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Tennessee Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Tennessee on
Q: My ex took out a restraining order against me and perjured my address so I wouldnt be in court on the date.

I wasnt in court so I dont know what happened. I was never served. I texted her and I hear she filed for a violation of the order against me. What do I do? This isnt fair if its true.

Anthony M. Avery
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answered on May 17, 2021

Hire an attorney. He can look at the file, then file a Response and request a Hearing. By yourself you will be arrested and will not be able to effectively represent yourself.

1 Answer | Asked in Divorce and Domestic Violence for Tennessee on
Q: Can my wife put a restraining order on me using her Maiden name? We have not filed for divorce
Anthony M. Avery
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answered on May 5, 2021

I am afraid facts and law are not as important in an Order of Protection as other civil actions. If it is brought up, the Judge will simply amend the Petition on the spot. Have no contact with her and hire a competent attorney to represent you prior to the first (and often the only) hearing.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: If someone is arrested for domestic assault, can the victim bail them out even if they are the ones to call the cops?

If not, what are the consequences of that?

Anthony M. Avery
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answered on Apr 29, 2021

Yes, it happens alot. However it is usually a violation of Bond Conditions and/or an Order of Protection for the Defendant to have contact with the alleged Victim, so the Victim must make the Bond without contact with the Defendant. The DA will not be happy with his witness.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: A false allegation of inappropriate touching was made and a polygraph is being requested is there a way to dismiss this?

My teen step-daughter has a history of bad behavior and being unruly. During a recent counseling session, she accused me of touching her while giving her a hug last June. CPS is involved and I'm now being asked to take a polygraph. Since the incident, she has been sent to stay with her... View More

Anthony M. Avery
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answered on Apr 27, 2021

I recommend you keep your mouth shut and do not post anything else online. Hire a competent attorney today to counsel you on your possible criminal charges and how to conduct yourself during this DCS and/or LEO investigation. Again do not talk to anyone about this and have no contact with the... View More

1 Answer | Asked in Domestic Violence and Family Law for Tennessee on
Q: If I was subpoenaed for a domestic violence case, me being the victim, is there anyway I can not testify?

.

Anthony M. Avery
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answered on Apr 27, 2021

This is a public forum. Hire a competent attorney to consult with. It sounds like there is already a criminal charge.

2 Answers | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: If I was arrested for domestic battery but got a misdemeanor charge how does that affect my gun rights
Anthony M. Avery
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answered on Apr 6, 2021

The Charge is probably Domestic Assault. A conviction means you cannot touch a firearm or ammunition. Without fail hire a competent attorney to get the Charge Diverted, Dismissed and Expunged. The end result is what counts, not whether you are guilty or not.

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1 Answer | Asked in Domestic Violence for Tennessee on
Q: My fiancé and I had a fight. Someone called the police on us because he pushed me and was trying to protect himself.

I hit him first so I told the police and they took me to jail. I was there for 12 hours and I got charged with domestic violence. It’s my first time. We want to do peaceful contact. The problem is that I wasn’t supposed to text him call him or see him at all but i didnt understand that at the... View More

Ross Matuszak
Ross Matuszak
answered on Mar 29, 2021

First, you absolutely need to STOP POSTING FACTS ABOUT YOUR PENDING CRIMINAL CASE and contact an attorney. You are making admissions that can get you in very serious trouble. An attorney can help advise you on future communication issues, file a motion to alter your bond conditions and get a court... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: is there any way to have an assult charge removed if it is the only charge EVER and was 10 years ago?

i was only ordered to pay $200 and 3 days of community service. for pushing someone away from me...and now have a Domestic Assault charge on my record....

Anthony M. Avery
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answered on Mar 4, 2021

That charge is worse than some felonies. You need to check with the Court Clerk and examine the actual Warrant. Look at the Disposition by the Judge. If it is a conviction, it will be permanent. If it was dismissed, expunge it. Good Luck !!!

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1 Answer | Asked in Domestic Violence for Tennessee on
Q: Can I file a police report on domestic violence without filing charges?

I took pictures a hour after it happened and the day after. Its been a week since the incident and most of its healed or just about healed but there is a evident scar under my eyebrow

Ross Matuszak
Ross Matuszak
answered on Mar 15, 2021

Thank you for your question. To answer it simply, if you file a police report to report a crime, it is not your decision whether to charge the case or not. That decision lies with the State. However, if you are adamant with the police that you do not want to press charges and just want to report... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: My boyfriend was arrested on Aggravated Domestic Assault against me. If I skip court will he be released from jail?

My boyfriend of 9 months was arrested and I am the alleged victim. We were fighting that night but I didn'tcall the police. My mom called them after I called her for a ride. She hates my bf. I was on the balcony fuming after our fight and he says when I stood on the side of the chair looking... View More

Anthony M. Avery
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answered on Feb 24, 2021

It will not be that easy for the charges to be dropped. And they are very serious. He needs a competent attorney today, and you do not need to communicate with him in any way. You may need your own attorney if you are not careful. Without proof the State's Case will be dismissed. But... View More

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Can I drop an aggressive stalking charge if I am the victim
Shanone Emmack
Shanone Emmack
answered on Feb 20, 2021

You cannot personally drop the case because it is the State's case. However, you can tell the District Attorney that you don't want to pursue charges and tell the reasons why and the DA may dismiss it.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Planned to divorce my wife ,she filed a false domestic violence complaint. What are the chances of dismissal of charges

She married me just for the sake of getting US Green card.when i came to know her real intentions and she was constantly pressuring me for filing her green card ,decided to divorce her .

Even i went to police ,told them that she is threatening me ,if I don’t file her green card ,she would... View More

Anthony M. Avery
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answered on Feb 15, 2021

You have not stated whether it is a criminal charge or an order of protection. Either way do not have anything to do with the woman, including saying anything about her. Hire a competent attorney to investigate the case and minimize the problems. Hopefully there will never be any proof of... View More

1 Answer | Asked in Civil Rights and Domestic Violence for Tennessee on
Q: i file order of protection and its signed by a judge but the respondant hasnt been served by police is it in affect?

i filed for order of protection does the other party have to be served before its active?

Anthony M. Avery
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answered on Feb 15, 2021

The ex parte order is effective when issued. However it would be difficult or impossible to enforce it if it is never served.

1 Answer | Asked in Divorce and Domestic Violence for Tennessee on
Q: I need to know where to start with filing for divorce. We were married in Mississippi but he is now living in Virginia

I’m living in Tennessee now

Ross Matuszak
Ross Matuszak
answered on Mar 5, 2021

Thank you for your question. Jurisdiction is tricky, especially when time passes and spouses move to different states.

I cannot speak to Mississippi or Virginia law, as I am not licensed in those states. However, if you have been a resident of Tennessee for more than 6 months, you may be...
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1 Answer | Asked in Domestic Violence for Tennessee on
Q: Filling exparte that is false

After a police report was made. Then she called ofcr to add 500$ damage to report

Anthony M. Avery
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answered on Feb 2, 2021

Not sure of your question or what is going on. But apparently you have not went to Court yet. I suggest you go to Court with an attorney and possibly witnesses. If it is an Order of Protection, the consequences could be severe to some Defendants.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: order or protection sign on me. she said I tried to choke her , and I was going after my gun. no charges was filed

I have court for the protection paper do I need to get a lawyer??

Anthony M. Avery
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answered on Feb 2, 2021

Especially if you own firearms or you are military/police, protection orders are a catastrophe. Hire an attorney who knows firearm laws, in addition to domestic violence, only. Do not say or do anything to the Petitioner.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: My parents called the police on my boyfriend and he is now charged with domestic assault

He accidentally kicked me when going out the window to leave and get away from me. Is there anyway for me to drop this charge?

Cynthia A. Sherwood
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answered on Feb 1, 2021

In Tennessee, there is no way for you to drop the charge because it is the State of Tennessee that has brought the criminal charge against your boyfriend, not you. That being said, there are many things you can do to try to get the State to dismiss the charge against your boyfriend. You can... View More

1 Answer | Asked in Domestic Violence for Tennessee on
Q: If a Respondent violates an OOP but the order is dismissed before they're arrested, can the arrest still be made?

I received an OOP from my ex based on false statements. She is now trying to get it dismissed and we have been talking a lot. Her abusive boyfriend took her phone and saw some messages, and we assume has tried to report a violation. She is still filing the dismissal. But if he DID report a... View More

Cynthia A. Sherwood
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answered on Feb 1, 2021

If a warrant was issued or even just a report made for an alleged violation of an Order of Protection prior to the Order being dismissed, the report would not just expire. A person can be convicted of violating an Order of Protection for acts taken prior to the Order being dismissed even if that... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: Would I have to sell my home that my father had bought me during the marriage

I left the home cause of treats of violence against me. He is demanding $20,000 to leave my house. What can I do. He has also told my children he would burn house down. We do not have any children together

Ross Matuszak
Ross Matuszak
answered on Jan 15, 2021

Thank you for your question. From what you said, it seems that you may be in danger. If you feel threatened or are actually threatened with physical violence, call the police immediately. It would also be a good idea to file an order of protection against your husband due to threats of violence and... View More

1 Answer | Asked in Domestic Violence for Tennessee on
Q: If a "victim" admits under oath that what she was accusing her ex of did not happen that she lied about it. Can he stil

Can he still be charged with those things? He has pending charges still even after she said that it didn't happen. Should those charges be dismissed?

Anthony M. Avery
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answered on Dec 3, 2020

Yes, it happens alot. I doubt any type of suppression motion exists, and if the SOL is met, then there are probably no dispositive pre-trial motions available. That becomes an issue at trial.

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