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Tennessee Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Tennessee on
Q: How long is the statute of limitation for attempted domestic strangulation?
Anthony M. Avery
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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
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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
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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
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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

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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
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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
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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
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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
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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

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3 Answers | Asked in Domestic Violence for Tennessee on
Q: I lied on my 18 year old boyfriend and accused him of domestic violence bc he was cheating I am 16 can I get arrested?
Anthony M. Avery
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answered on Mar 1, 2024

DA is a serious charge worst than some felonies. Boyfriend needs a good attorney who knows how to handle this case so it gets dismissed and you do not go to jail. He should not plead to anything short of diversion, and prepare for trial with you as the victim/witness.

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1 Answer | Asked in Domestic Violence for Tennessee on
Q: What are the repercussions of domestic violence /child abuse when victim is 2 months till they are 18 and they are not i

In danger from abuser. And can testify to tht themselves.

Anthony M. Avery
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answered on Feb 29, 2024

Not sure of what you are asking. I suggest the person charged with a crime hire an attorney as DA is worst than some felonies, for life. The victims need to keep their mouths shut . There are alot of bureaucrats and LEOs that make their living off this kind of thing.

1 Answer | Asked in Domestic Violence, Federal Crimes, Libel & Slander and Personal Injury for Tennessee on
Q: I have concerns about my partner being swatted by his now ex wife. False claims of violence lead to felony charges.

Wilson county police and swat responses to a woman who claimed she was punched in the face and had a chair smashed into her face. When police arrived there were no injuries. The swat team was used to apprehend the person the woman claimed inflicted the injuries when the individual asked if the... View More

James L. Arrasmith
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answered on Feb 25, 2024

It's deeply concerning to hear about your partner's situation, especially with the severity of the accusations and the involvement of SWAT based on false claims. False accusations, particularly those leading to a wrongful conviction, are serious matters that can have long-lasting impacts... View More

1 Answer | Asked in Domestic Violence for Tennessee on
Q: How can I get a domestic against my husband dropped and order of protection lifted
Anthony M. Avery
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answered on Feb 11, 2024

You will need to hire a TN attorney and let him guide you. This is a public forum.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: I was recently arrested with a domestic violence and false imprisonment against my ex I found out he was cheating on me

So I lost it this is my second domestic violence case and I just wanna know what’s my next step he abusive too but I just never called the police

Anthony M. Avery
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answered on Jan 18, 2024

Those are serious charges. Hire an attorney now to prepare for a Preliminary Hearing. Trial may be necessary. You could be incarcerated. This is a public forum, so do not post anything else about it here or anywhere else. Do not talk about it and try to assemble witnesses. Work and stay... View More

2 Answers | Asked in Domestic Violence for Tennessee on
Q: Is a no contact order mean you have to stay away from the other person
T. Augustus Claus
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answered on Jan 16, 2024

Yes, a no-contact order typically means that the individual to whom the order is directed must refrain from any form of contact with the protected person. This includes physical contact, communication through various means such as phone calls, texts, emails, and even indirect contact through third... View More

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1 Answer | Asked in Domestic Violence and Family Law for Tennessee on
Q: What kinds of documents or proof do I need to prove I’m in fear of my child’s father abusing him?

I have a temporary OP and need to know what I need to have with me at court to get the permanent OP granted. My son’s father is extremely abusive towards women and has been for 15+ years. I didn’t think he would abuse my son until he came home the other day from his house and went to school and... View More

Todd B. Kotler
Todd B. Kotler
answered on Dec 18, 2023

Given these facts, you should get your child into counseling. Unfortunately, it is unlikely you would be able to get the counselor to testify regarding his or her notes, given the short period between getting a temporary protection order and a full hearing on the merits. School records, previous... View More

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: Can I be charged with unlawful possession if I’m at my girl friend house and she has guns? We have different address

We have different addresses and she wrote a statement and got on the stand testified she lied on me but they still charging me for something I didn’t do. I even have photo evidence she had a gun pointed at my face. I need help immediately please.

James L. Arrasmith
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answered on Dec 12, 2023

In Tennessee, being charged with unlawful possession of a firearm depends on several factors, including your specific circumstances and legal status. Merely being in a house where guns are present does not automatically make you guilty of unlawful possession. However, if there are certain... View More

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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 Domestic Violence for Tennessee on
Q: I plead guilty to a misdemeanor domestic violence charge in 2017. Will I ever be able to purchase a firearm again in TN?
Anthony M. Avery
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answered on Nov 22, 2023

No...That misdemeanor is worst than some felonies. You might apply for a governor's pardon sometime. But consult with a competent attorney and learn of the many effective weapons legally available to you. Noone should ever plead guilty to that charge without diversion involved.

1 Answer | Asked in Real Estate Law, Domestic Violence and Contracts for Tennessee on
Q: Can I get back down payment on a house I bought with a partner that started psychically abusing me?

(typo: *physically abusing me) I moved out a few months ago and we used a quitclaim deed to get me off the title, but I am still on the mortgage and they threatened to sue me for missed payments since I agreed to pay until the end of this year. I agreed at first out of fear but now I want to know... View More

Anthony M. Avery
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answered on Nov 9, 2023

Physical attack by another tenant is not a release from financial obligation on a note secured by a deed of trust. CH 7 Bankruptcy might be an option. Why did you give a deed without payment therefor? Usually the lender will foreclose on the home first, then possibly come after the... View More

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