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Being charged with domestic assault is a stressful and life-disrupting experience. Beyond the emotional toll, the legal implications are immediate and severe. In Tennessee, a domestic assault charge often comes with a no-contact order as a condition of bond or pretrial release. This means you could be legally barred from returning to your home or speaking with your spouse, partner, children, or other loved ones—sometimes forcing you to find temporary housing with family, friends, or in a hotel.
At Barnes & Fersten, we understand how quickly your life can be turned upside down. Our experienced criminal defense attorneys have helped countless clients navigate these challenges—working quickly to amend no-contact orders when possible and fighting aggressively for case dismissals or reduced charges.
As a firm that focuses exclusively on criminal defense, our track record speaks for itself. Just ask our clients—our Google reviews reflect the trust we’ve earned as one of Knoxville’s top-rated criminal defense law firms. This page will walk you through what to expect after a domestic assault charge and how our team can help protect your future every step of the way.
Domestic assault occurs when an assault involves a special relationship between the alleged victim and the accused. The following relationships can cause an assault to be classified as domestic:
🔶 Simple Domestic Assault – Bodily Injury – Class A Misdemeanor
This is the most common form of domestic assault in Tennessee. It applies when someone intentionally, knowingly, or recklessly causes bodily injury to a person in a domestic relationship—such as a spouse, romantic partner, roommate, or family member. Importantly, Tennessee law defines “bodily injury” broadly—it doesn’t have to be serious or visible. Pain, redness, or swelling can be enough to support this charge.
Potential Penalties:
🔶 Simple Domestic Assault – Fear of Imminent Injury – Class A Misdemeanor
A person can be charged with domestic assault even if there’s no physical contact, as long as they intentionally or knowingly place a domestic partner in fear of immediate bodily harm. This can involve threatening gestures, verbal aggression combined with physical intimidation, or any behavior that causes the victim to reasonably believe they’re about to be harmed.
Potential Penalties:
🔶 Simple Domestic Assault – Offensive Contact – Class B Misdemeanor
This form of assault involves offensive or provocative physical contact without causing bodily harm or fear of injury. For example, poking someone during an argument, grabbing their wrist, or spitting on them could qualify. These cases often arise from verbal altercations that escalate into minor physical contact.
Potential Penalties:
🔶 Aggravated Domestic Assault – Serious Injury, Deadly Weapon, or Strangulation – Class C Felony
Aggravated domestic assault is a felony and applies when the alleged assault involves a deadly weapon (such as a knife, gun, or a blunt object), causes serious bodily injury (e.g., broken bones, deep wounds, unconsciousness), or includes acts of strangulation or attempted strangulation. These cases are taken extremely seriously by prosecutors and judges and often come with restrictive bail conditions, including mandatory GPS monitoring.
Potential Penalties:
🔶 Aggravated Domestic Assault – Reckless Conduct – Class D Felony
This version of aggravated assault occurs when someone recklessly—not intentionally (as outlined above)—causes serious bodily injury to a domestic partner or uses or displays a deadly weapon in a reckless manner. A typical example might include throwing an object during a fight that unintentionally strikes and injures the other person.
Potential Penalties:
🔶 Repeat or Habitual Domestic Assault – Class E Felony
Tennessee law increases the severity of a domestic assault charge when the defendant has two or more prior domestic assault convictions—even if those prior charges were misdemeanors. This habitual offender statute treats repeat offenses as a felony and carries enhanced penalties, including mandatory jail time and higher fines. Judges and prosecutors often view repeat cases as a pattern of abuse, which can significantly affect bail decisions, plea offers, and sentencing outcomes. The previous domestic assault must have occurred within ten (10) years to be enhanced to the mandatory minimum jail times.
Potential Penalties:
Domestic violence accusations carry consequences that begin the moment you’re arrested. Our criminal defense attorneys act fast to protect your rights and prevent a permanent mark on your record. Our firm has successfully defended clients in cases ranging from first-time allegations to felony-level aggravated assault charges.
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With over 250 5-star reviews, our firm is known for prioritizing client experience and delivering real results. We don’t just fight criminal charges—we guide you through every step, ensuring clear communication and a personalized defense strategy tailored to your unique situation.
Every domestic assault case is reviewed by our entire team, so you’re not relying on one person’s opinion or availability. From bond hearings to trial prep, we bring together multiple perspectives to build the strongest defense possible. That includes reviewing police conduct, analyzing witness credibility, and exploring every legal avenue to dismiss or reduce your charges.
Facing a domestic assault charge is an overwhelming experience—but our domestic assault lawyers guide you through the legal process with clarity, urgency, and a strategy designed to protect your future. Our defense begins the moment you’re arrested and continues until your case is resolved or dismissed.
One of the first challenges after a domestic assault arrest is the automatic no-contact order. In many cases, this means you can’t return home—even if the alleged victim wants contact—and may be forced to stay with family or in a hotel. These orders also restrict contact with your children, relatives, or cohabitants.
Our domestic violence attorneys act quickly to file a motion to amend bond conditions, asking the judge to remove or modify the no-contact order. If the alleged victim consents, courts often grant this request—typically with a condition prohibiting assaultive or threatening behavior. This helps clients reunite with loved ones and restore stability while the case moves forward.
We don’t take a one-size-fits-all approach. Every domestic assault case is different, and we tailor our strategy to the facts. Common defense strategies include:
Challenging the credibility of the alleged victim or witnesses
Identifying inconsistencies in police reports or body cam footage
Arguing self-defense or mutual confrontation
Exposing lack of physical evidence
Highlighting intent to deescalate, not harm
We also carefully review whether officers respected your rights at every stage—such as how the arrest was handled, whether Miranda warnings were given, and how statements were collected.
Our ultimate goal is to protect your long-term future. In many cases, we work toward:
Complete dismissal of the charges
Reduction to a non-domestic offense (e.g., disorderly conduct or simple assault without domestic)
Negotiating conditional dismissal with no plea required
If no better option is available, we may pursue judicial diversion.
Judicial diversion is a legal option for eligible misdemeanor offenses, including domestic assault (but not aggravated assault). If granted, you technically plead guilty, but the court withholds entering the conviction. You’ll be placed on probation, and if you complete it successfully:
The charge is dismissed
Your record is eligible for expungement
The case won’t appear on most background checks
Important: You only get one judicial diversion in your lifetime—so our attorneys use it strategically, only if no better alternative exists.
A domestic assault charge can feel like your entire life is unraveling—but with the right criminal defense team, you can take back control. At Barnes & Fersten, we understand what’s at stake: your home, your family, your future. That’s why we act quickly to protect your rights and build a personalized defense strategy aimed at minimizing or eliminating long-term consequences.
Contact Barnes & Fersten by calling 865-805-5703 or filling out our contact form for a free consultation. Our attorneys have successfully represented countless individuals charged with domestic assault and aggravated assault across East Tennessee including but not limited to Knox County, Loudon County, Anderson County, Blount County, Sevier County, Union County, McMinn County, and Roane County.
Barnes & Fersten PLLC was founded with you, our future client, as the focal point. We work hard every day to deliver each client a high-quality, personalized and aggressive representation.
