Ask a Question

Get free answers to your Domestic Violence legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Tennessee Domestic Violence Questions & Answers
0 Answers | Asked in Domestic Violence and Family Law for Tennessee on
Q: I’m wondering if a civil court agreed restraining order restricts my rights to own firearms.

I was never arrested or charged for any crimes. The order says:

restrained from contacting the Petitioner, by email, text message, telephone, postal mail, or any other means. It is further ORDERED that the Respondent, shall be, and hereby is, restrained from coming about the Petitioner. It... View More

1 Answer | Asked in Domestic Violence and Family Law for Tennessee on
Q: I’m wondering if an agreed restraining order that I got years ago effects my gun rights

I got a civil agreed restraining order in Knoxville tn in 2017 and I’m wondering if it restricts my right to own guns. I was never charged with any crime or arrested. I had a x girlfriend who got mad at me and filed a order of protection and I was a kid and didn’t know what to do so I got an... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2024

You will have to read the complete OP verbatim. They usually restrict firearm possession, but not always. However rarely are they extended past 1 year from the Order's entry. Yours is probably expired and of no effect. Why did your lawyer not tell you about any firearm restrictions?... View More

1 Answer | Asked in Domestic Violence for Tennessee on
Q: in Tennessee is it public knowledge of the domestic abuse abuser, and victim?
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 6, 2024

Yes

1 Answer | Asked in Child Custody, Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: My sister died I was informed by the police u knowingly my sister had passed the child was in my care

But the father has has lost parental rights in two occasions 2009 and 2011 from his still married wife but one of those children he knew wasn't his but the state took them all 4 but when I found out my sister was dead the police made me leave her with neighbor but because I wouldn't give... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 6, 2024

I'm so sorry to hear about the loss of your sister and the difficulties you're facing right now. It sounds like you're going through an incredibly stressful and complex situation, especially with the care of your niece and the complications surrounding your mother's and... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: I lied about my fiancé choking me until I passed out. Now he’s in jail. Can I go to jail now for lying on him?
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2024

Yes ... Hire a lawyer to represent you on how to stay out of Court and trouble. It is delicate.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Need to turn myself in over a domestic violence charge that's been t Falsely accused
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2024

Hire a competent attorney. Do not plead guilty except with diversion. DA is worst than some felonies, so trial may be necessary. Leave victim alone.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: I was domestically assaulted while in NY by my ex. I am now back home in TN, can I make a police report in TN.
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2024

No... Subject matter jurisdiction will be the State where the crime occurred.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: How can I help with getting domestic violence charges dropped as the victim

My boyfriend and I got into a physical argument, he broke down the bathroom door and I bruised his shoulder. I contacted the police because I wanted the situation to be deescalated, we have never gotten into anything like this before. Obviously, he got charged with DV. We have a 2 month old at home... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 13, 2024

DA is worse than some felonies, especially in Knox Co. Boyfriend needs an attorney. He should not plead guilty to DA under any circumstances except there is Diversion, Dismissal and Expungement. Period...

1 Answer | Asked in Domestic Violence for Tennessee on
Q: As the victim of domestic violence, how can I modify or dismiss a no contact order?

I believe the no contact order is too hash and not in the best interest of my family. I have been left to support (physically, emotionally and financially) our minor and disabled kids on my own. The police took it too far and even photographed existing scars as part of the assault.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 15, 2024

File a Motion to Modify the Order with the issuing Court. Defendant will also need to be served.

2 Answers | Asked in Domestic Violence, Criminal Law and Constitutional Law for Tennessee on
Q: I was charged with domestic violence, pled guilty to simple assault. I was not informed that my gun rights were going to

Be taken. Is there any way to get them back in tn.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

Misdemeanor Assault does not create a firearm disability, but Domestic Assault does. You need to get a certified copy of the Arrest Warrant/Judgment with the final disposition on it. Consult with a competent attorney. If non-domestic assault was the Judgment, then you will need to start using... View More

View More Answers

1 Answer | Asked in Domestic Violence for Tennessee on
Q: If I am the victim but did not press charges the state did . Do I still have to answer the interrogatories questions?
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 7, 2024

Something is not right. Either you took out an OP, a civil action, or the State charged Defendant with Domestic Assault., a crime. Written Interrogatories are in civil actions, not criminal prosecutions. It sounds like you filed an Order of Protection and now you have to put on proof.... View More

1 Answer | Asked in Child Custody, Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: I'm wanting to know what makes my ex immune from any domestic violence paperwork that I have taken out?

He knocked my tooth out, knowingly, intentionally,and purposely burned me with a cigarette and then kidnapped my children, which I should have had all custody rights to because we were not married and I have been trying to get my children back ever since, this man has stolen 400$ off my bank card,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 10, 2024

I'm really sorry to hear about the situation you're facing. No one should be immune from the consequences of domestic violence, and your ex should be held accountable for his actions. If you have already taken out domestic violence paperwork, such as a restraining order, and it has not... View More

1 Answer | Asked in Domestic Violence for Tennessee on
Q: How long is the statute of limitation for attempted domestic strangulation?
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024

I doubt attempted strangulation is a crime in Tennessee. But most likely a maximum of 8 years from the strangulation incident would be the SOL for a charging instrument to be issued or returned.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: I went two times to be indicated but I haven't got indicated is that a good sign for a no bill
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2024

Yes it is good so far. But when the victim testifies at the grand jury, you will get indicted. Be ready to hire an attorney, and do not talk about this incident.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: How many times can your name go up against the grand jury before a no bill is issued
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2024

Many times until the SOL has run.

2 Answers | Asked in Domestic Violence and Immigration Law for Tennessee on
Q: Does my 18-year old child need to file form i-360, in order to submit her adjustment of status package (1-485 & i-765)?

I am at the verge of filing a VAWA petition, based on repeated abuse suffered from my USC spouse. I intend to include my child (18-year old, single and lives in the U.S) as a derivative applicant on my i-360 petition, to enable him file both form i-485 and i-765 concurrently. Since I will be filing... View More

Ghenadie Rusu
PREMIUM
Ghenadie Rusu pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2024

The USCIS allow for the children of a principal applicant filing under VAWA to be included as derivative beneficiaries if they are unmarried and under 21 years of age. Therefore, your 18-year-old child can be included on your I-360 petition as a derivative beneficiary. No additional I-360 on his... View More

View More Answers

1 Answer | Asked in Domestic Violence and Immigration Law for Tennessee on
Q: Can my child file forms i-485 & i-765 if she is a derivative on a VAWA petition that I am about to file.

I am desirous of including my child (18 years old, he lives in the United States) as a derivative of my VAWA petition due to abuse from my USC spouse. I will be filing concurrently forms i-765 and i-485 along with the form i-360. Can my child also file forms i-765 and i-485 concurrently as well,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2024

Yes, your child can indeed file forms I-485 (Application to Register Permanent Residence or Adjust Status) and I-765 (Application for Employment Authorization) as a derivative beneficiary of your Violence Against Women Act (VAWA) petition. When you file your Form I-360 (Petition for Amerasian,... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: If I have missed court due to not being provided summons or any notice of court dates how can I resolve w/o jail time?

Protection order violation. Arrested, was homeless due to this false allegation. When out of jail I was not provided a court date and never was sent a summons or information on my next court date. The protection order was dropped due no one showing in court. However the violation was picked up by... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2024

Hire a TN attorney to take you to Court, probably off the Docket. If possible, get it dismissed.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: I had a pretrial deferment on a domestic abuse charge, after completing probation it was supposedly expunged.

Will it show up on a background check for K1visa?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2024

It should have been expunged in the Court in which the charge was before. Call the Court Clerk and ask about your docket number. If not expunged, do it now.

2 Answers | Asked in Domestic Violence and Criminal Law for Tennessee on
Q: My ex was arrested for domestic assault and called me from jail for 2 days after judge gave order of protection.

She was charged with violating said order by calling me from jail. What is the punishment for this.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2024

Apparently you are the victim, which she was not supposed to contact. You should have known that and should have hung up. Now she has probably violated bond conditions and could easily remain in jail pending trial. I recommend she get an attorney, and both of you keep quiet. Her lawyer can... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.