Q: I was charged with domestic assault-misdeamnor B (contact that was provactive and offensive). He didn't press charges.
This occurred in my office where I needed to restrain my brother who is not well mentally and has been going through a very difficult time over the last 3 years (divorce, loss of kids, loss of job, depression, recovering addict, self medicating, anger issues, etc..). I was worries about him hurting himself, me, and my property in the office. However, in the state of Tennessee with domestic violence someone needs to be arrested and since I'm the one who made contact I was arrested and released on my own recognizance within a few hours. The officers even wrote the report in such a fasion. My brother doesn't want anything to happen to me so he's wanting to know his best course of action during court should be? Should he show up or not to court? He does have a victim subpoena form he received from the police. If he does show up what should he say?
A: No one can tell you what your brother will testify to at trial. If he is under subpoena, he has to show up. I assume there is a stay away order of some kind. Your best option is to retain counsel. That person can talk with your brother and give you a better idea of the outcome of your case.
A: Do not plead guilty to Domestic Assault under any circumstances.
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