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

Anthony M. Avery
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Anthony M. Avery
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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Anthony M. Avery
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... Read 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
PREMIUM
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 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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Anthony M. Avery
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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Anthony M. Avery
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.

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
PREMIUM
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.

2 Answers | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: If I don’t go to court will aggravated domestic assault be dropped? I’m the victim

I called the police to supervise while I got my stuff and left after a fight with my boyfriend. I failed to mention the part where I attacked him verbally and threw something at him. He choked me for a few seconds and there were scratch marks. I also had a black eye from his elbow. I said it had... Read more »

Cayley Turrin
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Cayley Turrin
answered on May 10, 2022

Once charges have been pressed it is up to the district attorney. If you are subpoenaed you need to appear in court.

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1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: Me and ex live together and both names are on the lease. We got into an argument where he pushed me so I hit him

Daughter called police and we both filed dv reports against each other, now there is a no contact order but we live together. Usually our schedules match up where we don't come in contact with each other but when I arrived home he was there and called the police saying he was there 1st so I... Read more »

Cayley Turrin
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Cayley Turrin
answered on May 4, 2022

That is NOT true. Hire an attorney immediately before you pick up a new charge.

1 Answer | Asked in Domestic Violence and Sexual Harassment for Tennessee on
Q: In Texas of 1992 at the tender age of 14, I was in a sexual relationship with a 20-year-old man.

In 1996 I later went on to marry him due to being pregnant with my parents consent. I also had to drop out of school. I was 17 by now.

In 2004 and 3 children, I finally got the courage to divorce him.

There is alot more to this monster.

However, before I go further, I just... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 3, 2022

No, outside of possible child support.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: the DA won’t respond to me about dropping charges, I am the victim. What do I do? I will not testify and no evidence

I am bipolar and was not in my right mind at the time of incident nor the reporting. I am now stable. The one being charged had an evaluation and does not remember the incident and has been found to have PTSD that he is working on. I will not testify and there is no evidence or witnesses. I have... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Mar 22, 2022

This is a public forum, so do not state any more facts here. Hire an attorney to explain your legal duties and the consequences for failure. It is the State's case not yours.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: is it illegal for a victim of domestic assault to meet up with the offender then report them right after?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 21, 2022

Not illegal and happens all the time.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: What's the difference between kidnapping and aggravated kidnapping and especially aggravated kidnapping
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 14, 2022

Many years of incarceration commensurate with the differences in C and A Felonies.

2 Answers | Asked in Domestic Violence for Tennessee on
Q: Under 39-13-111 is this considered a domestic assault? See details.

You have a husband and wife named Jon and Jane, and a boyfriend and girlfriend named Jack and Jill. Jon was previously married to Jill and they have one child together. Jon and Jack do not know each other except through Jill. Jon and Jack assault one another. Is that domestic assault? If so, how?... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 11, 2022

It should be charged as Assault or Aggravated Assault. But very often LEO's want to charge for the most serious misdemeanor there is, Domestic Assault. Anyone charged with that should demand a Preliminary Hearing, and if bound over, start looking for Diversion.

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1 Answer | Asked in Domestic Violence for Tennessee on
Q: What do I do if I have a warrant for domestic violence against me instead of my brother! Me him and my dad same name
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 2, 2022

That is a very serious crime, and should be so defended against. Hire a competent attorney to turn you in in Court, and announce the name similarities. They will want to see and locate Dad and

Brother.

1 Answer | Asked in Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: If a domestic assault case the state picked up postpones a trial 3 times, will it be thrown out?

The state of TN picked up a domestic abuse case on him, regardless of my own testimony redeeming him innocent during our public verbal dispute in our residential

Community. Despite the initial arraignment, the trial has been put off twice now because of me not being sepenaed to go. Numerous... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 2, 2022

You need to hire an attorney to tell you what the consequences are. This is a public forum, and it is always the State's case, not the victim's.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: A person (grown child) of defendant. Called 911 and had someone ( the mother) arrested for false allegations of assault.

The daughter later decides to not prosecute the defendant (her mother), but once she gets to the court to waive prosecution she is informed that the State has picked up the charge for no other reason but cruel and unusual punishment.

If this legal in general sessions court of Tennessee?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 27, 2021

It is always the State's Case, not the victim's. The Mother may get indicted, unless she has already plead guilty. The victim will be subpoenaed to the Grand Jury. If her allegations were false, she should hire an attorney for advice.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: What can you do if arrested for domestic violence but you were the victim and will this show on my record

Didn’t want my relative going to jail and kids might have lied on her behalf scared for her to go or just plan evil and I’m a cna I can’t get a job with a assault charge showing will this show up was told it shows up now and still where I was arrested even if it was dismissed I’m really... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 21, 2021

Hire a competent attorney. You will need to work out some type of Diversion, Dismissal and Expungement. Domestic Assault is worse than some Felonies. Do not get in any more trouble. Prepare for your Preliminary Hearing now.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: What to do if I was pressured into a statement?

I was in the shower and my husband was asleep when police arrived. They said they got a call for a welfare check. They noticed I had marks on my neck( spotty from shower). They questioned me and I tried to explain but they asked to speak to my daughter who is 5 and she started talking about us... Read more »

Cayley Turrin
PREMIUM
Cayley Turrin
answered on Dec 9, 2021

I would hire an attorney immediately.

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