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Tennessee Juvenile Law Questions & Answers
1 Answer | Asked in Tax Law, Business Law and Juvenile Law for Tennessee on
Q: Is it legal for the city to open a hospitality tax account for a 12 year old's small business?

We asked the county clerks office if my son needed a tax license and they told us he was under 18 so to go enjoy his business and learn as there was no need to file anything at his age. He was not able to legally open an account. Later he set up at an event in city limits. I was sent an email... View More

James L. Arrasmith
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answered on Feb 22, 2024

The legality of a city opening a hospitality tax account for a minor's business depends on local laws and regulations, which can vary widely. While minors generally have limited legal capacity to enter into contracts or be held responsible for tax obligations, local jurisdictions may have... View More

1 Answer | Asked in Real Estate Law and Juvenile Law for Tennessee on
Q: Can HOA ban a 16 year old from their home under suspension of theft on the complex
James L. Arrasmith
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answered on Jan 13, 2024

In Tennessee, an HOA generally has the authority to enforce rules and regulations within the community. However, banning a 16-year-old from their home due to suspension for theft may require careful consideration of the HOA's bylaws and state laws. It's important to review the specific... View More

1 Answer | Asked in Education Law, Juvenile Law and Civil Rights for Tennessee on
Q: Tn. How is a random "weapons check" of random students- their pockets and backpacks- legal without warrant or suspicion?

KCS does random weapons checks of students and their personal property, not just lockers and MacBooks which I understand is not student property, at the public schools. The school system has procedure outlined to conduct these, but how is it not violating the students' 4th amendment rights?... View More

James L. Arrasmith
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answered on Nov 17, 2023

The legality of random weapons checks in schools, including searches of pockets and backpacks, is a complex issue that balances student safety with Fourth Amendment rights. The U.S. Supreme Court has ruled that public school students have reduced expectations of privacy while at school, which... View More

1 Answer | Asked in Constitutional Law and Juvenile Law for Tennessee on
Q: If someone has accused you of stalking can you provide a police report to their school if a minor?

Student committed theft from a local gas station To prevent charges they worked with the owner and accused the employee of stalking for chasing and finding out his identity. They are currently trying to press charges for stalking to scare the employee that was hit by his car from taking civil... View More

James L. Arrasmith
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answered on Nov 15, 2023

Providing a police report to a minor's school in a situation involving allegations of stalking is a sensitive matter.

Generally, if the police report is a public record, it can be shared. However, it's important to consider the purpose and the potential implications of doing so....
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1 Answer | Asked in Criminal Law, Traffic Tickets, Car Accidents and Juvenile Law for Tennessee on
Q: My son 17yrs has pleaded guilty to leaving the scene and has a court date of October 17th. Any advice will help

First offense

T. Augustus Claus
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answered on Sep 19, 2023

If your 17-year-old son has pleaded guilty to leaving the scene, it's important to familiarize yourself with the specifics of the state laws where the incident occurred, as penalties can vary. Before the court date, gather any evidence or testimonies that might be relevant to the incident or... View More

1 Answer | Asked in Juvenile Law for Tennessee on
Q: Can I take a one time dervison on my juvenile permacy plan and circuit court put them together as one
Anthony M. Avery
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answered on Feb 20, 2023

Those are two different cases in different Courts, so it would be difficult, and possibly not beneficial to do so. Talk to your attorney(s) about this or hire one. Usually it is better to dispose of one case then move to the other if possible.

1 Answer | Asked in Juvenile Law and Criminal Law for Tennessee on
Q: if 3 kids vandalized a was thought abandoned house but was sold and the door was unlocked,no private/trespassing signs

and the cops have been informed and have a court date set what could happen to the kids

Michael Hollins Sr.
Michael Hollins Sr.
answered on Nov 29, 2022

No one could tell you for sure what would happen prior to a judge hearing evidence in a case. However, it sounds like these kids need representation from an attorney who will look out for their futures. Depending on the charges, the kids' lives could be impacted in a negative way.

I...
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1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Tennessee on
Q: Can a guardian at litum force you to move in a domestic violence case??
Anthony M. Avery
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answered on Nov 30, 2023

No, but the GAL will report bad things about you to Court.

1 Answer | Asked in Criminal Law, Domestic Violence, Juvenile Law and Landlord - Tenant for Tennessee on
Q: Tn laws on tenant aiming a loaded gun at Property Owner's minor Son and his Mother
Anthony M. Avery
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answered on Nov 27, 2023

What is your question? It sounds like either an aggravated assault or justifiable self defense.

1 Answer | Asked in Criminal Law and Juvenile Law for Tennessee on
Q: Yes my son was in a car accident and he was the pasture side he's 16 years old and they're trying to charge him with und

And underage drinking can they do that

Anthony M. Avery
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answered on Oct 30, 2023

Yes... Hire an attorney to represent him and mitigate the damage.

1 Answer | Asked in Criminal Law, Family Law, Federal Crimes and Juvenile Law for Tennessee on
Q: Four years ago, my mother made me have a bath naked with two 12-year-old girls when I was 14 years old, can I sue?

I'm 18 and male. Four years ago when I was 14, my mother was going to visit her friend who lived in the countryside for a few days and she took me with her. While we were walking over to her friend's house, I slipped and fell in the mud. When we arrived at her friend's house, my... View More

John Michael Frick
John Michael Frick
answered on Jun 5, 2023

Generally, you cannot successfully sue someone unless their actions or inactions caused you to suffer actual legally compensable injuries. Your question does not mention any such injuries, and it is difficult to imagine how the facts you describe would likely result in any such injury.

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Tennessee on
Q: Pro Bono Needed Please!!!!!!

I have recently been through heck and back since February of this year, My mom passed March 13th 2023 also, but my child’s father has not seen or talked to my daughter for 7 or so months, we have a court order for child support since 2017 . The last payment received was 12/12/22. When they try to... View More

Henry Ambrose
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answered on May 30, 2023

Go to the local Child Support Office and take all your court orders about your child with you. They may be able to help you. If that does not work out, contact Legal Aid. You may be able to get a pro bono lawyer.

1 Answer | Asked in Juvenile Law for Tennessee on
Q: If an officer didn’t issue a citation, how long does he have to issue it in TN?

My son had snuff in his mouth at school. He got written up but never received a citation for tobacco court. They’re not an SRO on campus anymore.

Anthony M. Avery
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answered on May 8, 2023

Misdemeanors have a 1 year SOL from the incident to be initiated.

1 Answer | Asked in Juvenile Law for Tennessee on
Q: What happen if I fail my drug test and violate probation as a juvenile and I Got locked up for a Felony
Anthony M. Avery
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answered on Aug 29, 2022

Usually the Judge incarcerates you for some or all of your Sentence. In fact, the Probation Officer/Juvenile Officer usually takes you into custody when you fail the urine/hair test. Call your attorney.

1 Answer | Asked in Juvenile Law for Tennessee on
Q: Can Dcs legally make u separate from ur husband and threaten to take your kids away if you don't file a ppo on ur husban

D? How can I get my husband back in my house and not loose my kids to CPS custody either??

Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on Aug 28, 2022

It *sounds* like this is in the early stages of CPS involvement, in which case the Department of Children's Services merely needs to show there is "probable cause" to prevent your husband from having contact with your children, in the interest of keeping your children safe.... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Tennessee on
Q: I'm a minor who grabbed a CONSENTING minor's buttocks. We are both 14 in the state of Tennesee, was it illegal?
Anthony M. Avery
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answered on Apr 18, 2022

Yes .. Assault. Sexual Battery. etc.

1 Answer | Asked in DUI / DWI, Traffic Tickets and Juvenile Law for Tennessee on
Q: If my 15 year old son is driving and his dad has a beer open and drinking it, if they get pulled over what could happen
Anthony M. Avery
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answered on Apr 18, 2022

DUI By Consent, Underage Drinking, Contributing to Delinquency, Etc.

1 Answer | Asked in Criminal Law and Juvenile Law for Tennessee on
Q: I have a 16 year old that was caught shoplifting with a friend at Walmart. It was under $500. Is school notified?

She is on cheer squad and is afraid of getting kicked off and realizes how stupid it all was.

Should I hire a lawyer? She has never been in any kind of trouble before?

Cayley Turrin
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Cayley Turrin
answered on Jul 4, 2021

It is always best to hire a lawyer. They shouldn't notify the school but sometimes it does get out.

2 Answers | Asked in Juvenile Law for Tennessee on
Q: I’m 17 I live in the state of Tennessee. If I moved in with my boyfriend and go to school would I get in trouble or not?
Anthony M. Avery
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answered on Jun 14, 2021

The boyfriend can be prosecuted for Statutory Rape.

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1 Answer | Asked in Juvenile Law for Tennessee on
Q: We were told we have to bring our 6yr old to court do we have to?

My 6yr old daughter has missed 18days and thier telling us we have to bring her with us to court shes scared and dont want to go what do we do?

Anthony M. Avery
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answered on May 12, 2021

Who told you to bring the child to Court? If it is not an Order from a Judge, then you do not have to. But it sounds like other interested parties want the Child there. Hire an attorney to represent you, and take the Child to Court. Apparently your continued custody is in peril.

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