If you are involved in a relationship it’s likely that on occasion you may suffer an argument or a misunderstanding that can escalate into a loud confrontation. In the state of Tennessee, should the police be called because of a complaint, they are trained to look for signs of a physical abuse of any kind. If signs of assault are present in the investigation of a domestic disturbance, the law states clearly that it “shall” result in an arrest of one or both parties. Police officers are under legal obligation to make such an arrest if it appears that someone had been physically assaulted when they respond to a domestic violence or domestic disturbance call.
Domestic violence laws in Nashville, Tennessee are unique. Even if a person who has been harmed in a domestic altercation does not want to press charges against the offender, an arrest can be made at the discretion of the responding officers. In other words, if one of party is determined to be the aggressor and may be guilty of the abuse, the police have the right to make an arrest regardless of the desire of the other party to not press charges. Actually, they have more than a “right” to make an arrest… they have an “obligation” under the law to make an arrest.
The law was enacted to try to prevent an assaulted party from dropping or not pressing charges at all because of the fear of retaliation from their abusive party. In such cases where the police determine it is necessary, and the evidence supports it, they must arrest the aggressor on domestic violence charges. Domestic violence charges will ensue when physical assault is evident. One of the most unique aspects of the domestic violence legislation in Nashville, Tennessee is that the person who has been allegedly assaulted does not need to press charges for an arrest to be made. To prevent an assaulted party from dropping charges or not pressing charges at all because of an envisioned threat from their partner, police must arrest the aggressor for domestic violence charges. Whether the victim desires to pursue the matter or not, domestic violence charges will be pressed when evidence of a physical assault is present.
If you have been arrested and charged with domestic violence, it is of the utmost importance to retain expert representation by Nashville Criminal Lawyers to fight for your innocence. At Ridings Law Group, P.C., we have been leaders in defending the rights and innocence of clients charged with domestic violence and other crimes. For more than 13 years we have specialized in giving our clients an extra measure of defense because of our intimate knowledge of the law from many vantage points.
Having served for years as a police officer, Attorney David Ridings has a keen insight into how police officers gather evidence to help the prosecution’s case. Using this past experience to build a solid defense, you are ensured the best opportunity possible to prove your innocence. When you are facing domestic violence charges, contact our Nashville Criminal Lawyers at Ridings Law Group, P.C. to discuss your case.
You have rights, and you deserve aggressive representation from an attorney that knows the system. Attorney David Ridings has spent much of the last 24 years on every side of the criminal justice system. From the Police Force, to the District Attorney’s Office, to the Criminal Defense table, Attorney David Ridings has the experience you need. Get the representation you deserve from an attorney with experience you simply can’t get from a book.