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Tennessee Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: Does new 100% sentence law in Tennessee effect people who have already been sentenced or can they still get parole

New law in Tennessee said some crimes have to serve 100% and not get parole now. Does this apply to someone already sentenced before new law ?

Anthony M. Avery
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answered on Oct 17, 2023

It is not retroactive. But charges initiated after its implementation will generate 100% to be served Sentences.

1 Answer | Asked in Family Law and Domestic Violence for Tennessee on
Q: I filed for a order of protection but can't go to court will I get in trouble

I filed it and want it dropped anyway

Anthony M. Avery
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answered on Oct 6, 2023

Go to the Court Clerk's Office and tell them you want to dismiss it. Do this before the hearing.

2 Answers | Asked in Domestic Violence and Criminal Law for Tennessee on
Q: Can I bound over a misdemeanor domestic assault charge over to the grand jury in tn
Anthony M. Avery
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answered on Oct 5, 2023

You do not want the DA to bind it over to the Grand Jury. DA is worst than some felonies. Hire a competent attorney and prepare for the Preliminary Hearing. Possibly try to divert, dismiss and expunge the charge. This is a very serious charge which will hurt you permanently.

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1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: I was recently charged with domestic assault and vandalism under 1000. What is the typical Consequence for this?

I went to my exs house to pick up items that we had discussed me getting earlier in the week. He was mad that I came to get things he did not want me to take and when we walked onto his porch, he turned around and pushed me. I picked up the closest thing to me to protect myself and threw it,... View More

Anthony M. Avery
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answered on Aug 28, 2023

Hire a competent attorney now. DA is worst than some Felonies. A conviction will ruin your life. You need it Diverted, Dismissed and Expunged. Expect to make Restitution. Do not plead guilty under any condition than Diversion.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: What is a normal bond rate to be set for someone who is charged with aggravated assault with a deadly weapon?

The shooter was being violently attacked by their husband.

Anthony M. Avery
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answered on Aug 18, 2023

Courts in different Counties set very different Bonds. Coffee County, in my experience, would generally set Bond about $25K to $50+K for such an offense. If the victim was wounded, it would be much higher, probably three to five times higher.

2 Answers | Asked in Criminal Law, Domestic Violence, Internet Law and Libel & Slander for Tennessee on
Q: Is it possible to have an abusive ex boyfriend's name removed from the deed to the home we both own?

I fled the relationship almost 4 years ago. I was followed, though. I was too afraid to live alone. Thankfully, i had many friends who offered me a safe place. Safe until my ex discovered where I was staying. Once he knew, he terrorized my friends until either I left, or was asked to leave. If my... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 16, 2023

It is possible. It is not easy or inexpensive but it is possible and may result in a sale of the property. In Ohio it is a remedy called partition. Partition cases in Tennessee refer to legal proceedings which allow joint owners of real estate to divide their interests in the property. In other... View More

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1 Answer | Asked in Domestic Violence for Tennessee on
Q: I’m afraid a younger relative of mine will try to harm me at any cost. How can I get a restraining order easily? no OOP
T. Augustus Claus
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answered on Jul 7, 2023

To obtain a restraining order, you typically need to demonstrate that you have a reasonable fear for your safety or have been subjected to harassment or abuse.

1 Answer | Asked in Criminal Law, DUI / DWI, Family Law and Domestic Violence for Tennessee on
Q: Please describe what happens when charges are bound over to the grand jury.

My husband has been convicted of domestic violence and is serving 11 months and 29 days after failing to comply with an agreement he made with the court. The charges had been set in abeyance awaiting completion of the agreement. He chose not to complete the agreement. The judge has now sentenced... View More

Anthony M. Avery
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answered on Jun 8, 2023

If the Judge ordered a Sentence then there was a Conviction, and it was a Misdemeanor at General Sessions Court which was not bound over. Apparently he has one or more charges that were initiated by an Arrest Warrant at Sessions which were not disposed of, that is no conviction nor dismissal. DA... View More

1 Answer | Asked in Divorce and Domestic Violence for Tennessee on
Q: My husband and his family took all my jewels he even broke my berow and took silver,gold,cash worth 35 lakhs

He is jobless and took my jewels worth 35 lakh and has drinking habit and abuse me physically and mentally i am planning to divorce him he is jobless and doesn't cares home and daughter he not even pays fee and buys nothing to us he has one married sister he has a commercial house worth 1... View More

Anthony M. Avery
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answered on May 30, 2023

You should have called law enforcement. You might be able to file an Action To Recover Personal Property in General Sessions. Use TN terms only, not foreign. Otherwise you will need to file for a Divorce and have to prove grounds.

1 Answer | Asked in Domestic Violence and Libel & Slander for Tennessee on
Q: I have proof that a cousin and an ex have made false reports about me abusing my daughter.

This same cousin has encouraged people to contact DCS to have my child taken, get me fired and implied I am a child abuser. She has friends who work for government entities who denied me housing, sent her my mail, illegally hacked my phone, and made several other slanderous statements and defaming... View More

Anthony M. Avery
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answered on May 26, 2023

You might consider a Slander suit within 6 months of a slanderous falsehood which caused you damages. Possibly go to General Sessions Court.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: I moved out now my wife is threatening to have me arrested for domestic violence can she have me arrested for arguing

For arguing and leaving

Anthony M. Avery
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answered on Apr 19, 2023

It can happen. Domestic Assault is a serious crime. Be prepared to make Bond and hire an attorney. You may not want to talk to her again.

1 Answer | Asked in Domestic Violence and Criminal Law for Tennessee on
Q: If you have a warrant against you for domestic violence but the police don't serve it what recourse do you have
Anthony M. Avery
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answered on Apr 11, 2023

How do you know an Arrest Warrant has been issued? It may take awhile for LEOs to execute it. Try to stay out of trouble, especially traffic stops. Do not talk about it. Might be time for a new phone number. Have money available for bail and pick out a lawyer to represent you for... View More

1 Answer | Asked in Domestic Violence for Tennessee on
Q: If I am charged with a crime based soley from a statement of alledged victim, then recants, what should I do
Anthony M. Avery
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answered on Mar 27, 2023

Hire an attorney to prepare for a Preliminary Hearing. If Indicted, then you will need the attorney to make Discovery and try it.

1 Answer | Asked in Domestic Violence and Criminal Law for Tennessee on
Q: I was previously charged with domestic violence but the case was dismissed can I still purchase firearms
Anthony M. Avery
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answered on Mar 16, 2023

If you are not convicted of DA or have any other firearm disabilities, then you can possess firearms. However that charge is probably on your record if not expunged. So you will fail a NCIC. Might want to expunge it.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: What is penalty for first time domestic violence in TN and no prior record and what penalty is interfering with 911 call
Anthony M. Avery
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answered on Mar 10, 2023

DA is a very serious crime, worse than some felonies. Hire an attorney. Do not plead guilty under any circumstances except Diversion. 11 mo/29 days, fine and no firearms ever.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: I own my own home and my ex won’t leave my property after I was arrested for domestic violence.

The night I was arrested for aggravated domestic she told the police she was packing her things and leaving and wasn’t coming back but once I bonded out of jail I went straight to rehab now my ex who doesn’t pay any bills nor has a lease with me (as I own my own home free and clear) has changed... View More

Anthony M. Avery
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answered on Mar 6, 2023

If you actually own the property, then file a Detainer Warrant in Sessions Court. Do not talk or argue with her about it. You may need an attorney, especially if she does not leave after your judgment for possession.

1 Answer | Asked in Domestic Violence, Appeals / Appellate Law and Constitutional Law for Tennessee on
Q: How do i get my right to own a firearm back with an old (2017) misdemeanor domestic charge. For personal & home defense

Old charge from 2017. No weapons involved were involved at all. No other relating charges. Long since separated from significant other (at time). I now live alone and have my daughters off\on. I want to own one for personal and home defense because of this.

James L. Arrasmith
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answered on Mar 2, 2023

The process to restore your right to own a firearm after a domestic violence conviction varies depending on the state you reside in. Generally, if you have a domestic violence misdemeanor conviction, you are prohibited from possessing a firearm under federal law. However, some states have... View More

1 Answer | Asked in Domestic Violence, Family Law and Criminal Law for Tennessee on
Q: How does husbands drop domestic against me tn
Cayley Turrin
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Cayley Turrin
answered on Mar 1, 2023

They can let the prosecutor know but it is also up to the prosecutor whether to continue pressing charges.

1 Answer | Asked in Domestic Violence and Libel & Slander for Tennessee on
Q: My boyfriend was charged with domestic assault I wrote a statement on him. how am I protected in tn from his retaliation

He is blaming me and saying he will make me pay. I feel like i am being blackmailed he knows all my life details. He could twist things around to harm me and my name what can I do to prevent this? surely the police encounter this a lot

Henry Ambrose
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answered on Mar 1, 2023

You can petition the court for a protective order so he cannot have contact with you. Without more details its hard to say if that is your best solution. You should call a lawyer where you live and ask for advice.

1 Answer | Asked in Constitutional Law and Domestic Violence for Tennessee on
Q: I pleaded guilty to a domestic violence charge 25 years ago in Tennessee,Why can’t I get my constitutional right back?

I would like to hunt and protect myself but I feel helpless.

Anthony M. Avery
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answered on Jan 31, 2023

Domestic Assault is worse than some Felonies, and you should have known that 25 years ago prior to pleading. I assume that conviction is on your NCIC. You may wish to examine the legal weapons you can possess. There are muzzleloaders that can kill an elephant.

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