Domestic violence cases are among the most emotionally charged and legally complex cases handled by the criminal justice system. When law enforcement responds to a domestic disturbance, the result often includes an arrest and the filing of criminal charges, regardless of whether the alleged victim wants to “press charges.” In fact, one of the most common misconceptions held by both people accused of the crime and victims of abuse is that the alleged victim has complete control over whether charges are filed and whether a case is prosecuted. In reality, the process is far more complicated, and the victim has far less control. To help clear things up, a Murfreesboro criminal defense attorney at Bennett | Michael | Hornsby explains the victim’s role in a domestic violence case in Tennessee.
How Domestic Violence Is Defined in Tennessee
Under Tennessee law, domestic violence is not a separate criminal charge but rather a classification applied to certain offenses, such as assault, when
committed against a person with whom the defendant shares a specific relationship. The crime of “assault,” for example, is defined in Tennessee Code §39-13-101 as follows:
- Intentionally, knowingly, or recklessly causes bodily injury to another.
- Intentionally or knowingly causes another to reasonably fear imminent bodily injury.
- Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.
Under Tennessee law, an assault becomes a domestic assault if the alleged victim fits into one of the into one of the categories:
- Adults or minors who are current or former spouses.
- Adults or minors who live together or who have lived together.
- Adults or minors who are dating or who have dated or who have or had a sexual relationship but does not include fraternization between two individuals in a business or social context.
- Adults or minors related by blood or adoption.
- Adults or minors who are related or were formerly related by marriage.
- Adult or minor children of a person in a relationship that is described in the previous descriptions.
The Alleged Victim’s Role in the Legal Process
When law enforcement officers are called to the scene of a “domestic disturbance,” the officers make the decision to arrest someone – or not arrest someone. Once an arrest is made, the arresting officer submits a probable cause affidavit to the prosecutor’s office. That office then reviews the affidavit and decides whether to file criminal charges against the arrestee. If charges are filed, the case is prosecuted by the State of Tennessee, not by the alleged victim. This is an important distinction for both the alleged victim and the defendant to understand. Although the victim’s wishes are typically taken into consideration by the prosecuting attorney, they do not ultimately control the outcome of the case. The prosecutor has the authority to move forward with or without the victim’s cooperation.
It is also crucial to keep in mind that in Tennessee, as is the case in many states, law enforcement officers may be required to make an arrest if they have probable cause to believe a domestic assault has occurred. This policy is designed to protect victims from retaliation or coercion and to ensure that violence is taken seriously. Consequently, a person can be arrested even if the alleged victim insists that no crime occurred or does not want to press charges.
Can the Victim “Drop” the Charges?
The same misconception that occurs during an arrest frequently applies after charges have been filed. People are frequently under the impression that the alleged victim can simply tell the court to drop the charges and end the case. That, however, is not how the criminal justice system works. Once an arrest has been made and charges have been filed, the decision to dismiss the case rests solely with the prosecutor.
While a victim’s cooperation is often critical to the strength of the prosecution’s case, the State can compel testimony through a subpoena or proceed using other forms of evidence, such as 911 calls, photographs, medical records, or statements made to police. In some cases, even if the alleged victim recants or changes their story, the prosecution may continue if they believe there is enough evidence to secure a conviction. Once again, these policies and practices are in place to prevent victims from being coerced or threatened by a defendant in a domestic violence case into “dropping” the charges.
Contact a Murfreesboro Criminal Defense Attorney
If you have been charged with domestic violence in Tennessee, consult with an experienced Murfreesboro criminal defense attorney at Bennett | Michael | Hornsby as soon as possible to discuss your legal options. Contact the team today by calling 615-898-1560 to schedule your free appointment.
