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Tennessee Domestic Violence Questions & Answers
2 Answers | Asked in Divorce and Domestic Violence for Tennessee on
Q: I need a divorce and my husband is at fault and can be destructive and violent but we live in MY home. what can I do?

I have evidence of his behavior and leaving my home is not an option. How should I proceed?

Paul E. Tennison
Paul E. Tennison answered on May 19, 2020

Contact a divorce attorney in the county you live in immediately. An experienced attorney should be able to assist you with asking the Judge to order your Husband to leave the home if such an option seems viable. At least this is true under Tennessee law. I am unsure which law would apply to your... Read more »

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1 Answer | Asked in Divorce and Domestic Violence for Tennessee on
Q: I have plenty of evidence for grounds for divorce from my husband but how can I file for divorce we both live in my hous

He can be explosive destructive and violent and I fear him receiving the paperwork would set him off and make things worse

Shanone Emmack
Shanone Emmack answered on May 19, 2020

When you file the complaint for divorce your husband will be served the papers. If you fear he will get violent then I wouldn't be alone with him. Try to make arrangements to stay somewhere else. Don't put yourself in a potentially dangerous situation.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Diversion Program

Can a diversion program be extended? If you was in a diversion program and completed all task before the deadline, but failed to stay out of trouble can the diversion be extended?

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 15, 2020

Need a bit more information before your question can be addressed.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Tennessee on
Q: Mr Denison

Would a lawyer be able to attempt to work some kind of an agreement in lieu of a dvo to prevent me from not being able to possess a firearm due to my job?

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 14, 2020

I can only assume that DVO means a domestic violence order. There are exceptions if what you are referring to is an order of protection action, however you need the assistance of an experienced family law attorney. Do not respond with any specifics of any allegations as social media such as this... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: I was in an altercation with someone they were trying to rob me and had beaten me pretty badly I shot them they died

Their partner shot me twice once in my elbow and once in my lung that collapsed it they took my car as evidence what do I need to do and can I get my car back was this self defence

Shanone Emmack
Shanone Emmack answered on May 14, 2020

According to your facts it appears to be self defense however, this is a serous situation and an experienced attorney is needed to help and protect you.

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1 Answer | Asked in Domestic Violence for Tennessee on
Q: Follow up to question about girlfriends case. So even though I made a signed statement that is still the case ?
Shanone Emmack
Shanone Emmack answered on May 11, 2020

It is now the State's case and it is up to them whether they want to dismiss or prosecute. It's important that you call the DA's office and talk to them and see what they plan to do with the case.

1 Answer | Asked in Domestic Violence and Identity Theft for Tennessee on
Q: What steps can I take to protect myself from financial abuse by my ex?

He has taken the information off my license and has my social security number and has already set up a credit karma account for me. I am in a program in which the government assigned me an address. But I’m afraid of him using my information when it comes to tax time (since I can legally claim the... Read more »

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 9, 2020

If you have an attorney, then tell your attorney. It sounds as if you are in a divorce proceeding and he may have violated the automatic injunction. If you do not have an attorney, get one.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: My girlfriend got arrested for domestic assault but I didn’t tell the whole truth in my statement. Could I go to jail

I signed my statement and I actually started the altercation. If I say that in court could I be facing jail time ?

Shanone Emmack
Shanone Emmack answered on May 9, 2020

You will probably not go to jail but you do need to call and straighten out the details. I would call the DA office and talk to the DA or witness coordinator about the issue. If they wont talk to you then make sure to give all the details on the defendant's court date. You will be the main... Read more »

2 Answers | Asked in Domestic Violence and Family Law for Tennessee on
Q: In Tennessee for an ex parte protection order, is a hearing required within 15 days of service of that order?

I have been under an ex parte order of protection for 6 months. Does this violate my due process rights?

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 8, 2020

At this time the Tennessee Supreme Court has issued Orders continuing Order of Protections until it determines it is relatively safe to conduct hearings. So, no under these circumstances your rights have not been violated. If you do not have an attorney, you need to get one asap.

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2 Answers | Asked in Criminal Law, Domestic Violence and Federal Crimes for Tennessee on
Q: Can victim show up at defendants residence with a no contact order in place?

The victim showed up at the defendants residence me and my boyfriend and wont leave so i made him leave so he wouldn't get in trouble is that not violating the order for the victim to come to the defendants residence

Cayley Turrin
Cayley Turrin answered on Apr 29, 2020

No it is not. If this happens again to make sure that the defendant does not get into trouble I would call the police and let them know what is going on.

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1 Answer | Asked in Criminal Law, Civil Rights, Domestic Violence and Federal Crimes for Tennessee on
Q: What if victim shows up at the defendant's residence with no contact order in place due to aggravated assault

No contact order in place due to aggravated assault and the victim showed up at defendants residence does the victim violate the order? what should the defendant do?

Shanone Emmack
Shanone Emmack answered on Apr 29, 2020

The defendant needs to call his/her attorney, police, as well as document and save any proof that the victim made first contact. The victim does not have bond restrictions from seeing the defendant, However, the police and attorney need to be made aware of the situation to protect the defendant.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: I was arrested for domestic assault. My ex self inflicted scratches on himself. Am I going to get jail time?

Kingsport, Tennessee

This is my first time ever having something like this happen.

Anthony M. Avery
Anthony M. Avery answered on Apr 15, 2020

Irregardless of what happens, do not plead guilty to Domestic Assault under any circumstances except with Diversion. Jail is not the problem, ruining your life forever with a conviction is worst than many felonies. Trial and even Appeal is worth the risk.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: What are court costs and fees for domestic violence in Tennessee
Shanone Emmack
Shanone Emmack answered on Mar 21, 2020

They vary depend on how many times the case has been reset or people have been subpoenaed. You can call the clerk office and they will be happy to tell you the costs.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Can you travel out of state after being charged with domestic violence in Tennessee?

This would be several hundred miles out of state. Not like Southaven or Olive Branch from Memphis.

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Mar 20, 2020

You need to check your bail conditions. That issue should be addressed.

2 Answers | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: I was charged with domestic assault-misdeamnor B (contact that was provactive and offensive). He didn't press charges.

This occurred in my office where I needed to restrain my brother who is not well mentally and has been going through a very difficult time over the last 3 years (divorce, loss of kids, loss of job, depression, recovering addict, self medicating, anger issues, etc..). I was worries about him... Read more »

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Mar 3, 2020

No one can tell you what your brother will testify to at trial. If he is under subpoena, he has to show up. I assume there is a stay away order of some kind. Your best option is to retain counsel. That person can talk with your brother and give you a better idea of the outcome of your case.

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1 Answer | Asked in Domestic Violence for Tennessee on
Q: Domestic Assult case-TN

My boyfriend has a pending domestic assault case with me (Minor bruise to the arm). Part of his bond was that he was to have no contact with me. We got back together and he moved into my house while this was pending and we got into a fight that resulted in a bruise on my arm and him spitting on my... Read more »

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Feb 28, 2020

Yes, the Attorney General can prosecute whether you want or not. This happens all the time. The best thing you can do is to not contact him, talk with his attorney and be prepared to testify.

3 Answers | Asked in Domestic Violence for Tennessee on
Q: My ex boyfriend was charged with domestic abuse aggravated assault but I did not press charges do I have to go to court

I asked the cops to assist me in obtaining my possessions because my ex boyfriend refused to give them to me after an argument and he ended up leaving a bruise on my arm. I told 3 deputies I did not want charges pressed and I never did a statement or signed anything. They assisted me with getting... Read more »

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Feb 21, 2020

The state can decide to charge him whether or not you want to have him charged. If you are served with a summons, then yes you have to go to court. Although in my experience, if the victim refuses to show up at court, the court issue a bench warrant. However, it is very possible that the court... Read more »

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1 Answer | Asked in Domestic Violence for Tennessee on
Q: Where can I go and dropped the charges against someone?

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

Anthony M. Avery
Anthony M. Avery 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.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Me and my son have an order of protection against my childs father. Would he get visitation?
Paul E. Tennison
Paul E. Tennison 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... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: I was found guilty of criminal contempt for violating an ex parte order of protection. Can it be expunged?

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... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. 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... Read more »

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