Justice Gregory Geason has pleaded not guilty to both charges and is expected to next appear in court in early February.
Geason, who was granted bail at his first court appearance on December 1, has been on leave since early November.
State parliament, which was recalled at short notice by the government, is expected on Tuesday to debate a motion calling on the governor to suspend Geason.
Geason's lawyer Fabiano Cangelosi has written to the speaker of the lower house and president of the upper house saying the suspension move is not constitutional.
Experienced lawyers Greg Barns SC and Grant Donaldson SC have also provided an attached letter of legal opinion.
The pair argue the relevant law, the Supreme Court (Judges' Independence) Act 1857, does not expressly empower the Tasmanian parliament to suspend or remove a justice of the Supreme Court.
"The act merely provides that any purported suspension or removal is unlawful unless preceded by an address of both houses of parliament," they said.
Mr Cangelosi said the legislative course proposed for suspending Geason was "constitutionally invalid to the extent that it purports to authorise suspension".
"It follows that any address to the governor of Tasmania relying upon that provision is similarly invalid, and should not be pursued," Mr Cangelosi said.
Mr Cangelosi flagged legal action should parliamentarians pass the motion.
Justice Geason has provided a signed undertaking to MPs he will not sit in any matters or exercise his powers as a Supreme Court judge until the criminal matter is finalised.
It is alleged Geason emotionally abused or intimidated a person between April and November and tracked them using technology.
He has been accused of assaulting the person on October 31 by grabbing their arms, squeezing, shaking them and striking them with his hand.
According to court documents, Geason is accused of coercing his alleged victim into establishing a shared phone account to gain access to their electronic records.
Geason interrogated the person about their whereabouts, subjected them to verbal abuse and exhibited "jealousy, rage, anger and aggression", it is alleged.
Tasmanian Attorney-General Guy Barnett last week scrapped plans to set up an inquiry into Geason's fitness to serve as a judge, instead saying the suspension motion would be moved.
Mr Barnett said it was appropriate Geason be suspended in light of the serious charges against him.
The state government has been contacted for comment.
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