Get free answers to your Domestic Violence legal questions from lawyers in your area.
In the “victim” in a case of domestic violence that’s what they say but I know is not I’m not a victim and someone innocent is in jail right now
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answered on Feb 19, 2020
It is the State' s Case not yours. The Defendant needs a competent attorney now to prepare for a Preliminary Hearing. He should not plead guilty to Domestic Assault under any circumstances. Unless you are subpoenaed there is no order for you to appear.
answered on Feb 11, 2020
There may be more facts that would change this analysis. However, if a child has an Order of Protection (OOP) against anyone, that OOP would trump any previous Court ordered parenting plan. The person with a valid OOP against him cannot exercise visitation with the protected child. The OOP should... View More 
On the court website the charge shows as violation of a protection order, but it should have been criminal contempt. I know violating a order of protection is not expungeable, but I don’t know if criminal contempt is expungeable. I’m not sure if I should be worried that the charge may have been... View More
answered on Feb 7, 2020
Generally speaking, in the State of Tennessee, anything that shows you are guilty will stay on your record forever. A plea bargain is an admission of guilt. If it was a first time offence, then you may be eligible for diversion. If you get that, then you will have a suspended sentence for one... View More
Now I found out I can’t is there anything I can do to get them back
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answered on Feb 4, 2020
It depends on how long ago you pled guilty. Noone should ever plead guilty to Domestic Violence anywhere. Attacking your plea is probably futile, but you might try it. Maybe Diversion is still an option if the plea is withdrawn. Also within a year, you might try an ineffective assistance of... View More
completed his classes. He got the kids out of state unsupervised twice since all that was finished but during the order they were supervised. But now my legal aide attorney said to withhold the children until she reviews some case files to determine whether unsupervised should continue or if going... View More
answered on Feb 1, 2020
Violating a court order opens you up to potential criminal and civil contempt.
I would advise you to speak to your legal aid attorney about those risks so you can make a fully informed decision about whether to possibly risk 1) you going to jail for contempt of court, and 2) a court order... View More
I received a letter from my attorney who handle such cases. My question is do I need to be at the first court date, since the state took it over? I havent been subpoenaed, just the letter from my lawyer stating she wousl be representing me. He's going to plead not guilty anyway, so theyll just... View More
answered on Jan 31, 2020
If you are required to be present you should receive a subpoena. You are the victim witness in your domestic assault case therefore, the District Attorney will want to talk to you/your attorney before deciding whether to dismiss or move forward in prosecuting the case.
Since then the order of no contact was lifted and signed by Judge Vance. I have completed my ordered classes, paid off my fines and court costs. I still reside with the "victim".
I am at the halfway mark in terms of my probation.
How can I go about filing a motion for... View More
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answered on Jan 21, 2020
You can file a Motion to Modify your Sentence to Unsupervised Probation for the remainder. You need all costs paid perfectly, and the PO or DA can oppose it if they want. These Motions are usually granted if not immediately, then later. I recommend you have a competent attorney file it and... View More
Pressed The charges originally but if im the victim cant i have them dropped
answered on Jan 14, 2020
You can drop the charges all you want to; however, the State will still think there is or was a case. It could take you 3 to 4 court cases to completely get them dropped if you back off. Don't file charges if you don't mean them.
I'm an the victim, who's not pressing charges.
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answered on Jan 4, 2020
I assume DA is Domestic Assault, which is serious and worse than some felonies. You need a competent attorney immediately. Ask for a Bond or even Release on your own Recognizance, as you have spent way too much time in jail already. Also, and most important, demand a Preliminary Hearing. If... View More
The police was called by his mom just to get them to stop fighting but they arrested my husband on domestic assault is there anything we can do or can his niece and nephew have the charges dropped I am terminally ill and he is my caretaker he was defending his mom because his niece was screaming... View More
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answered on Dec 27, 2019
The Husband needs to hire a competent attorney today. Under no circumstances (except some type of diversion) should he plead guilty to Domestic Assault. That Misdemeanor is worse than many Felonies, and will destroy his life. He also should not talk to the Niece. The Mother needs to get her... View More
1st time he was arrested, I called the police to diffuse the situation and they ended up arresting him. I didn't show up for the court date and they dropped it. We got into another altercation, he left the house and then called the officers to do a welfare check on me, telling them that I was... View More
answered on Dec 10, 2019
Every prosecutor's office has its own specific policies when it comes to handling cases such as this.
You only need to attend court IF you are subpoenaed. Without being served a subpoena there is no legal requirement for you to attend. It's, in my opinion, bad form on the... View More
its his first time domestic violence. He didnt hurt ne or bruises but the sheriff thought he did. He has a clean record and no run in with the law. He just accidentally slapped my left arm. what will happen?
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answered on Dec 5, 2019
Do not plead guilty to Domestic Assault under any circumstances unless there is Diversion. If you have to, try it.
I am the respondent, the petitioner falsified everything that was used to request this order and I can prove it. I noticed one of the items she is asking from the hearing is that I pay all legal fees and taxes. If I win and no order of protection is granted, will I still need to pay the fees?
answered on Dec 10, 2019
Tennessee has a statute where if an order of protection is granted, the respondent is required to pay the legal fees of the petitioning party. This likely means if she is successful in securing the order of protection against you, that you would be responsible for her legal fees. If you have proof... View More
It was all a misunderstanding and I wanna drop the charges how do I go about with that I wanna get him help I really love him
answered on Sep 5, 2019
It's difficult to have a domestic violence matter simply dropped. For a whole host of public interest reasons, most Prosecutors want these cases dealt with in court and in front of a Judge. But, if you had lied or there was a misunderstanding there may be grounds upon which to have the matter... View More
answered on Sep 3, 2019
Sounds like a petty person that needs time to move on. You can contact the police, they might call him and ask him to stop, but there is not much they can do. You can get a restraining order to prevent him from contact you, but the problem seems that they are contacting others. You can engage a... View More
Also trying to get an order of protection dismissed.
answered on Jul 29, 2019
This actually happens quite often. You can tell the District Attorney that you made a mistake and will not be prosecuting as the victim/witness.
If you are not subpoenaed to court, you do not have to show. The District Attorney will ultimately make attempts to subpoena you.
If you... View More
What will happen to her and 1 of the time she got arrested she was out of County and they let her go but this time she caught another charge in County I just don't know what to expect could you tell me an answer
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answered on Jun 18, 2019
Your question does not make sense, but I can tell at least your Girlfriend needs to hire a competent attorney immediately. Domestic Assault is commensurate with a Felony, and is worse than some. It will be permanent. She needs to find a way to get it Dismissed or Diverted, Dismissed and Expunged.
answered on Jun 6, 2019
Generally, in my experience, the District Attorneys file notices to seek enhanced punishment when you refuse their plea bargain and decide to fight.
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answered on Apr 15, 2019
No. There is no mandatory time on a domestic assault charge in Tennessee. This is a serious charge, however, with serious consequences, such as loss of the right to possess a weapon for the rest of your life in addition to the stigma of such a charge. You should hire an attorney immediately.
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