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What Happens When Police Are Called for a Domestic Violence Case?

Posted on in Criminal Defense

Campbell County domestic violence defense attorney

The laws that determine police protocol when they are called to a domestic violence incident differ from state to state, and the procedure is particularly unique in Tennessee. It is worth understanding how police are told to act when they arrive on the scene and how this could affect your case if you are accused of domestic abuse. Most importantly, the consequences that you face as a result of domestic violence allegations can be severe. Therefore, it is crucial that you hire an experienced criminal defense attorney to make sure your rights were not violated during the arrest and help you determine the best strategy for defending against these charges.

Police Procedures for Domestic Abuse in Tennessee

When the police are called in for a domestic violence incident, they are highly encouraged to arrest the “primary aggressor.” If an officer thinks that he or she has probable cause to determine who may be the primary aggressor, it is a near certainty that an arrest will be made, regardless of the desires of the alleged victim. Police will also not assess the willingness of the alleged victim or other witnesses to testify in judicial proceedings.

Although these rules tend to encourage a single arrest, there is the possibility that all or none of the involved parties will be arrested. For example, if a police officer has evidence to suggest that the victim and the alleged abuser are equally at fault, the officer will use his or her discretion in deciding whether to arrest neither or both.

However, the likelihood of none or all parties being arrested is unlikely in Tennessee. Police will consider the following factors when trying to pinpoint the primary aggressor:

  • Whether the people involved have a history of domestic abuse

  • The severity of the injuries experienced by each person

  • Any evidence that can be provided

  • The possibility of future injury to the alleged victim

  • Whether anyone involved acted in self-defense

  • Evidence from third-party witnesses

Of course, many of the above issues are subject to interpretation on the part of law enforcement officers. Even if the alleged victim does not want the police officer to arrest anyone, the law encourages officers to do so.

Contact a Campbell County Domestic Violence Attorney

Presenting your case and defending your rights can be challenging if you have been accused of any type of domestic abuse. These serious allegations can be even more threatening when Tennessee law urges officers to make an arrest immediately. The accomplished Law Office of William F. Evans will help you develop a strong defense to avoid a conviction. To schedule a free consultation with our diligent Jacksboro, TN domestic violence attorneys, call us today at 423-449-7980.

 

Source: 

http://www.ncdsv.org/fortcampbell/IV-12_TN%20Code%20Ann.%2036-3-619_g___2005_.pdf

 

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