Tennessee Domestic Assault Laws in 2026: What You Need to Know | Freeman & Fuson

Disclaimer: This post is for general informational purposes only and does not constitute legal advice. If you or someone you know has been arrested for or charged with domestic assault, consult a licensed Tennessee attorney immediately. 

A domestic assault arrest in Tennessee triggers consequences that begin before any conviction. The mandatory hold at booking, the immediate firearm restrictions, the GPS monitoring conditions on bond, the no-contact orders, and the cascade of collateral consequences for housing, employment, and child custody all start moving the moment charges are filed. Anyone who waits until the arraignment to start thinking about defense has already lost ground. 

Tennessee's domestic assault statutes have also undergone significant changes in the last two years. The Debbie and Marie Domestic Violence Protection Act took effect July 1, 2024. A new strangulation mandatory minimum was added to the domestic assault statute the same year. A first-in-the-nation public registry for repeat domestic violence offenders, created under Savanna's Law, took effect January 1, 2026. Anyone charged with domestic assault in Davidson, Williamson, Rutherford, or any other Middle Tennessee county is being charged under a substantially harder regime than the one in place two years ago. 

Here is what Tennessee's domestic assault law actually says right now. 

What Domestic Assault Is Under Tennessee Law 

Under T.C.A. § 39-13-111, domestic assault is the offense of assault under T.C.A. § 39-13-101 committed against a person in a defined domestic relationship. The State must prove the elements of assault and the existence of the qualifying relationship. 

The underlying assault can be charged on three theories under § 39-13-101(a): intentionally, knowingly, or recklessly causing bodily injury; intentionally or knowingly causing another to reasonably fear imminent bodily injury; or intentionally or knowingly causing physical contact that a reasonable person would regard as extremely offensive or provocative. The first two theories carry Class A misdemeanor exposure on a first conviction. The offensive-contact theory carries Class B misdemeanor exposure. 

The qualifying relationship comes from T.C.A. § 36-3-601, which defines a "domestic abuse victim" as a current or former spouse, a current or former cohabitant, a current or former dating partner, a person sharing a child with the defendant, or an adult family member related by blood or adoption. Most people associate domestic assault with intimate partners, but the statute reaches further. An assault between siblings, between adult parents and children, or between people who lived together at any point can qualify. 

What this means if you have been arrested 

The qualifying-relationship element is one of the first things a defense attorney will examine, because if the relationship does not fit any of the categories in § 36-3-601, the case may proceed as a standard assault rather than a domestic assault, with significantly lower exposure on firearm rights, mandatory minimums, and registry consequences. The classification of the underlying assault theory also matters substantially. Bodily injury and fear-of-injury cases carry Class A misdemeanor exposure. Offensive-contact cases carry Class B. The same incident charged on different theories produces different stakes. 

First, Second, and Third Offense Penalties 

Under T.C.A. § 39-13-111(d), the penalty structure escalates sharply with each subsequent conviction. 

A first conviction for domestic assault by causing or threatening bodily injury is a Class A misdemeanor, punishable by up to 11 months and 29 days in jail and a fine up to $2,500 under T.C.A. § 40-35-111. A first conviction for the offensive-contact theory is a Class B misdemeanor, punishable by up to six months in jail. 

A second conviction under § 39-13-111(d)(2) carries a fine of $350 to $3,500 and a mandatory minimum of 30 consecutive days in the county jail or workhouse, up to a maximum of 11 months and 29 days. The 30 days are mandatory and consecutive, which means they cannot be suspended, served on weekends, or split into shorter increments. 

A third or subsequent conviction under § 39-13-111(d)(3) is a Class E felony. The fine ranges from $1,100 to $5,000, and the mandatory minimum jumps to 90 consecutive days in the county jail or workhouse. The Class E felony classification carries a sentencing range of one to six years and brings the full set of felony collateral consequences with it. 

What this means for sentencing exposure 

The phrase "consecutive days" in § 39-13-111(d) is the most important thing to understand about second and third domestic assault convictions in Tennessee. These are not sentences a person can avoid by working out probation terms or by serving on weekends. The minimums are floors that the court is required to impose, and they have to be served straight through. A second conviction means at least 30 actual days in custody. A third means at least 90. 

Aggravated Domestic Assault and the Strangulation Provisions 

The exposure changes again when the conduct alleged crosses into aggravated assault under T.C.A. § 39-13-102. Aggravated assault includes assaults that cause serious bodily injury, that involve the use or display of a deadly weapon, or that involve strangulation or attempted strangulation. Aggravated assault involving strangulation is generally a Class C felony, punishable by three to fifteen years and a fine up to $10,000. 

The strangulation provisions deserve their own attention because they have changed meaningfully in recent years. 

Strangulation is its own enhancement. Under § 39-13-102, "strangulation" means intentionally or knowingly impeding normal breathing or circulation of the blood by applying pressure to the throat or neck or by blocking the nose and mouth, regardless of whether the conduct results in any visible injury or whether the person had any intent to kill or seriously injure. The breadth of that definition matters. An arm wrapped around a neck, a scarf pulled tight, a hand placed over the mouth and nose — any conduct that fits that definition can support a strangulation enhancement, regardless of whether the alleged victim sought medical attention. 

There is now a 30-day mandatory minimum for any domestic assault conviction involving strangulation. Under T.C.A. § 39-13-111(f), as amended by 2024 Tennessee Acts, ch. 987, effective July 1, 2024, a conviction under § 39-13-111 involving strangulation or attempted strangulation carries a mandatory minimum of 30 days incarceration, including participation in evidence-based domestic violence programming. 

Strangulation that causes loss of consciousness can be charged as attempted murder. Under § 39-13-102(f), an aggravated assault involving strangulation in which the victim loses consciousness may be prosecuted as attempted first degree murder under § 39-13-202 or attempted second degree murder under § 39-13-210. 

Strangulation of a pregnant woman is a Class B felony. Under the relevant subsection of § 39-13-102, strangulation or attempted strangulation of a pregnant woman is treated as a Class B felony, punishable by 8 to 30 years in prison and a fine up to $25,000. 

What this means if strangulation has been alleged 

Strangulation allegations transform a domestic assault case in ways that are not always obvious from the surface. The Tennessee statutory definition is broad enough that conduct the alleged victim would not characterize as "strangling" can still support the charge. Officers responding to a domestic call routinely ask whether breathing was impeded, and how that question is answered at the scene often determines whether the eventual charge is misdemeanor domestic assault or Class C felony aggravated assault. An attorney involved early can affect how the responding investigation develops, and how those questions are framed in any subsequent statements. 

The Debbie and Marie Domestic Violence Protection Act: GPS Monitoring on Bond 

Public Chapter 1033, the Debbie and Marie Domestic Violence Protection Act, took effect July 1, 2024 and changed how bond conditions work in domestic violence cases. 

Under the Act, defendants released on bond for certain domestic violence offenses can be required to wear a GPS monitoring device as a bond condition. The Act specifically targets cases involving the use or display of a weapon, strangulation or attempted strangulation, and aggravated assault. The GPS monitoring is paid for by the defendant, and it is paired with a notification application that alerts the alleged victim if the defendant comes within a designated distance. 

The Act creates a presumption in favor of GPS monitoring in qualifying cases, and an exception is available only when the defense can affirmatively demonstrate that the defendant does not pose a danger to the alleged victim or the community. That showing is made before release, which means the defense work begins as soon as bond is set. 

A separate $10 electronic monitoring indigency fee under § 39-13-102(e)(4) is also assessed against any person convicted of an aggravated assault against a domestic abuse victim, with proceeds directed to the electronic monitoring indigency fund. 

Savanna's Law: The New Public Domestic Violence Registry 

The most significant recent change to Tennessee domestic violence law is Savanna's Law, enacted as House Bill 1200, signed by Governor Lee on May 21, 2025, and effective January 1, 2026. 

Savanna's Law creates a public registry of "persistent domestic violence offenders," maintained by the Tennessee Bureau of Investigation. A persistent domestic violence offender is defined as a person convicted of an offense committed against a domestic abuse victim who also has at least one prior qualifying conviction. Qualifying offenses include assault, domestic assault, sexual assault, stalking, and certain murder offenses where a domestic abuse victim is involved. 

The registry includes the offender's name, date of birth, conviction date, county or counties of conviction, and a current photograph. It excludes home addresses, Social Security numbers, and driver's license numbers, distinguishing it from Tennessee's Sexual Offender Registry. 

A few practical features of the law are worth understanding: 

Victim consent is required. The statute provides that a court will not require registration unless the victim agrees to it or, in the alternative, the victim is unavailable for the determination. Without victim consent, registration does not occur. 

The law applies prospectively. A qualifying conviction must occur on or after January 1, 2026 to trigger registration. Convictions from before that date do not, by themselves, place anyone on the registry. However, prior convictions can count toward the "at least one prior qualifying conviction" element when a post-2026 conviction occurs. 

Removal is possible after a defined period. Information can be removed from the registry after five years (one prior conviction), seven years (two priors), ten years (three priors), or twenty years (more than four priors), measured from the most recent qualifying conviction. 

What this means for someone facing charges right now 

Any domestic violence-related conviction entered on or after January 1, 2026 can serve as the triggering conviction for registry inclusion if the defendant has a qualifying prior. For someone with any prior domestic violence-related conviction in Tennessee, even one from years ago, a current case carries registry exposure that did not exist for similar cases resolved before 2026. The decision to plead, the decision to take a plea to a lesser charge, and the decision to go to trial all carry weight they did not carry under prior law. 

Firearm Consequences 

A domestic assault conviction carries firearm consequences in Tennessee that begin at conviction and persist after the sentence is served. 

Under Tennessee law, T.C.A. § 36-3-625 requires surrender of firearms within 48 hours of an order of protection issued in connection with a domestic abuse case, and Tennessee statutes restrict firearm possession during the pendency of qualifying orders. Refusing to comply with the surrender requirement is a separate Class A misdemeanor. 

Separate federal firearm restrictions also apply to anyone convicted of a misdemeanor crime of domestic violence and operate independently of Tennessee law. The federal piece is a distinct issue from the state exposure addressed in this post and warrants its own conversation with counsel familiar with that area of law. 

Other Collateral Consequences 

A domestic assault conviction in Tennessee carries several additional consequences that can outlast the criminal sentence itself. 

A permanent record on the National Crime Information Center (NCIC) database appears in standard background checks for employment, housing, and licensing. Many employers and landlords screen specifically for domestic violence convictions, and some occupational licenses require disclosure. Court-ordered batterer's intervention programs are routinely imposed as part of probation or alternative sentencing in domestic assault cases. Orders of protection issued in connection with the case can restrict residence, contact, and movement for extended periods. Family law proceedings, including divorce and custody actions, can be substantially affected by a domestic assault conviction or even by an unresolved charge. 

There is also a $225 fine, where the defendant has the ability to pay, that is credited to a state fund supporting family violence shelters and shelter services. This fine is statutorily separate from the standard fine ranges in § 39-13-111. 

Frequently Asked Questions About Tennessee Domestic Assault Charges 

What counts as a domestic relationship in Tennessee? 

T.C.A. § 36-3-601 defines a domestic abuse victim as a current or former spouse, a current or former cohabitant, a current or former dating partner, a person who shares a child with the defendant, or an adult family member related by blood or adoption. Casual social or business relationships do not qualify. Whether a particular relationship fits one of these categories is sometimes contested, and the answer can determine whether the charge proceeds as domestic assault or as standard assault. 

Can the alleged victim drop the charges? 

In Tennessee, the State of Tennessee, not the alleged victim, decides whether to pursue domestic assault charges. An alleged victim's request to drop the case is one factor a prosecutor will consider, but it is not controlling. Many domestic assault cases proceed to trial or plea even when the alleged victim has expressed a desire not to prosecute. 

What is the mandatory hold after a domestic assault arrest? 

Tennessee law requires a 12-hour hold before release after an arrest for domestic assault, aggravated assault, or stalking against a domestic abuse victim. The hold can extend to 24 hours if the judge finds the defendant inflicted serious bodily injury, strangled the alleged victim, or used a deadly weapon. 

Will a first-time domestic assault conviction stay on my record? 

A domestic assault conviction in Tennessee remains on the criminal record indefinitely and is reported to the National Crime Information Center database. Tennessee has a limited statutory expungement process for some offenses, but domestic assault convictions are excluded from most categories of expungement eligibility. 

Does a Tennessee domestic assault conviction affect my gun rights? 

Yes. Tennessee law restricts firearm possession during the pendency of qualifying orders of protection and requires surrender of firearms within 48 hours of certain orders. Separate federal restrictions on firearm possession also apply to anyone convicted of a misdemeanor crime of domestic violence and are addressed by attorneys who practice in that area. 

What happens if strangulation is alleged but not visibly injurious? 

Tennessee's statutory definition of strangulation does not require visible injury. Under § 39-13-102, the offense is established by intentionally or knowingly impeding normal breathing or circulation, regardless of whether the conduct results in any visible mark or whether the person had any intent to kill or seriously injure. This is one reason responding officers are trained to ask specific questions about breathing and consciousness at the scene.

Will I be placed on the Savanna's Law registry? 

Registry exposure depends on three things: whether the current conviction is for a qualifying domestic violence offense, whether you have at least one prior qualifying conviction, and whether the alleged victim consents to the registration requirement. The registry was created on January 1, 2026 and applies prospectively, so the triggering conviction must be entered on or after that date. 

Can a domestic assault charge be reduced to standard assault? 

Sometimes, depending on the facts and the prosecutor. The most common path involves contesting the qualifying-relationship element under § 36-3-601, since standard assault under § 39-13-101 carries materially lower exposure than domestic assault under § 39-13-111. Whether the path is realistic in a particular case depends on the evidence and the prosecutor's office. 

The Stakes in 2026 Are Materially Higher 

Anyone charged with domestic assault in Tennessee in 2026 is facing a regime that has been hardened in three significant ways since 2023: mandatory GPS monitoring on bond in qualifying cases, an expanded strangulation mandatory minimum, and the new public registry under Savanna's Law. The collateral consequences for firearms, employment, housing, and family law are also more durable than people generally expect when they first walk into a courtroom on a domestic charge. 

The window for a defense to take shape is narrow. Bond conditions are set quickly, and no-contact orders can issue at the initial appearance. Statements made to officers at the scene and at the station are routinely the most important evidence in the case. The decisions about whether to give a recorded statement, whether to consent to a search, and how to respond to follow-up contact from the alleged victim are decisions worth making with counsel rather than under pressure. 

If you have been arrested or charged with domestic assault, or you have reason to believe you are about to be, the time to talk to an attorney is now. 

Joseph Fuson and Nick Schulenberg are criminal defense attorneys at Freeman & Fuson in Nashville, Tennessee. Call (615) 298-7272. 

This article is intended for general informational purposes and is not legal advice. Every situation is different. Please consult an attorney regarding your specific circumstances.