People accused of domestic violence would be required to stay behind bars for at least 12 hours if a new proposal becomes law.
Further from The Tennessean:
State law requires a 12-hour “cooling off” period, but there’s a loophole that allows judges to waive the period. That judicial discretion led to a controversial case in Nashville in June and prompted Rep. William Lamberth, R-Cottontown, to file a bill that aims to take away the judge’s choice.
“These are very volatile, dangerous situations in which this 12-hour hold is critical to ensuring that there’s at least 12 hours there for victims to evaluate their circumstances and try to get whatever help they need to make sure they’re safe when the defendant is released,” Lamberth said.
In the controversial Nashville case, well-known real estate developer David Chase was arrested after police say he assaulted his girlfriend. Chase’s attorney called his friend — Davidson County Judge Casey Moreland — after the arrest. Moreland called Judicial Commissioner Steve Holzapfel, who presided over the case and released Chase before the 12-hour period was over.
Police say Chase returned to his home and assaulted his girlfriend again immediately after he was released.
“That brought to light a problem we have statewide of consistency of when a 12-hour hold is actually put on someone who’s been arrested for domestic assault or violation of a protection order or when it has not,” said Lamberth, a former assistant district attorney in Sumner County.