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Tennessee Domestic Violence Questions & Answers
1 Answer | Asked in Real Estate Law, Domestic Violence and Contracts for Tennessee on
Q: Can I get back down payment on a house I bought with a partner that started psychically abusing me?

(typo: *physically abusing me) I moved out a few months ago and we used a quitclaim deed to get me off the title, but I am still on the mortgage and they threatened to sue me for missed payments since I agreed to pay until the end of this year. I agreed at first out of fear but now I want to know... View More

Anthony M. Avery
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answered on Nov 9, 2023

Physical attack by another tenant is not a release from financial obligation on a note secured by a deed of trust. CH 7 Bankruptcy might be an option. Why did you give a deed without payment therefor? Usually the lender will foreclose on the home first, then possibly come after the... View More

2 Answers | Asked in Domestic Violence and Criminal Law for Tennessee on
Q: Can I bound over a misdemeanor domestic assault charge over to the grand jury in tn
Anthony M. Avery
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answered on Oct 5, 2023

You do not want the DA to bind it over to the Grand Jury. DA is worst than some felonies. Hire a competent attorney and prepare for the Preliminary Hearing. Possibly try to divert, dismiss and expunge the charge. This is a very serious charge which will hurt you permanently.

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1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: What is a normal bond rate to be set for someone who is charged with aggravated assault with a deadly weapon?

The shooter was being violently attacked by their husband.

Anthony M. Avery
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answered on Aug 18, 2023

Courts in different Counties set very different Bonds. Coffee County, in my experience, would generally set Bond about $25K to $50+K for such an offense. If the victim was wounded, it would be much higher, probably three to five times higher.

2 Answers | Asked in Criminal Law, Domestic Violence, Internet Law and Libel & Slander for Tennessee on
Q: Is it possible to have an abusive ex boyfriend's name removed from the deed to the home we both own?

I fled the relationship almost 4 years ago. I was followed, though. I was too afraid to live alone. Thankfully, i had many friends who offered me a safe place. Safe until my ex discovered where I was staying. Once he knew, he terrorized my friends until either I left, or was asked to leave. If my... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 16, 2023

It is possible. It is not easy or inexpensive but it is possible and may result in a sale of the property. In Ohio it is a remedy called partition. Partition cases in Tennessee refer to legal proceedings which allow joint owners of real estate to divide their interests in the property. In other... View More

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1 Answer | Asked in Criminal Law, DUI / DWI, Family Law and Domestic Violence for Tennessee on
Q: Please describe what happens when charges are bound over to the grand jury.

My husband has been convicted of domestic violence and is serving 11 months and 29 days after failing to comply with an agreement he made with the court. The charges had been set in abeyance awaiting completion of the agreement. He chose not to complete the agreement. The judge has now sentenced... View More

Anthony M. Avery
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answered on Jun 8, 2023

If the Judge ordered a Sentence then there was a Conviction, and it was a Misdemeanor at General Sessions Court which was not bound over. Apparently he has one or more charges that were initiated by an Arrest Warrant at Sessions which were not disposed of, that is no conviction nor dismissal. DA... View More

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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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... View 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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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... View 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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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... View 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... View 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... View 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... View 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... View 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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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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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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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 Criminal Law, Domestic Violence, Juvenile Law and Landlord - Tenant for Tennessee on
Q: Tn laws on tenant aiming a loaded gun at Property Owner's minor Son and his Mother
Anthony M. Avery
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answered on Nov 27, 2023

What is your question? It sounds like either an aggravated assault or justifiable self defense.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: I plead guilty to a misdemeanor domestic violence charge in 2017. Will I ever be able to purchase a firearm again in TN?
Anthony M. Avery
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answered on Nov 22, 2023

No...That misdemeanor is worst than some felonies. You might apply for a governor's pardon sometime. But consult with a competent attorney and learn of the many effective weapons legally available to you. Noone should ever plead guilty to that charge without diversion involved.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: Does new 100% sentence law in Tennessee effect people who have already been sentenced or can they still get parole

New law in Tennessee said some crimes have to serve 100% and not get parole now. Does this apply to someone already sentenced before new law ?

Anthony M. Avery
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answered on Oct 17, 2023

It is not retroactive. But charges initiated after its implementation will generate 100% to be served Sentences.

1 Answer | Asked in Family Law and Domestic Violence for Tennessee on
Q: I filed for a order of protection but can't go to court will I get in trouble

I filed it and want it dropped anyway

Anthony M. Avery
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answered on Oct 6, 2023

Go to the Court Clerk's Office and tell them you want to dismiss it. Do this before the hearing.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: I was recently charged with domestic assault and vandalism under 1000. What is the typical Consequence for this?

I went to my exs house to pick up items that we had discussed me getting earlier in the week. He was mad that I came to get things he did not want me to take and when we walked onto his porch, he turned around and pushed me. I picked up the closest thing to me to protect myself and threw it,... View More

Anthony M. Avery
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answered on Aug 28, 2023

Hire a competent attorney now. DA is worst than some Felonies. A conviction will ruin your life. You need it Diverted, Dismissed and Expunged. Expect to make Restitution. Do not plead guilty under any condition than Diversion.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: I’m afraid a younger relative of mine will try to harm me at any cost. How can I get a restraining order easily? no OOP
T. Augustus Claus
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answered on Jul 7, 2023

To obtain a restraining order, you typically need to demonstrate that you have a reasonable fear for your safety or have been subjected to harassment or abuse.

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