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Tennessee Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Tennessee on
Q: My fiance was charged with domestic assault against me and is taking it to trial , if I dont show up will it be dropped

This happened in Gatlinburg, Tennessee , I already told prosecutors I dont want to prosecute her , she called the cops and they took her in

Anthony M. Avery
Anthony M. Avery answered on Oct 14, 2020

Possibly, but you might go to Jail for failure to obey a Subponea or giving a False Report. This is a public forum which does not allow frank discussion. Hire your own attorney for advice now.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Tennessee on
Q: Tennessee wants an original police report of a charge I sent a final disposition for from NY 10yrs+ ago for ccw permit

They want to verify that my misdemeanor charge isn't domestic assault or battery but it clearly States on the disposition that it isn't are they allowed because I feel like my rights for fire arms are being suppressed or neglected It's been more than the 60 days they say it takes I... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 22, 2020

If necessary you will need to file an Action in General Sessions against the State. It is basically a Declaratory Judgment Action pursuant to Statute, and I believe you will need a competent attorney. This will need to be filed very soon.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Me n my boyfriend had argument bout year half go the law just now came to my house for him on domestic charges

He busted my car window out but it was cold that morning so it broke easy I was mad went to pd but we end up working thing out he paid for the window also he may have possible vop had bonds man call the jail see if he had bond they said no said he think there was 2 domestic violence charges and... Read more »

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

Boyfriend needs a competent attorney today. DA is worst than some felonies. He should not plead guilty under any condition except diversion.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: If the Grand Jury finds an assault charge unfounded, shouldn't the order of protection be dismissed also?
Anthony M. Avery
Anthony M. Avery answered on Sep 9, 2020

Not necessarily at all. The Grand Jury considers criminal cases under a different standard of proof required. Orders of Protection is a civil matter, and virtually no evidence is needed.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: Is it legal to arrest a victim for refusing to testify in a dv case?No subpoenas were served before a warrant was issued

Who would I contact near Crossville, Tennessee?

Anthony M. Avery
Anthony M. Avery answered on Aug 24, 2020

You did not say what Charge. But alleged victims are often charged with filing a false police report or 911 call. With no subpoena, I doubt that it was contempt of Court.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: My friend called the cops on her boyfriend for good reason and now he has a warrant and has been arrested Domestic

Assault Can she call her local police department and drop charges. And he be released?

Anthony M. Avery
Anthony M. Avery answered on Aug 18, 2020

No it is the State's Case. Domestic Assault is very serious, worse than many Felonies. He needs a lawyer and should not plead guilty under any circumstance except with Diversion.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Charges were filed for domestic assault July 20th. He was arrested. Court date is September 10th.

My daughter was abused for 2 years. Old scars from being whipped with a belt and scars on her legs from being beaten with a piece of wood. She has face damage that is being addressed. No one has contacted us since, a Domestic Violence Advocate was supposed to contact either me or my daughter, but... Read more »

Shanone Emmack
Shanone Emmack answered on Aug 18, 2020

Nothing right now. Your daughter will need to appear on the court date as the main victim/witness. The domestic assault charge will hopefully be addressed on Sept 10th. If he pleas guilty he will likely be required to do jail time or probation and to stay away from your daughter. He will (... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: How can i be charged with felony aggravated assault in TN if there was no injury or property damage

She took off in my car and i did chase her in a my other car and argued but did not touch her or the vehicle.

Anthony M. Avery
Anthony M. Avery answered on Aug 17, 2020

Chasing in the other car can be considered using a deadly weapon, instilling fear in the alleged victim. You are charged with at least a Class C Felony. Hire a competent attorney to represent you. Do not plead guilty to any Felonies or Domestic Assault. This is a serious matter which might... Read more »

1 Answer | Asked in Domestic Violence for Tennessee on
Q: My boyfriend is being charged with domestic assault is there any way to get the charges dropped?
Anthony M. Avery
Anthony M. Avery answered on Aug 12, 2020

You did not say whether you were the victim or not. Whatever, it is the State's not the victim's case. Boyfriend needs a competent attorney. He should not plead guilty under any circumstances except with Diversion. This is a public forum, so my response is limited. If the lawyer... Read more »

1 Answer | Asked in Domestic Violence for Tennessee on
Q: My 17 years old when went to court a month ago for harassment and now we have to go to court for aggr. domestic assualt?
Anthony M. Avery
Anthony M. Avery answered on Aug 11, 2020

It appears that a Felony Warrant has been issued against him. He needs a lawyer today. I do not think he has represented himself well, and may be getting into more trouble. He should not plead guilty under any circumstances except with Diversion.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: I was charged with domestic assault twice in one week— with 2 different parties. Is it likely ill face jail time?
Anthony M. Avery
Anthony M. Avery answered on Aug 3, 2020

The misdemeanor Domestic Assault is worse than some felonies. And jail is certainly a possibility. But hire a competent attorney today. Quit talking about these charges to anyone, and stay out of trouble. It is possible to survive such a situation. Do not plead guilty unless with Diversion.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: If me and my spouse got into a fight and one person the woman ended up with a red busted blood vessel but I didn't hit

Can I be charged with abuse. Even if she don't wanna press charges

Anthony M. Avery
Anthony M. Avery answered on Jul 31, 2020

Yes.. Domestic Assault Charges are very easy to swear out by either the alleged victim or a LEO. It is a very difficult crime to defend against, and you will need a competent attorney. That Misdemeanor is worse than some Felonies. And it is the State's Case, not the victim's.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: On warrant states reckless endangerment,does that cover FELONY endangerment also? 39-13-103
Anthony M. Avery
Anthony M. Avery answered on Jul 30, 2020

Yes... That Statute includes both Felonies and Misdemeanors.

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Tennessee on
Q: How long can someone b held without a bond even after arraignment

Charges are said to b Agg. Assault, vandalism times 2, violation of order of protection, Arrest 2 prior times, no bond, jail does not have paperwork/warrants, circuit court only meets once a month, arrested this time on july 18th

Anthony M. Avery
Anthony M. Avery answered on Jul 27, 2020

The Defendant needs a real attorney. A written Motion To Set Bonds must be filed and argued. I suspect he has been charged again while being on Probation or out on Bond.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: I got a denial for a handgun carry permit for a Domestic Violence charge that tool place back in 1997 What can I do

I was offered Anger management and completed the class to stay out of jail

Anthony M. Avery
Anthony M. Avery answered on Jul 17, 2020

Apparently either you got convicted or it was dismissed and you failed to expunge it. You seem to think that it was only a charge, which would not be a firearm disability. Hire a competent attorney to find the Warrant, discover its disposition, and expunge it if it was dismissed. Then reapply... Read more »

1 Answer | Asked in Domestic Violence and Criminal Law for Tennessee on
Q: Tn. Aggravated domestic assault. What happens if person doesn't show that was Allegedly assaulted

I was not read read my Miranda rights either does that fall into place in anything.Can give more details over phone.

Anthony M. Avery
Anthony M. Avery answered on Jul 14, 2020

If the alleged victim witness does not appear in Court, the Court might dismiss it or continue it. If the Case goes before the Gran Jury, an Indictment may or may not be returned. It is a class c felony. If you said something incriminating, it will be used against you unless you file a... Read more »

1 Answer | Asked in Domestic Violence for Tennessee on
Q: I need to know how long I have to get my belongings out of my old place after the order of protection was served?
Anthony M. Avery
Anthony M. Avery answered on Jul 14, 2020

You cannot go there right now. Sometimes the ex parte Order allows you to get a LEO to go with you, but if that is not in there, you cannot. At the Hearing, try to get the Judge to make such an Order within a day or two of the entry.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: how much does a domestic assault cost to get off your record?
Anthony M. Avery
Anthony M. Avery answered on Jul 10, 2020

If you are convicted, it will be on all databases forever. A warrant/indictment needs to be defended against to the absolute maximum ability of the lawyer and defendant to do so. Do not plead guilty to domestic assault under any circumstances except with diversion. If it was dismissed, then $700... Read more »

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Me and my boyfriend got into an argument and he hit me and than we where arguing some more and he choked me and I was

Hitting him to try and get him off of me and the cops came and arrested both of us and charged him with aggravated domestic assault and me with domestic assault what do you think will happen in court

Anthony M. Avery
Anthony M. Avery answered on Jul 8, 2020

Both of you need competent attorneys. Do not talk about the incident to anyone, and do not post messages on the internet, phone, etc. Do not plead guilty to Domestic Assault under any circumstances unless it is Diversion. Even try it if you have to. A Conviction will destroy your life.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: My boyfriend got charged with domestic assault and I want it to be over how do I end this idiotic case?

My boyfriend should have never been charged I said multiple times I cannot wait until August 18th for the court date the case hasn’t even been filed my son and daughter miss their father my son wakes up every night crying for his dad I want this to be done

Anthony M. Avery
Anthony M. Avery answered on Jul 2, 2020

Assuming you are the alleged victim/witness, you must understand that it is the State's Case, not yours. The Defendant needs a competent attorney to apparently get the Bail reduced and represent him. He should never plead guilty to Domestic Assault under any conditions except Diversion.... Read more »

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