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Tennessee Domestic Violence Questions & Answers
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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Anthony M. Avery
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... Read more »

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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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... Read more »

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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Anthony M. Avery
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.

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... Read more »

Brandon D. Fersten
Brandon D. Fersten
answered on Jan 11, 2023

Generally, the defense attorney will set the case for a preliminary hearing and the State will subpoena you as their witness at the hearing. However, before the hearing takes place, the ADA assigned to the case will be in negotiations with your husband's attorney. Your husband's attorney... Read more »

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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... Read 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... Read more »

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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
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... Read more »

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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Anthony M. Avery
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 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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Anthony M. Avery
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 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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Anthony M. Avery
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 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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Anthony M. Avery
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 a report for domestic abuse was reported but charges were not pressed, than what happens to the offender?

And what happens to the report ? How long does it stay on file?

Anthony M. Avery
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Anthony M. Avery
answered on May 19, 2022

If no Arrest Warrant nor Indictment is issued, then no criminal charge is ever made. Incident Reports for the various LEO agencies may stay on file at the department forever. The Report is not a criminal charge itself. The alleged offender is never charged with an offense.

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... Read more »

Anthony M. Avery
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Anthony M. Avery
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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Anthony M. Avery
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 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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Anthony M. Avery
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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Anthony M. Avery
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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Anthony M. Avery
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... Read more »

Anthony M. Avery
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Anthony M. Avery
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 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
Henry Ambrose pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 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 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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Anthony M. Avery
answered on Jan 23, 2023

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

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