What is the absolute first step I must take if falsely accused of domestic violence in Tennessee?

The absolute first step is to **remain silent** and **immediately request an attorney**. Due to Tennessee’s **mandatory arrest law**, police must arrest the primary aggressor if probable cause exists, regardless of your protestations. Anything you say will be used against you, so invoke your right to counsel before speaking.

What is the Tennessee 'mandatory arrest' law and how does it affect me?

Tennessee law requires officers responding to a domestic call to determine and arrest the **primary aggressor** if they find probable cause. This means that even if you were acting in self-defense, you are likely to be arrested, and the officers are generally **not allowed** to decline arrest once probable cause is established.

What evidence should I gather and preserve to prove my innocence?

You must immediately preserve **digital evidence** (texts, emails, voicemails, social media messages, phone call logs) that establish a history of threats, manipulation, or contradictions by the accuser. Additionally, photograph any injuries to yourself and secure contact information for any witnesses present.

Will the court automatically issue a 'No-Contact Order' against me?

A judge will often issue a **Mandatory No-Contact Order** as a condition of your bail or bond during the arraignment, even if the accusation is false. Violating this order by contacting the accuser, even if they initiate contact, is a separate criminal offense.

How do false allegations of domestic violence affect divorce or custody cases?

False allegations are frequently used as weapons in divorce and custody battles. A pending Domestic Assault charge creates a presumption of danger and will often result in the accused party losing temporary custody or having highly restricted visitation, making the defense of the criminal charge critical to the family law outcome.

How does a conviction impact my right to own a firearm, even if it's a misdemeanor?

A conviction for misdemeanor Domestic Assault results in a **lifetime ban** on possessing or purchasing any firearm or ammunition under the federal **Lautenberg Amendment**. This is true even if the accusation was initially false, emphasizing the need to avoid conviction at all costs.

Can the accuser drop the domestic violence charges against me in Tennessee?

No. The charges are brought by the **State of Tennessee**, not the alleged victim. Even if the accuser tries to recant or drop the charges, the District Attorney's office has the sole authority to prosecute the case and may proceed without the victim's cooperation, based on police reports and other evidence.

What is the primary defense strategy for fighting a false domestic violence charge?

The primary strategy involves thorough investigation to establish **self-defense** or expose the **accuser's motive to lie** (e.g., leverage in a divorce, mental instability, substance abuse). The attorney will use motions to suppress police evidence or challenge the accuser's credibility with contradictory statements to force a dismissal or favorable plea.

What to Do If You’re Falsely Accused of Domestic Violence in Tennessee

If you’ve just been accused of something you didn’t do, especially something as serious as domestic violence, you’re probably scared, confused, and wondering what happens next. The first thing to know is that you’re not alone. False accusations happen more often than most people realize, and they can turn your world upside down in an instant. In Tennessee, domestic violence charges carry serious consequences that can affect your freedom, your job, your family, and even where you can live.

Why This Is Serious

In Tennessee, being charged with domestic violence doesn’t just mean jail time. You could be banned from your home, lose custody of your children, and be restricted from owning a firearm. And even if the case is based on false claims, the court system treats all accusations with urgency and caution. That’s why it’s important to take fast, smart steps right away.

Do Not Confront the Person Who Accused You

It’s natural to want to fix the problem by talking it out. Maybe you think if you just explain your side, everything will be okay. But that can backfire. If the police or court think you’re trying to influence the accuser, it can be seen as harassment or intimidation. That might lead to more charges or a protective order that makes things even worse. Stay away. Let your lawyer handle all communication.

Talk to a Lawyer Right Away

This is not the time to try to handle things on your own. Even if you think the truth will speak for itself, the legal system doesn’t work that way. You need someone who knows how Tennessee law works and can protect your rights from the start. A good lawyer will guide you through the process, explain what to expect, and make sure you don’t say or do anything that could hurt your case.

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Best

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Start Building Your Side of the Story

Your lawyer will help you gather proof that supports your side. This might include text messages, emails, photos, witness statements, or anything that shows where you were or what really happened. If you have past records that show the accuser has made false claims before, those could help too. The more you can show, the better chance you have to clear your name.

Follow the Court’s Rules Carefully

If the court gives you a protective order, even if you think it’s unfair, you must follow it. That means staying away from the accuser, not calling, not texting, and not sending messages through someone else. If you break the order, even by accident, it can lead to arrest and jail. Stay calm, stay quiet, and let your lawyer handle things in court.

Understand What a Protective Order Means

In Tennessee, a protective order, sometimes called a restraining order, can be put in place quickly—often with just the word of the accuser. That order can ban you from your home, block you from seeing your kids, and more. These orders are often temporary at first, and then there’s a hearing to decide if they should be longer. Your lawyer can help you fight the order and tell your side at the hearing.

Garth Best was extremely helpful in my case. He explored and explained everything to me clearly and never stopped checking out every option. I am absolutely grateful I chose him as my attorney. Best and Brock are a great choice for representation. Thanks again.

- Jeremy Forgey

Matt Brock did an outstanding job with my case. Very thorough and knowledgeable attorney, highly recommended. Its very obvious through my interactions with him that he has the experience and knowledge to win in court. I will not go anywhere else. Great job, much appreciated.

- Chris Griffin

Prepare for the Hearing

This is your chance to speak up. With your lawyer, you’ll get ready to tell your side of the story to the judge. That includes reviewing any proof you have and possibly having witnesses who can support your story. Don’t try to do this alone. The hearing can decide where you can live, whether you see your children, and how the rest of the case goes.

Think About the Bigger Picture

False accusations can hurt your reputation. They can affect your job, your family, and your future. But it’s possible to recover. Your lawyer might be able to get the charges dropped, prove your innocence at trial, or help you clear your name through a legal process called expungement. The key is to stay patient and let the legal steps play out.

What If It’s a Custody Fight?

Sometimes false domestic violence claims happen during child custody battles. One parent may accuse the other to gain an advantage in court. If this is happening to you, let your lawyer know right away. The courts look very carefully at these situations, and your lawyer can help show the truth to the judge.

What If the Accuser Changes Their Mind?

It’s common for someone to take back their accusation after realizing the damage it causes. But even if they do, the case may not go away. In Tennessee, the state can continue with the charges even if the person who made the claim doesn’t want to. That’s why you still need a lawyer to fight for you in court.

Protecting Your Rights at Every Step

Once charges are filed, even if they’re false, your rights can be affected right away. That’s why having a lawyer by your side is not just helpful—it’s necessary. Your lawyer isn’t just there to talk in court. They’ll help make sure the police and the court treat you fairly, that you understand your options, and that your voice is heard. They can ask the court for more time, challenge false claims, and push for evidence to be reviewed with care. You also have the right to remain silent. It’s tempting to want to tell your side to police or investigators right away. But that can backfire if your words are taken out of context. Before you say anything, let your lawyer speak for you. That keeps you protected and avoids mistakes that can hurt your case.

How This Can Affect Your Job and Record

A false charge doesn’t just go away once court is over. If you’re found guilty, even by mistake, it can stay on your record and show up in background checks. That can hurt your chances at jobs, housing, or even going back to school. If you’re in the military, law enforcement, or hold a professional license, the damage could be even worse. That’s why fighting the charge from the start is so important. If your case is dismissed or you’re found not guilty, you may be able to clear your record. This is called expungement, and it helps make sure the charge doesn’t follow you around for the rest of your life. Your lawyer can walk you through how this works in Tennessee and whether you qualify.

How to Protect Your Future

Being falsely accused can shake your world. But it doesn’t have to ruin your life. Keep records of everything, stay away from the accuser, and lean on your lawyer for help. This is a time to be smart, stay calm, and protect your name the right way.

Take the Next Step with Best & Brock

If you’ve been falsely accused of domestic violence in Tennessee, now is the time to act. At Best & Brock, we’ve helped people just like you protect their rights and get their lives back on track. Let’s talk about your case and build a plan that gets you through this with your dignity and future intact. Call today to get started.

(423) 829-1043

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Domestic Violence

What to Do If You’re Falsely Accused of Domestic Violence in Tennessee

Why This Is Serious

Do Not Confront the Person Who Accused You