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Tennessee Domestic Violence Questions & Answers
0 Answers | Asked in Civil Rights, Family Law, Juvenile Law and Domestic Violence for Tennessee on
Q: How can I prevent being placed in state custody at 17 in TN with open CPS case?

I am 17 years old, living in Tennessee, and my parents have an open CPS case. They want to send me to state custody because they claim I'm too hard to handle. My parents have physically harmed me by choking and pulling my hair. The police said they couldn't do anything due to lack of... View More

1 Answer | Asked in Domestic Violence, Child Custody, Civil Litigation and Family Law for Tennessee on
Q: Seeking legal assistance for order of protection and custody dispute due to ex-husband's harassment.

I have started a process for an order of protection through a family safety agency and am seeking legal assistance for court representation and a custody dispute. My ex-husband has been surveilling my property multiple times a week. Although he hasn’t been served with the protection order, he... View More

James L. Arrasmith
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answered on Apr 13, 2025

It’s good that you’ve started the process for an order of protection and are seeking legal assistance. Given the harassment and surveillance you’re facing, it’s important to document everything, including dates, times, and details of each incident. This will help build your case when... View More

1 Answer | Asked in Animal / Dog Law, Criminal Law and Domestic Violence for Tennessee on
Q: Seeking advice on handling witnessed animal abuse in a complex family situation in TN.

I am witnessing animal abuse towards our pregnant dog by my stepdad, which is causing distress among my family. The situation is complex because my stepdad is the sole provider, and I'm worried about the legal consequences, which might lead to homelessness for my mom and me, while my siblings... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s deeply troubling to witness animal abuse, and it’s important to take steps to protect the dog while also considering the complexities of your family situation. Animal cruelty is a serious crime in Tennessee, and reporting the abuse is essential to stop it. You can contact local animal... View More

1 Answer | Asked in Domestic Violence and Gov & Administrative Law for Tennessee on
Q: How to inform court not to make ex parte order permanent?

I am the petitioner of an ex parte order, with the hearing scheduled for tomorrow for a judge to review evidence and decide whether the order becomes permanent. I initially felt in fear for my life, but after some time, I am no longer worried and believe I may have overreacted. I have not... View More

James L. Arrasmith
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answered on Apr 13, 2025

You're doing the right thing by thinking this through before the hearing. If you no longer believe the ex parte order is necessary, the best way to let the court know is by attending the hearing in person. That hearing is your chance to speak directly to the judge, explain your change of... View More

1 Answer | Asked in Domestic Violence and Civil Litigation for Tennessee on
Q: Can my wife get a PPO without proof of privacy violation?

Can my wife be granted a PPO at a hearing if she believes I violated her privacy without actual proof, based on an incident where I accidentally made holes in the bathroom wall while looking for studs to move mirrors? I was on the phone with a coworker when this happened, and I put the mirrors back... View More

James L. Arrasmith
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answered on Apr 13, 2025

Your wife could request a Personal Protection Order (PPO) based on her belief that you violated her privacy, but without clear evidence of the violation, it could be challenging for her to successfully obtain one. In most cases, a PPO requires evidence of actual harm or a credible threat, such as... View More

1 Answer | Asked in Domestic Violence, Juvenile Law and Family Law for Tennessee on
Q: Isolated by mom and her boyfriend, belongings taken, and possible abuse. What can I do?

I am 17 years old and for the past couple of months, my mom and her boyfriend have isolated me. I've paid for my own phone, but they took it, along with boxing up all my belongings and clothes. I've been sleeping on the floor because they removed my bed for about a month. I believe there... View More

James L. Arrasmith
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answered on Apr 13, 2025

What you're describing sounds like emotional neglect and possibly abuse, and no, it's not okay—or legal—for anyone to treat you that way. Taking away your basic belongings, isolating you, and removing your bed are serious concerns, especially if you feel unsafe or unsupported. Even... View More

1 Answer | Asked in Child Custody, Juvenile Law and Domestic Violence for Tennessee on
Q: Emancipation likelihood and costs for 17-year-old in TN facing mental abuse.

I am a 17-year-old living in Tennessee with my dad, who has full custody. I live in a mentally abusive home and have struggled with suicidal thoughts. My plan is to move in with my mom, who is willing to support me, and continue my education while finding a job. Social services are involved due to... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Tennessee, emancipation is possible for minors under certain circumstances, but it is not an easy process. To be emancipated, you must prove that you can support yourself financially and that living independently would be in your best interest. The court will likely consider the abuse you’re... View More

1 Answer | Asked in Child Custody, Civil Litigation and Domestic Violence for Tennessee on
Q: How to get emergency custody of son due to mother's indictment and neglect?

Is there a way for me to obtain emergency custody of my son before 6:00 p.m. today? We currently have a court order stating that we alternate custody every other week. His mother, who was indicted for sexual assault by an authority figure and has not yet been charged, neglects her children, as... View More

James L. Arrasmith
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answered on Apr 13, 2025

If you are concerned about your son's immediate safety due to neglect and the potential for his mother to flee, you can take steps to seek emergency custody. Given the severity of the situation, contacting the court for an emergency hearing is one of the quickest ways to address the issue. The... View More

1 Answer | Asked in Child Custody, Domestic Violence and Criminal Law for Tennessee on
Q: How to request visitation with order of protection in place in TN?

I am a parent with active parental rights, but the custodial grandparent has had an active order of protection against me since 2022. I was incarcerated in 2021 for non-custodial interference and possession of drugs. Since my release in 2023, I have completed programs in two halfway houses, am now... View More

James L. Arrasmith
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answered on Apr 13, 2025

Based on Tennessee family law, your situation involves navigating both the order of protection and parental rights frameworks. In Tennessee, you can petition the court for visitation despite an existing order of protection by filing a petition to establish or modify a parenting plan in the... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: Will I go back to jail for first-time domestic assault charge with no injury in TN?

I was charged with domestic assault with no injury or harm, and there was a protection order against me. There are legal proceedings scheduled, but I have not had prior charges. This is my first offense, and I have been complying with the protection order. I haven't sought legal representation... View More

Anthony M. Avery
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answered on Mar 3, 2025

DA is worse than some felonies. IF an OP was in place, and you are accused of violating it, then there is a very good chance you will go to jail for at least contempt, possibly another crime. Hire a competent attorney now. Do not plead guilty to DA unless there is diversion.

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2 Answers | Asked in Domestic Violence, Family Law and Civil Litigation for Tennessee on
Q: What to do if wife lies to get order of protection against me in TN?

I'm facing a situation where my wife lied to obtain an order of protection against me. Currently, I have not been formally served any legal papers, but the sheriff's department informed me to leave the house. I have moved in with my mother and can only maintain contact with my kids via... View More

Anthony M. Avery
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answered on Feb 28, 2025

Hire an attorney to represent you. It is a civil matter, and it is easier to go to jail than if you had been criminally charged. Petitions for OPs are notorious for lies, but usually all you can do is cross examine the petitioner.

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1 Answer | Asked in Child Custody and Domestic Violence for Tennessee on
Q: How to prevent meth-addict fiancée from being around my daughter during ex’s visitation in TN?

I am concerned about my ex-husband's new fiancée, who is a meth addict, being around my daughter during visitations every other weekend. His fiancée's ex-husband has threatened to kill my daughter and myself, and he knows where she lives. I have told my ex that she should not be around... View More

Anthony M. Avery
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answered on Feb 25, 2025

In whatever Court there is an order for visitation, make a motion to modify the order to prevent contact with her.

2 Answers | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: Charged with domestic assault for yelling in TN, no physical contact. What's next?

I was charged with domestic assault in Tennessee for yelling at my girlfriend, with no physical contact involved. There was a witness, and my girlfriend provided a statement. There haven't been any previous incidents. I'm concerned about the charge going on my record and the possibility... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Feb 13, 2025

You can commit assault by putting someone in apprehension of physical harm. You can face anything from fines to probation to jail time. It depends on the jurisdiction, the DA and the paperwork. You should hire a local criminal defense attorney.

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1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Tennessee on
Q: Drop order Protection

I got an order protection against my boyfriend. I thought I had enough of his ways. He contacted me a few days after he was served and I’ve been over there. I’m worried the judge won’t dismiss it because I admitted that he chokes me when he gets mad.

My boyfriend also told me that if... View More

Cayley Turrin
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Cayley Turrin
answered on Jan 29, 2025

It sounds like you do need one. I would hire an attorney to help protect you.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: Currently going to court for aggravated domestic assault, interfering with a 911 call and child endangerment.advice plz

I just moved here and had no insurance so I couldn't get my mental health medications including an anti psychotic ive been on 20 years. I was in a psychosis and my mom called 911 to try to get me to a psychiatric hospital and I grabbed the phone and hung up. I then held her down on the bed... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Jan 16, 2025

Hey Man, that is a fairly complicated question. The issue of addressing mental health is more popular; however, it is slowly coming around.

The answer will vary from jurisdiction to jurisdiction. The District Attorney will have your case before them. Nobody knows what type of plea...
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1 Answer | Asked in Domestic Violence for Tennessee on
Q: If I was convicted of Harassment with a Domestic Violence enhancer am I allowed to own a firearm?

I have completed all my courses/classes required. I have completed probation. The protection order I had is no longer active. It has been almost 2 years since my original conviction. I have been off of all probationary periods and protection orders for almost a year. I was convicted in Colorado and... View More

Anthony M. Avery
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answered on Jan 7, 2025

Were you convicted of a crime? If so, you have a firearm disability. If only a restraining order was involved, then when the order expires, no disability then exists. If a criminal conviction is involved, contact a CO attorney to see if expungement is possible.

1 Answer | 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

Anthony M. Avery
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answered on Dec 30, 2024

That sounds like an order of protection. Whatever it is, read it verbatim. Usually there is a firearm disability for the duration of the order.

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
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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
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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
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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

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