What to Do if Your Partner Calls the Police for Domestic Violence

 Posted on October 14,2022 in Domestic Violence

October is National Domestic Violence Awareness Month. There is no doubt that domestic violence is a serious issue, including here in Tennessee. In 2020, there were almost 70,000 domestic violence reports made to law enforcement. Penalties for convictions are harsh. A first-offense domestic violence conviction can result in up to 12 months in jail.

Tennessee Domestic Violence Laws

In Tennessee, a crime is labeled as a domestic violence crime if the parties fit into any of the following categories:

• Current or former spouses

• Current or former dating partners

• Current or former roommates

• People related by blood or adoption

• People currently or formerly related by marriage

• A parent and child (including adult children)

Police Have Been Called. Now What?

There are many situations where a couple begins arguing and that argument escalates to the point where one of them calls the police. This can occur even if there was no actual domestic violence involved. If you find yourself in this position, you should leave the premises immediately, unless you are under the influence of alcohol and/or drugs. The following are the reasons why:

• Safer scenario for all involved – When law enforcement is responding to a domestic violence call and have been told the alleged abuser is still on the premises, they are on high alert. This is understandable given the large number of officers who have been killed in the line of duty responding to these types of calls. However, if they know the alleged abuser has left the home – which will be relayed to them by the 911 dispatch – that threat of potential violence is no longer present and the risk of injury for everyone involved is greatly reduced.

• There will be no record of your statement to police – If you are there when the police arrive, the entire encounter will likely be recorded, including everything you say or do. This can all be used against you as evidence should you be charged with a crime.

• You will likely be arrested – If you stay, the odds you will be arrested spike. As mentioned above, domestic violence calls involve parties with elevated emotional levels and police are looking to resolve the call as quickly and safely as possible. The only thing an officer needs to make an arrest is probable cause and that probable cause can be based on your partner’s accusations alone. This is not to say you will not be arrested later, depending on the prosecutor’s investigation and decision – but this will also give you the time to contact a criminal defense attorney for legal advice instead of sitting in a jail cell.

Call a Knox County Domestic Violence Defense Attorney

If you are facing accusations of domestic violence, or have already been arrested, do not delay in contacting a Knoxville, TN domestic violence attorney for legal help. Call Jeffrey Coller, Knoxville Criminal Defense Attorney at 865-281-1000 to schedule a free consultation.

Source:

https://www.tn.gov/content/dam/tn/tbi/documents/2020%20Domestic%20Violence%20complete.pdf