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Tennessee Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Tennessee on
Q: What can you do when someone makes false domestic violence reports to police?

The person reporting is under the influence of drugs and alcohol. Domestic related. False accusations of physical violent contact when it was actually the accuser. Accuser is the abuser but, the innocent person may have a previos criminal history mostly non-related to those accusations.

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Feb 4, 2019

That is a difficult issue; however, it is one that occurs regularly. The accuser does something physical to you then calls the police and states that you have done something to him or her. You may get arrested. It is important to document the details of the situations and have witnesses and... View More

1 Answer | Asked in Domestic Violence for Tennessee on
Q: How much does a lawyer cost for aggravated domestic assault charges?

First time offense

Anthony M. Avery
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answered on Jan 23, 2019

Most attorneys will charge a flat fee for the Case which will be several thousand dollars. Some, like myself, will charge a decent fee through General Sessions Court, such as $1,500 to $3,000. If you are indicted then the fee goes up quickly because at Circuit Court alot of research and... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Tennessee on
Q: What can/should I do if my wife took our two children and left the state, and won't let me have any contact. Options?

On Dec 25, 2018 my wife left our home to visit family in KY with a verbal and mutual agreement to return home on the 27th. Long story short sometime on the morning of the 27th she inexplicably decided not to do this and filed for an order of protection alleging violence and abuse. This order was... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jan 17, 2019

File for divorce, ask for an emergency hearing, get her served with the papers and go to court. you need to establish jurisdiction here in your home county. Unfortunately, in my opinion, there aren't any other "options"-- for sure, don't try to take matters into your own hands... View More

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Codes and regulations writ of possession of personal.property in Tn
Anthony M. Avery
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answered on Jan 25, 2019

I am not sure what you are asking about. But the simplest Cause of Action to obtain your personal, non-real, property, is to file an Action to Recover Personal Property in General Sessions Court. This can often be filed without an attorney, but you must be prepared for any defenses or title... View More

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Domestic Violence for Tennessee on
Q: My ex gave me our dog when we split. Now she is claiming she will have a warrant issued for theft if I don’t return him.

It was an incredibly toxic relationship and so many domestic situations happened. When we finally split she told me multiple times I had to take the dog or he would go to a shelter. So I took him. Now, because we aren’t getting back together, she is using him against me. He is in her name, she... View More

Anthony M. Avery
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answered on Dec 21, 2018

It is very possible, and you might even get convicted. There is no Title to a Dog, but it is probably not worth the trouble and risk to prove ownership in Court. Bond, Attorneys, Court Costs and Restitution could be very expensive. Many Judges and DA's will feel very sorry for her.... View More

1 Answer | Asked in Domestic Violence for Tennessee on
Q: My gf has a top on me but harassing me at work.after owner ban from establishment already. But has now snuck in went

Behind the bar and grabed an employee by her arm and threatened here then retreating out back door.so owner had police go to our residence and inform her know banned from all his properties and businesses.she has already came back the same day spoke to police and was caught trying to enter through... View More

Cayley Turrin
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Cayley Turrin
answered on Dec 29, 2018

I would suggest contacting an attorney to be with you at your order of protection hearing as it sounds like she could manipulate the situation.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: what if he cant be found?

I need an extended order of protection

Cayley Turrin
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Cayley Turrin
answered on Dec 9, 2018

It will not go into effect until that person is served.

1 Answer | Asked in Family Law and Domestic Violence for Tennessee on
Q: I am the respondent to an order of protection hearing coming up in Tennessee. Are questions allowed between the parties?

Will I be allowed to ask the petitioner questions during the hearing? Will I be allowed to submit evidence during this hearing?

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Dec 3, 2018

The answer to all 3 questions is YES. The party seeking the order of protection must prove that there is a real risk/potential for violence or that violence has already occurred and that they are therefore in fear for their safety. Both sides get to testify and present evidence. Both sides are... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: I was charged with a domestic charge and pleads out to probation then found out she was charged with filling false repor

Can my charge be overturned

Anthony M. Avery
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answered on Nov 26, 2018

You must immediately hire a lawyer and file a Motion to Set Aside your Plea. It probably will not be granted, but you might get some type of Judicial Discretion to save yourself. Diversion is not an option, and no competent attorney will plead his Client guilty to such a charge.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: I was charged with a domestic charge and pleads out to probation then found out she was charged with filling false repor

Can my charge be overturned

Cayley Turrin
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Cayley Turrin
answered on Nov 28, 2018

No but if it has been less than 10 days since you pled in general Sessions Court you can withdraw your plea.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: My mom's boyfriend threatens to physically assualt me

I'm a minor, 13yrs of age

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Oct 26, 2018

Tell you teacher or your principal at school about your situation at home. I assume you have already told your mother and she won't help. Your Teacher and principal can help you get to the police or authorities who can help. If you have a cell phone, try to record him making the threats... View More

1 Answer | Asked in Domestic Violence, Family Law and Child Custody for Tennessee on
Q: Would I get In trouble if i took my kids over state lines trying to run away from my abusive husband? No court papers

No papers have been filed with the court. He told me that he would kill me and dispose of my body and noone would ever find me

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Oct 24, 2018

You should report the threat to your local police. Running away won't solve the problem. Seek advice from friends and family as to how to insure your protection. Ultimately, you should consult an experienced divorce lawyer - it sounds like this relationship is over so the real solution is a... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: My husband was charged with Aggravated Domestic Assault. I do not want to press charges. What can I do?
Anthony M. Avery
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answered on Sep 5, 2018

This is a public forum and is not appropriate for all questions. Hire a competent attorney to represent your Husband and ask him. Do not be coerced into testifying to things that did not occur as DA's often attempt to get domestic victims to do. It is the State's Case, not yours.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: I had court this morning on a order of protection which was violated. He did not show What is contempt of court mean

We also have court again on September 4 for domestic assault and distraction of property

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Aug 20, 2018

Well, if he did not show, then techincally, he is in contempt of court. You need to have your attorney file a Motion for Contempt to place him in jail.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: For a felony, how does a “pauper” get a lawyer? And is the public defender the same as getting a “pauper’s” attorney ?

Drugs were involved . The husband , on drugs, and out of his right mind, acted threatening and grabbed his knife from his 11year old , who was trying to prevent their only car from being damaged & almost cut his son. His wife went to the police station. The husband kicked out the window of... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Jul 21, 2018

At your first court date, typically the Judge will deliver a statement of your rights, one of which is to be represented by an attorney. If you can't afford one, the court can appoint one. Usually, in the larger jurisdictions, you may get the public defender. In smaller towns, I have seen a... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: I filed a domestic violence report & they arrested him, he has no bond yet is it possible to drop charges?
Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Jul 4, 2018

You can go to court and drop the charges. The D.A.'s office will probably listen to you so long as you don't refile; however, they may require you to go to court several times before it is over.

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1 Answer | Asked in Domestic Violence and Immigration Law for Tennessee on
Q: Domestic violence and citizenship

I had domestic violence case 2 years ago and the case end after i went back to the court and the judge told me thereis more show up foe this case i went yesterday to the courtto try getting a letter or copy from my case i didnt find anything how i can get a copy coz when i tried to fill the form... View More

Carl Shusterman
Carl Shusterman
answered on Jun 20, 2018

You need to order the record from the court and show it to an immigration lawyer before you file an application for naturalization.

2 Answers | Asked in Domestic Violence, Immigration Law and Criminal Law for Tennessee on
Q: Domestic violence effect citizenship

Me and my wait had an argument and her son called police and i spend the day in the jail and got out next day and after 6 month i went back to the cour and the judge told me the case will end like it has nothing coz it was first time and they followed through 6 monthes everything was fine now im... View More

Carl Shusterman
Carl Shusterman
answered on Jun 17, 2018

A criminal conviction for domestic violation is a deportation offense. Show your documents to an experienced immigration attorney before you apply for citizenship.

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1 Answer | Asked in Child Custody and Domestic Violence for Tennessee on
Q: I am married with two children, can I move from Tennessee back to Missouri with my children?

There is no current court ordered custody plan in place. My husband is mentally, emotionally and verbally abusive and controlling. I need to get out. My family is back in Kansas City mo so I have a safe place to go I just need to know if it’s legal? If it’s possible? Can I file for temporary... View More

Bennett James Wills
Bennett James Wills
answered on Jun 18, 2018

To move out of state the law requires that you provide notice and other procedures. See TCA 36-6-108. But without knowing more about your situation other laws and factors may be at issue. Consult local counsel.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Tennessee on
Q: Will dhr give me my child back after I've completed my court ordered classes? My next court date is in 6 months.

A policeman called dhr on me due to domestic violence in my home regarding my ex boyfriend. This was the third incident that led to them getting involved. I don't use drugs and my child wasn't harmed. How long is the whole process once dhr becomes involved, and how long will it be before... View More

Kimberly K. Schreiber
Kimberly K. Schreiber
answered on May 23, 2018

Unfortunately, the answer is "it depends." Court schedules, attorney schedules, testimony, continuances, it could be more than 6 months and even then you might not get complete custody returned to you. You need a good lawyer that is in juvenile court all the time. Someone who will push... View More

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