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Tennessee Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: what if you are at your house and step out in the yard and they smell it and u go to jail because it's on your side.
Anthony M. Avery
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answered on Jan 23, 2023

Hire an attorney to prepare for a Preliminary Hearing. Do not get in more trouble.

1 Answer | Asked in Domestic Violence and Criminal Law for Tennessee on
Q: Can I get arrested for missing a status report hearing for misdemeanor domestic violence in erwin Tennessee
Brandon D. Fersten
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Brandon D. Fersten
answered on Dec 29, 2022

Yes, you have an obligation to appear at every court date if you are a defendant in a case. It is imperative that you call your lawyer immediately to explain why you missed court so that your attorney can reach out to the ADA on your case to request they lift the attachment for your arrest that the... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: My boyfriend bonded out for hitting me and was already on probation for a different case diff charge will this b vilatio

Will this cause him to violate his probation in another county

Anthony M. Avery
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answered on Dec 19, 2022

Probably as only a violation, not a conviction, violates Probation/Bond Orders.

2 Answers | Asked in Domestic Violence and Criminal Law for Tennessee on
Q: My husband was arrested for domestic assault for pushing me the ground while drunk after someone called the cops on him

After being released on bond, he immediately entered into a rehab program and will be back for the hearing. I’m not sure what happens since I’m not the one who called the cops. The big issue is alcohol and I would love for him to continue treatment. When sober, he doesn’t show any signs of... View More

Henry Ambrose
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answered on Jan 8, 2023

This is complicated. You should talk to a counselor who works with these kind of situations. If you don't have that available to you talk with a trusted responsible family member or friend. This is not to determine his innocence or guilt or punishment, but rather to determine if you want to... View More

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1 Answer | Asked in Family Law and Domestic Violence for Tennessee on
Q: How does the respondent pay for court costs in TCA-36-3-617 and what happens if they don’t pay
Bennett James Wills
Bennett James Wills
answered on Dec 14, 2022

Costs are paid to the clerk's office. Failure to pay could result in further penalties.

1 Answer | Asked in Family Law, Domestic Violence and Criminal Law for Tennessee on
Q: I slapped my 20 yr son across the face during an argument and got charged with domestic assault X 2 for daughter too

Yet I never touched my 19 yr old daughter. Any advice?

Anthony M. Avery
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answered on Dec 12, 2022

Domestic Assault is a very serious offense, worse than some Felonies. Hire an attorney to prepare for a Preliminary Hearing. This is a public forum. Do not contact your Son under any circumstances. Diversion, Dismissal and Expungement should be sought if not Dismissed initially.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: My ex was arrested for dv after beating me. I was trying to leave. Finally got out. How am I protected now?

I have been getting beat and verbally abused for years by him. I was arrested 3 times because he called in as the abused and I was protecting myself from me extensive injury. My charges were dropped. I lived with him the whole time even though I was legally not allowed in his home. Until last... View More

Cayley Turrin
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Cayley Turrin
answered on Nov 17, 2022

I suggest hiring an attorney or getting one appointed to ensure that that does not happen.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: What does plea deadline hearing mean?

I was a victim of aggravated assault, the grand jury indicted him with two counts, one aggravated assault by strangulation the second aggravated assault with serious body injuries. I have not been going to all the hearings as I am terrified of seeing him.

I did have to testify and that was... View More

Anthony M. Avery
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answered on Nov 15, 2022

That is usually the deadline for Defendant to enter into an agreed upon guilty plea to a crime and an agreed Sentence. Otherwise a Trial Date is set.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: My children’s dad was sent to jail on my behalf It got over exaggerated is it good for me to explain the situation to da

He gotten charged with domestic (tiny scratch) & vandalism for breaking the phone he bought me. Should I speak with A DA or no ? I don’t want any chargers or anything done on him. What should I do to help with process ?

Anthony M. Avery
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answered on Nov 10, 2022

Domestic Assault is more serious than some Felonies. Defendant needs an attorney now. This is a public forum. Do not talk to anyone but his lawyer.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: My husband was arrested for domestic violence. He has 4 felony charges. The case had its first grand jury hearing Nov .

At the time of arrested he was in severe psychosis. This never happened before. He has schizophrenia. I don't know if that has been considered. But when we called.for help the day of the crime, law enforcement denied assistance to mental health crisis. 2 hours later it became a crime.... View More

Anthony M. Avery
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answered on Nov 7, 2022

Husband needs a competent attorney now. You all have not handled this correctly and have played into the domestic violence army's hand. Lawyer needs to prepare for a Preliminary Hearing, and you all need to not talk to anyone.

1 Answer | Asked in Domestic Violence and Criminal Law for Tennessee on
Q: With two victims of a crime, is restitution payed one at a time in the state of Tennessee or both receive monthly paymen

I was supposed to receive payment at a certain time only the other victim received payment

Anthony M. Avery
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answered on Nov 4, 2022

Call the Court Clerk and inquire as to what is going on. It does sound like they forgot you. Have the Docket Number and Defendant's name handy. You could also call the DA that prosecuted the Case.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Tennessee on
Q: If someone is accused of choking their spouse, even if it's he said/she said, will that person automatically be arrested

After the choking incident, the very next night in fact, there was another incident. He was not arrested or held the mandated 8 hours. Is the police department negligent in this case?

Cayley Turrin
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Cayley Turrin
answered on Nov 4, 2022

Depends on a wide variety of factors. The hold is a mandatory 12 hours.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: My husband got arrested for aggravated assault and I some of what I told the cops and wrote on statement were a lie

He should not be charged with aggravated assault I was mad and said things that weren’t true and wrote things on statement that wasn’t true. I want him out of jail and back with me

Anthony M. Avery
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answered on Oct 24, 2022

Hire an attorney to represent and advise you. Defendant definitely needs an attorney also. That is a serious charge with permanent consequences. Do not talk to anyone else about this, especially the State.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: If I'm not on the scene when the police show up how long do they have to arrest me on the charges?

BTW she filed them at the police station bc I have had no contact with her whatsoever and she is not allowed on my property but they came looking for me at my house.

Anthony M. Avery
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answered on Sep 26, 2022

Misdemeanors must be instituted within 1 year of the incident. Most Felonies must be initiated within various numbers of years.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: If me and my roommate got to fighting and they couldn’t determine who started it will the court file charges against me

I bite her and she made all my nails bleed because I had acrylics on but campus police couldn’t determine who started the fight so they took both of us to jail and we got charged with domestic violence this is my first offense of any kind with the police will the case get dismissed or will I... View More

Anthony M. Avery
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answered on Sep 14, 2022

Those are serious charges, worse than some Felonies. Hire an attorney to get it Diverted, Dismissed and Expunged. Jail is the least of your worries if you are convicted.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: if my boyfriend has a domestic assault charge and plead not guilty, does he serve time for it after bonding out.

he has priors but it was domestic violence and was exponged from his record.

Anthony M. Avery
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answered on Aug 29, 2022

If he is found not guilty, then no Sentence applies. That is a serious charge, worst than some felonies. He needs a competent attorney now.

1 Answer | Asked in Criminal Law, Family Law, Domestic Violence and Libel & Slander for Tennessee on
Q: My ex filed a bogus temporary protective order for “stalking” however I haven’t been served, will it just fall off?

She took our child and moved out of state for another guy. In desperate need of wanting a single bit of information or form of contact, I reached out to her family members, friends, and I emailed her as well. Yes we have exchanged mean argumentative emails however I just wanted to know the... View More

Cayley Turrin
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Cayley Turrin
answered on Jul 28, 2022

It won't fall off I highly suggest handling it.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: What is the penalty for writing a statement on domestic violence that isn’t true ? Misdemeanor

Could it be that they charge with a felony although it’s in general sessions court

Anthony M. Avery
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answered on Jul 20, 2022

If anything happened, then it will not be a False Report. Defendant needs a lawyer to prepare for a thorough Preliminary Hearing. That Charge is serious and no guilty plea should be entered. 95% of all criminal charges start in Sessions, and if not disposed, are sent to the Grand Jury.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: If my husband is arrested an charged twice wth domestic assault on me is he automatically ordered to stay away or do i h
Anthony M. Avery
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answered on Jun 17, 2022

Usually a Bond Condition will prohibit interaction with the alleged victim.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Can I have my gun rights restored after a domestic assault in 2020?
Anthony M. Avery
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answered on Jun 14, 2022

If a Conviction, no. You should have known this prior to pleading to a crime worse than many Felonies. But check your final disposition on the Warrant/Judgment. Consult with a competent attorney, not like the one you had, and find out about legal weapons.

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