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Tennessee Domestic Violence Questions & Answers
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 »

1 Answer | Asked in Divorce, Child Custody and Domestic Violence for Tennessee on
Q: My husband is in jail we share 2 children. I'm in fear of what he will do when he gets out.

I have an order of protection for me and my children he is in jail looking at prison time for drugs. I have now been seeing my boyfriend for a few months and he wants us to move in with him to keep us safe. My husband has told me many times the only way I was leaving him is in a body bag. But... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jun 16, 2020

You talk about your divorce in your question. Have you filed for divorce? If you have, then I would talk to your attorney about how to proceed. If you have not filed, then I would get an attorney and file as soon as possible.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: Can the victim of a order of protection get in trouble for violating it?

my nephews i guess now ex keeps knowingly violating the order of protection.My mom has run her off several times.now last night she had him arrested for violating.there both at fault.But she gets off scott free.

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jun 13, 2020

Generally, there are 2 ways that our firm does orders of protection. If you need one immediately, and you are not in litigation, then you usually go to the local police department. If the order is violated, you can call the police to arrest the person in violation. If you have an order of... Read more »

1 Answer | Asked in Domestic Violence for Tennessee on
Q: My boyfriend was just recently charged with domestic violence because a so-called witness said they seen him punch me

In my face which was not true at all ! & I had stated right then to the police that he didn't do that & they wouldnt listen to me & still said they were giving him domestic violence we already have court in 2 months , & I don't want to press any charges against him at this... Read more »

Shanone Emmack
Shanone Emmack answered on Jun 7, 2020

I'm unsure whether he will be able to bond out but you can call the jail and see if there is a bond. Keep in mind that if he is bonded out he will likely have bond conditions that forbid him from having contact with you (the victim). He will need to hire an attorney to gather all the... Read more »

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 »

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