.

Know About Protective Orders

When a domestic assault accusation is made, the court may issue an order of protection. This order restricts contact and may limit where you can live or who you can speak to. Violating such an order carries severe penalties.

We work with clients to explain the terms clearly so there are no misunderstandings. If you need to retrieve personal belongings or access your home, we can request temporary court permissions to do so legally. Having criminal defense attorneys manage this process helps prevent accidental violations that could lead to further charges.

Avoid Speaking to Police Without Counsel

Many people accused of domestic assault believe that if they just tell their side of the story, they can clear up the misunderstanding. Unfortunately, police are trained to collect statements that support the prosecution’s case. Anything you say can—and likely will—be used against you.

As criminal defense attorneys, we always advise clients to remain polite but decline to answer detailed questions until we’re present. Once retained, we communicate with investigators on your behalf, review the evidence, and determine whether speaking with law enforcement will actually benefit your defense. 

Silence cannot be used against you, but unguarded statements often can.

Build a Defense Strategy Early

No two domestic assault cases are alike. Every situation requires a personalized defense strategy based on the facts, available evidence, and your long-term goals.

We analyze the following areas when developing a defense:

  • Credibility of the accusation: We examine whether the alleged victim’s story has changed or contains inconsistencies.

  • Physical evidence: We review photos, medical reports, and forensic results to determine whether they align with the alleged conduct.

  • Self-defense claims: In some cases, our client acted to protect themselves or another person.

  • False accusations: Emotional disputes, custody battles, or misunderstandings can lead to unfounded allegations.

Our location near the Murfreesboro courthouse allows us to file motions and attend hearings promptly, keeping the process moving and minimizing disruption to our clients’ lives. As dedicated criminal defense attorneys, we fight to secure fair treatment and dismiss unfounded claims whenever possible.

The Importance of Court Appearances

After an arrest, the court typically schedules an arraignment or initial appearance. Attending every hearing is critical. Missing a court date can result in additional charges or a warrant for arrest. We remind clients of every upcoming appearance and accompany them to each hearing. Our proximity to the courthouse makes this process more convenient for both preparation and attendance. We take pride in being just a short walk from where these important proceedings take place.

At each step, we advocate for fair bail conditions, challenge weak evidence, and negotiate terms that protect your freedom.

Exploring Diversion Programs and Alternatives

In certain situations, Tennessee law allows for diversion programs that may help first-time offenders avoid long-term criminal consequences. These programs typically require counseling, community service, or education courses in exchange for dismissal of charges upon completion.

We review every client’s eligibility for these opportunities. For some, diversion offers a valuable path to move forward without a conviction. For others, we pursue outright dismissal or acquittal if the evidence is insufficient or if constitutional rights were violated. Our goal is always to protect both immediate and future interests—your record, your reputation, and your ability to move on.

Handling the Emotional and Personal Impact

Domestic assault accusations often create personal turmoil. Family relationships, employment, and community standing may all be affected. We believe that effective defense extends beyond legal arguments—it includes support, communication, and perspective.

We help clients understand what to expect emotionally and practically. By taking an organized, proactive approach, it’s possible to regain control of the situation and start rebuilding trust. As criminal defense attorneys, we not only defend our clients in court but also guide them toward stability in their personal and professional lives.

Moving Forward After the Case

If charges are dismissed or resolved successfully, we explore additional steps to protect your future. In some situations, it may be possible to pursue expungement of the arrest record to prevent long-term damage to your reputation.

We also provide guidance on rebuilding family relationships, addressing probation requirements, or restoring firearm rights when eligible. Our clients appreciate that we stay involved even after the case ends, helping them close this chapter and move forward confidently.

Reach Out Today to Discuss Your Case With Professionals

At McCarter | East PLLC, we’re proud to serve Murfreesboro and Woodbury, Tennessee, from our office just two blocks from the courthouse—conveniently located for fast action and accessible legal support. As experienced criminal defense attorneys, we understand that every accusation requires a strong, immediate response and careful attention to detail.

If you or someone you know has been accused of domestic assault, don’t face the situation alone. Contact us today to discuss your case and take the first step toward protecting your rights, your reputation, and your future. We are here to listen, act quickly, and stand with you every step of the way.