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Questions Answered by Ross Matuszak
1 Answer | Asked in Family Law for Tennessee on
Q: Can I get a prelim hearing involving dcs rescheduled?

I want to hire a lawyer..not satisfied with lawyer the court appointed a week ago..

Ross Matuszak
Ross Matuszak answered on Mar 30, 2021

Thank you for your question. If you have a hearing scheduled, it is up to the Judge whether or not to allow a continuance. If you want to change attorneys, you should start contacting attorneys that you may want to hire immediately.

Once you consult with and hire an attorney, the new...
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1 Answer | Asked in Domestic Violence for Tennessee on
Q: My fiancé and I had a fight. Someone called the police on us because he pushed me and was trying to protect himself.

I hit him first so I told the police and they took me to jail. I was there for 12 hours and I got charged with domestic violence. It’s my first time. We want to do peaceful contact. The problem is that I wasn’t supposed to text him call him or see him at all but i didnt understand that at the... Read more »

Ross Matuszak
Ross Matuszak answered on Mar 29, 2021

First, you absolutely need to STOP POSTING FACTS ABOUT YOUR PENDING CRIMINAL CASE and contact an attorney. You are making admissions that can get you in very serious trouble. An attorney can help advise you on future communication issues, file a motion to alter your bond conditions and get a court... Read more »

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: Should I pay and not go to court? Or go and plaid no contest and ask for driving school?

The officer pulled me for driving in a wrong way one street. I received a citation and there is a court date and a fine on it. It was a rainy day. Does pleading no contest can get me in trouble?

Ross Matuszak
Ross Matuszak answered on Mar 29, 2021

Thank you for your question. Pleading "no contest" or "nolo contendre" has a very similar effect to a guilty plea in that you are not disputing any facts and are accepting punishment for a crime. By entering a plea of no contest, you are saying that you do not contest the facts... Read more »

1 Answer | Asked in Juvenile Law for Tennessee on
Q: If my child is is being unruly and not going to school what are the steps I could take to fix this matter
Ross Matuszak
Ross Matuszak answered on Mar 24, 2021

Thank you for your question. In Tennessee T.C.A. 37-1-102 defines an Unruly Child as a child in need of treatment and rehabilitation who:

(i) Habitually and without justification is truant from school while subject to compulsory school attendance under § 49-6-3007; or

(ii)...
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1 Answer | Asked in Cannabis & Marijuana Law for Tennessee on
Q: I'm being charged with 1/2 a gram of marijuana introductory in to the jail. It wasn't tested and could have been cbd..

What can I be charged with

Ross Matuszak
Ross Matuszak answered on Mar 24, 2021

Thank you for your question. You can be charged with violating T.C.A. 39-16-201, which is the introduction or possession of weapons, explosives, intoxicants or drugs into a penal institution where prisoners are quartered. Violation of this statute is a Class C Felony, so it is extremely important... Read more »

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Can I file a police report on domestic violence without filing charges?

I took pictures a hour after it happened and the day after. Its been a week since the incident and most of its healed or just about healed but there is a evident scar under my eyebrow

Ross Matuszak
Ross Matuszak answered on Mar 15, 2021

Thank you for your question. To answer it simply, if you file a police report to report a crime, it is not your decision whether to charge the case or not. That decision lies with the State. However, if you are adamant with the police that you do not want to press charges and just want to report... Read more »

1 Answer | Asked in Uncategorized for Tennessee on
Q: My son is 13 years old and refuses to go to school. How does unruly child work?
Ross Matuszak
Ross Matuszak answered on Mar 12, 2021

Thank you for your question. Unruly child means a child in need of treatment and rehabilitation who:

(i) Habitually and without justification is truant from school while subject to compulsory school attendance; or

(ii) Habitually is disobedient of the reasonable and lawful...
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1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: Can my apartment complex tow my car for having expired tags?

My boyfriend's car has expired tags and they just a notice on it today that it will be towed. I searched through the lease agreement and I cannot find any information regarding a vehicle with expired tags. It only states they can tow if the vehicle is parked illegally like if it's in a... Read more »

Ross Matuszak
Ross Matuszak answered on Mar 12, 2021

Thank you for your question. Absent more information, I cannot give a definitive answer. However, many apartment leases include a "disabled vehicle" clause. This clause usually states that the apartment reserves the right to tow vehicles that they believe to be disabled or an eyesore (due... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: Ok my ex and I got divorced in 2020 and decided that we would alternate years on claiming the kids this year it was my

Turn and up until now we have split the last two stimulus checks because they were based on our joint tax return but with this third stimulus it will be based on the most resent one which I filed single with all three of our kids am I entitled to split this stimulus with my ex even though it is not... Read more »

Ross Matuszak
Ross Matuszak answered on Mar 12, 2021

Thank you for your question. If you already filed your 2020 tax return, it seems that the government may use that information to calculate the amount of stimulus you will receive. However, other sources say that the government may use 2019 data to calculate stimulus payments.

If there is a...
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2 Answers | Asked in Juvenile Law for Tennessee on
Q: I need to know what to do about a child that said he was being abused and then runaway came to my house
Ross Matuszak
Ross Matuszak answered on Mar 12, 2021

If you have no legal right to have this child at your house, it is probably in the child's and your best interest for you to contact your local Police and the Tennessee Department of Children's Services (DCS). You can explain to them what happened and they can decide what is best for the... Read more »

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1 Answer | Asked in Divorce and Domestic Violence for Tennessee on
Q: I need to know where to start with filing for divorce. We were married in Mississippi but he is now living in Virginia

I’m living in Tennessee now

Ross Matuszak
Ross Matuszak answered on Mar 5, 2021

Thank you for your question. Jurisdiction is tricky, especially when time passes and spouses move to different states.

I cannot speak to Mississippi or Virginia law, as I am not licensed in those states. However, if you have been a resident of Tennessee for more than 6 months, you may be...
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1 Answer | Asked in Family Law for Tennessee on
Q: In the state of TN does a mother have to have bedrooms for the children for privacy or can they sleep in an open loft?

Living situation: Ex-wife, mother, father, boyfriend, our two kids (9 year old girl, 10 year old boy), another girl (age 7 or 8 from another guy, not boyfriend), total of 7, in a 2 bedroom log cabin. 3 kids share an open loft with no privacy or doors. Completely open to the downstairs. Unknown,... Read more »

Ross Matuszak
Ross Matuszak answered on Mar 3, 2021

Thank you for your question. From the facts you provided, it doesn't seem that anything is criminally. However, the situation that you describe is odd, and a court may find that the living situation is not in the best interest of the children.

In many parenting plans (including those...
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2 Answers | Asked in Child Custody, Divorce and Family Law for Tennessee on
Q: Can I file for emergency custody of my children when I file for divorce?

I have no filed yet but my husband is an addict and I am scared for my kids to he with him wothoit me around.

Ross Matuszak
Ross Matuszak answered on Mar 3, 2021

Thank you for your question. Yes, you can file for full custody while the divorce is pending if you suspect that the children may be in danger due to your spouse's addiction issues. I would recommend hiring an attorney to assist you with the process to ensure that your children are protected.

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1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: Would I have to sell my home that my father had bought me during the marriage

I left the home cause of treats of violence against me. He is demanding $20,000 to leave my house. What can I do. He has also told my children he would burn house down. We do not have any children together

Ross Matuszak
Ross Matuszak answered on Jan 15, 2021

Thank you for your question. From what you said, it seems that you may be in danger. If you feel threatened or are actually threatened with physical violence, call the police immediately. It would also be a good idea to file an order of protection against your husband due to threats of violence and... Read more »

2 Answers | Asked in Divorce for Tennessee on
Q: I brought $75k of equity to purchase our first house together to my husband’s $0

Since then we have purchased another house using all the equity from the first. Am I entitled to recoup the $75k when we settle the house during the divorce?

Ross Matuszak
Ross Matuszak answered on Jan 7, 2021

Thank you for your question. First, you have to decide whether the divorce will be an agreed divorce or a contested divorce. It is possible that your husband will agree that since you came into the marriage with the $75,000, it is yours and should be awarded to you in the marital dissolution... Read more »

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1 Answer | Asked in Divorce, Child Custody, Child Support and Criminal Law for Tennessee on
Q: Mother in law won't stop unnecessary drama and borderline harassment.

I have a mother in law that either has a drug problem or some mental health issues or both. She always brings us up in drama that she has created and won't stop contacting us even though she's been told to stop until she can act right. This has been going on for years and can not act... Read more »

Ross Matuszak
Ross Matuszak answered on Dec 29, 2020

Thank you for your question. A way to keep your mother in law from contacting you is to file an order of protection. Orders of protection are civil orders granted in cases involving abuse, stalking (harassment is included in stalking for the purposes of an order of protection) or assault. From your... Read more »

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: Granddaughters in foster care. How to get them back on an emergency hearing?

Their mother assaulted me an April 10, 2020, pushing me back while I sat in a chair. Causing my head to hit the kitchen cabinets behind me. I filed a police report and they do not locate her that night. They (mother and new husband) lived with us and the granddaughters were already asleep. They... Read more »

Ross Matuszak
Ross Matuszak answered on Dec 14, 2020

Thank you for your question. With the facts you shared, one option is to file a petition for custody of your grandchildren. To get custody, you would have to present several facts to the court, including that the parents of your grandchildren are unfit to care for them. If there has been a finding... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for Tennessee on
Q: If my husband is having an affair and we have two kids and a house, should I contest the divorce or agree?
Ross Matuszak
Ross Matuszak answered on Dec 7, 2020

Thank you for your question. Unfortunately, there is no simple answer. It really depends on what your goals and what you want to accomplish. Your divorce sounds like it may get complicated due to the issues you described (affair, marital home, children). I can offer some general information, but... Read more »

2 Answers | Asked in Divorce for Tennessee on
Q: Does an order of reconciliation include a order of protection? Will they drop it as well?

My husband filed for a divorce and got a order of protection. We want to reconcile and I want to make sure the protection order will be dropped.

Ross Matuszak
Ross Matuszak answered on Dec 8, 2020

Just because you reconcile does not mean that the order will be dropped. If there is an active order of protection in place against you, it is very important to make sure that it is no longer in effect before contacting the person who obtained said order. You can face penalties (including time in... Read more »

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