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Tennessee Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence and Criminal Law for Tennessee on
Q: I was previously charged with domestic violence but the case was dismissed can I still purchase firearms
Anthony M. Avery
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Anthony M. Avery
answered on Mar 16, 2023

If you are not convicted of DA or have any other firearm disabilities, then you can possess firearms. However that charge is probably on your record if not expunged. So you will fail a NCIC. Might want to expunge it.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: What is penalty for first time domestic violence in TN and no prior record and what penalty is interfering with 911 call
Anthony M. Avery
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Anthony M. Avery
answered on Mar 10, 2023

DA is a very serious crime, worse than some felonies. Hire an attorney. Do not plead guilty under any circumstances except Diversion. 11 mo/29 days, fine and no firearms ever.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: I own my own home and my ex won’t leave my property after I was arrested for domestic violence.

The night I was arrested for aggravated domestic she told the police she was packing her things and leaving and wasn’t coming back but once I bonded out of jail I went straight to rehab now my ex who doesn’t pay any bills nor has a lease with me (as I own my own home free and clear) has changed... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Mar 6, 2023

If you actually own the property, then file a Detainer Warrant in Sessions Court. Do not talk or argue with her about it. You may need an attorney, especially if she does not leave after your judgment for possession.

1 Answer | Asked in Domestic Violence, Appeals / Appellate Law and Constitutional Law for Tennessee on
Q: How do i get my right to own a firearm back with an old (2017) misdemeanor domestic charge. For personal & home defense

Old charge from 2017. No weapons involved were involved at all. No other relating charges. Long since separated from significant other (at time). I now live alone and have my daughters off\on. I want to own one for personal and home defense because of this.

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 2, 2023

The process to restore your right to own a firearm after a domestic violence conviction varies depending on the state you reside in. Generally, if you have a domestic violence misdemeanor conviction, you are prohibited from possessing a firearm under federal law. However, some states have... Read more »

1 Answer | Asked in Domestic Violence and Libel & Slander for Tennessee on
Q: My boyfriend was charged with domestic assault I wrote a statement on him. how am I protected in tn from his retaliation

He is blaming me and saying he will make me pay. I feel like i am being blackmailed he knows all my life details. He could twist things around to harm me and my name what can I do to prevent this? surely the police encounter this a lot

Henry Ambrose
Henry Ambrose PRO label
answered on Mar 1, 2023

You can petition the court for a protective order so he cannot have contact with you. Without more details its hard to say if that is your best solution. You should call a lawyer where you live and ask for advice.

1 Answer | Asked in Domestic Violence, Family Law and Criminal Law for Tennessee on
Q: How does husbands drop domestic against me tn
Cayley Turrin
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Cayley Turrin
answered on Mar 1, 2023

They can let the prosecutor know but it is also up to the prosecutor whether to continue pressing charges.

1 Answer | Asked in Constitutional Law and Domestic Violence for Tennessee on
Q: I pleaded guilty to a domestic violence charge 25 years ago in Tennessee,Why can’t I get my constitutional right back?

I would like to hunt and protect myself but I feel helpless.

Anthony M. Avery
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Anthony M. Avery
answered on Jan 31, 2023

Domestic Assault is worse than some Felonies, and you should have known that 25 years ago prior to pleading. I assume that conviction is on your NCIC. You may wish to examine the legal weapons you can possess. There are muzzleloaders that can kill an elephant.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: what if you are at your house and step out in the yard and they smell it and u go to jail because it's on your side.
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 23, 2023

Hire an attorney to prepare for a Preliminary Hearing. Do not get in more trouble.

2 Answers | Asked in Domestic Violence and Criminal Law for Tennessee on
Q: My husband was arrested for domestic assault for pushing me the ground while drunk after someone called the cops on him

After being released on bond, he immediately entered into a rehab program and will be back for the hearing. I’m not sure what happens since I’m not the one who called the cops. The big issue is alcohol and I would love for him to continue treatment. When sober, he doesn’t show any signs of... Read more »

Henry Ambrose
Henry Ambrose PRO label
answered on Jan 8, 2023

This is complicated. You should talk to a counselor who works with these kind of situations. If you don't have that available to you talk with a trusted responsible family member or friend. This is not to determine his innocence or guilt or punishment, but rather to determine if you want to... Read more »

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1 Answer | Asked in Domestic Violence and Criminal Law for Tennessee on
Q: Can I get arrested for missing a status report hearing for misdemeanor domestic violence in erwin Tennessee
Brandon D. Fersten
Brandon D. Fersten
answered on Dec 29, 2022

Yes, you have an obligation to appear at every court date if you are a defendant in a case. It is imperative that you call your lawyer immediately to explain why you missed court so that your attorney can reach out to the ADA on your case to request they lift the attachment for your arrest that the... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: My boyfriend bonded out for hitting me and was already on probation for a different case diff charge will this b vilatio

Will this cause him to violate his probation in another county

Anthony M. Avery
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Anthony M. Avery
answered on Dec 19, 2022

Probably as only a violation, not a conviction, violates Probation/Bond Orders.

1 Answer | Asked in Family Law and Domestic Violence for Tennessee on
Q: How does the respondent pay for court costs in TCA-36-3-617 and what happens if they don’t pay
Bennett James Wills
Bennett James Wills
answered on Dec 14, 2022

Costs are paid to the clerk's office. Failure to pay could result in further penalties.

1 Answer | Asked in Family Law, Domestic Violence and Criminal Law for Tennessee on
Q: I slapped my 20 yr son across the face during an argument and got charged with domestic assault X 2 for daughter too

Yet I never touched my 19 yr old daughter. Any advice?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 12, 2022

Domestic Assault is a very serious offense, worse than some Felonies. Hire an attorney to prepare for a Preliminary Hearing. This is a public forum. Do not contact your Son under any circumstances. Diversion, Dismissal and Expungement should be sought if not Dismissed initially.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: My ex was arrested for dv after beating me. I was trying to leave. Finally got out. How am I protected now?

I have been getting beat and verbally abused for years by him. I was arrested 3 times because he called in as the abused and I was protecting myself from me extensive injury. My charges were dropped. I lived with him the whole time even though I was legally not allowed in his home. Until last... Read more »

Cayley Turrin
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Cayley Turrin
answered on Nov 17, 2022

I suggest hiring an attorney or getting one appointed to ensure that that does not happen.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: What does plea deadline hearing mean?

I was a victim of aggravated assault, the grand jury indicted him with two counts, one aggravated assault by strangulation the second aggravated assault with serious body injuries. I have not been going to all the hearings as I am terrified of seeing him.

I did have to testify and that was... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 15, 2022

That is usually the deadline for Defendant to enter into an agreed upon guilty plea to a crime and an agreed Sentence. Otherwise a Trial Date is set.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: My children’s dad was sent to jail on my behalf It got over exaggerated is it good for me to explain the situation to da

He gotten charged with domestic (tiny scratch) & vandalism for breaking the phone he bought me. Should I speak with A DA or no ? I don’t want any chargers or anything done on him. What should I do to help with process ?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 10, 2022

Domestic Assault is more serious than some Felonies. Defendant needs an attorney now. This is a public forum. Do not talk to anyone but his lawyer.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: My husband was arrested for domestic violence. He has 4 felony charges. The case had its first grand jury hearing Nov .

At the time of arrested he was in severe psychosis. This never happened before. He has schizophrenia. I don't know if that has been considered. But when we called.for help the day of the crime, law enforcement denied assistance to mental health crisis. 2 hours later it became a crime.... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 7, 2022

Husband needs a competent attorney now. You all have not handled this correctly and have played into the domestic violence army's hand. Lawyer needs to prepare for a Preliminary Hearing, and you all need to not talk to anyone.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Tennessee on
Q: If someone is accused of choking their spouse, even if it's he said/she said, will that person automatically be arrested

After the choking incident, the very next night in fact, there was another incident. He was not arrested or held the mandated 8 hours. Is the police department negligent in this case?

Cayley Turrin
PREMIUM
Cayley Turrin
answered on Nov 4, 2022

Depends on a wide variety of factors. The hold is a mandatory 12 hours.

1 Answer | Asked in Domestic Violence and Criminal Law for Tennessee on
Q: With two victims of a crime, is restitution payed one at a time in the state of Tennessee or both receive monthly paymen

I was supposed to receive payment at a certain time only the other victim received payment

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 4, 2022

Call the Court Clerk and inquire as to what is going on. It does sound like they forgot you. Have the Docket Number and Defendant's name handy. You could also call the DA that prosecuted the Case.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: My husband got arrested for aggravated assault and I some of what I told the cops and wrote on statement were a lie

He should not be charged with aggravated assault I was mad and said things that weren’t true and wrote things on statement that wasn’t true. I want him out of jail and back with me

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 24, 2022

Hire an attorney to represent and advise you. Defendant definitely needs an attorney also. That is a serious charge with permanent consequences. Do not talk to anyone else about this, especially the State.

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