Franklin, TN Domestic Violence Attorney
Williamson County, Tennessee Domestic Violence Assault Defense
After being arrested for a domestic related assault a person is likely to be detained for a period of 12 hours prior to being allowed to post bond. This 12 hour hold or cooling off period may be waived by a judge or magistrate, yet this rarely occurs. In situations where a person is arrested for a Domestic Assault which is alleged to have occurred days weeks or even months prior to the arrest it is appropriate to ask that this hold is waived. Likewise, when it is unlikely that the defendant will have any reason to contact the victim, such as the two do not reside in the same residence, it may also be appropriate to request that this is the waved. A lot can happen in 12 hours. Contact an attorney immediately at (615) 599-7719.
When released on bond for domestic related assault there are likely to be certain conditions of the defendant's release. These may include, but are not limited to, restrictions requiring that the defendant have no contact with the victim or that the defendant not return to his or her residence.
In most cases, the first appearance in court will be in General Sessions on a Thursday at 2 p.m. only days following a release from jail. For more on this Click Here.
Factors of Domestic Assault
In the recent past, several factors have caused Domestic Violence to emerge as a distinction within the assault category. If a defendant and the alleged victim are spouses or former spouses, related by blood or marriage, reside or have resided in the same household or have a child or children in common; then any assaults would be categorized as "Domestic". This distinction requires that certain federal statutes are triggered and the defendant shall no longer be allowed to own or possess a firearm.
In many counties the salary for the Assistant District Attorney who prosecutes domestic assaults are supplied by grants from the federal government, state government or in some cases civic organizations. In order to obtain these grants certain statistical data must be maintained by a prosecutor's office and submitted periodically to reflect the need for the funds. Unfortunately, this process can at times serve to impede a prosecutor's ability or willingness to exercise discretion in these cases. It is for this reason that it is important that a defendant is amply prepared to assert a defense in these matters. It is simply not enough to appear in court prepared only to tell the prosecutor and/or the judge that the defendant and the victim have reconciled and wish to have the matter dismissed.