How Do Police Determine Who The Aggressor Is In A Domestic Violence Situation?
When police respond to domestic assault calls, determining who the actual aggressor can sometimes be a problem. It is not uncommon for both parties to have injuries and conflicting stories about what happened. Police will observe injuries to the parties and interview them and any other witnesses who may have been present. They will then make determinations on who the primary aggressor is and that person will be arrested.
I Was Arrested And Charged In a Domestic Violence Case. Will I Be Given Bail?
There are many different factors the court uses in determining bail.
Generally speaking, you will be given bail in most domestic violence cases. There are some exceptions. Occasionally, a defendant won’t be given bail if they currently have an open domestic violence case and have been arrested again while that case is still being adjudicated. Bail may also be denied if it is shown a defendant is a continuing danger to the victim.
Does An Alleged Victim Actually Need To Be Injured For a Charge To Be Made In A Domestic Violence Related Case?
No there is no actual injury required for you to be charged with domestic assault. Under Tennessee law, a person may be charged for an “offensive touching” or for placing another in imminent fear of bodily injury. In neither case is injury required. In cases involving imminent fear of bodily injury, there is no requirement of any physical contact at all, threats with words or actions is enough.
What Happens If The Alleged Victim Recants Allegations Of Domestic Abuse? Is The Case Automatically Dismissed?
If the alleged domestic violence victim changes their story, it can be good for the defendant because it makes the alleged victim appear less reliable in court. However, it doesn’t automatically mean that the charges are going to be dropped. A victim does not have the power to drop or dismiss a case against a defendant. Only the District Attorney has that power.
What Strategies Can Be Used To Defend Clients In Domestic Violence Related Cases? Is Self-Defense Ever A Viable Defense?
There are several defense strategies for domestic violence cases and the strategies really depend upon the facts of that particular case. Self-defense is a valid defense to a charge of domestic violence. You always have the right to defend yourself from a physical threat. Your physical response must be in measure with the threat from the other party.
What Is Considered Aggravated Assault In A Domestic Violence Case?
There are three forms of aggravated assault in the state of Tennessee. A person either uses or displays a weapon in an assault on another, strangulation, or an assault which leads to severe injuries. Aggravated assault is a C Felony punishable by 3-15 years and up to a $10,000 fine.
For more information on Domestic Violence Cases In Tennessee, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (615) 864-6527 today.
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