Technically, yes, because The Debbie and Marie Domestic Violence Protection Act,  which goes into effect 07/01/2024, says the magistrate “shall” order defendants accused of felony domestic assault charges to wear a device. However, there is one option that TN’s new domestic violence GPS law provides as a way for felony domestic assault defendants to avoid wearing a GPS device: IF the court or magistrate finds the defendant no longer poses a threat to the alleged victim or public safety AND makes such a finding in a written order, THEN the defendant can be released on bail without the GPS system.

Making such a finding in a written order could put the court, and the local jurisdiction in a potentially liable situation should the defendant harm the accuser after their release. As such, the odds of a magistrate doing so are very slim.

However, the odds of domestic assault defendants being released on bail before the mandatory 12-hour hold expires are equally as slim. Yet, our domestic violence lawyers have successfully eliminated or reduced this hold time on multiple occasions. Likewise, our lawyers expect to find success either at the magistrate level or by petitioning the assigned judge to remove the GPS device after the defendant is released on bail. Call 615-873-5670 to speak with an experienced defense lawyer.

See: Are GPS Devices Required For Bail On Misdemeanor Domestic Assault Arrests?