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Tennessee Domestic Violence Questions & Answers
2 Answers | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: If I was arrested for domestic battery but got a misdemeanor charge how does that affect my gun rights
Anthony M. Avery
Anthony M. Avery answered on Apr 6, 2021

The Charge is probably Domestic Assault. A conviction means you cannot touch a firearm or ammunition. Without fail hire a competent attorney to get the Charge Diverted, Dismissed and Expunged. The end result is what counts, not whether you are guilty or not.

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1 Answer | Asked in Domestic Violence for Tennessee on
Q: My fiancé and I had a fight. Someone called the police on us because he pushed me and was trying to protect himself.

I hit him first so I told the police and they took me to jail. I was there for 12 hours and I got charged with domestic violence. It’s my first time. We want to do peaceful contact. The problem is that I wasn’t supposed to text him call him or see him at all but i didnt understand that at the... Read more »

Ross Matuszak
Ross Matuszak answered on Mar 29, 2021

First, you absolutely need to STOP POSTING FACTS ABOUT YOUR PENDING CRIMINAL CASE and contact an attorney. You are making admissions that can get you in very serious trouble. An attorney can help advise you on future communication issues, file a motion to alter your bond conditions and get a court... Read more »

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Can I file a police report on domestic violence without filing charges?

I took pictures a hour after it happened and the day after. Its been a week since the incident and most of its healed or just about healed but there is a evident scar under my eyebrow

Ross Matuszak
Ross Matuszak answered on Mar 15, 2021

Thank you for your question. To answer it simply, if you file a police report to report a crime, it is not your decision whether to charge the case or not. That decision lies with the State. However, if you are adamant with the police that you do not want to press charges and just want to report... Read more »

1 Answer | Asked in Divorce and Domestic Violence for Tennessee on
Q: I need to know where to start with filing for divorce. We were married in Mississippi but he is now living in Virginia

I’m living in Tennessee now

Ross Matuszak
Ross Matuszak answered on Mar 5, 2021

Thank you for your question. Jurisdiction is tricky, especially when time passes and spouses move to different states.

I cannot speak to Mississippi or Virginia law, as I am not licensed in those states. However, if you have been a resident of Tennessee for more than 6 months, you may be...
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2 Answers | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: is there any way to have an assult charge removed if it is the only charge EVER and was 10 years ago?

i was only ordered to pay $200 and 3 days of community service. for pushing someone away from me...and now have a Domestic Assault charge on my record....

Anthony M. Avery
Anthony M. Avery answered on Mar 4, 2021

That charge is worse than some felonies. You need to check with the Court Clerk and examine the actual Warrant. Look at the Disposition by the Judge. If it is a conviction, it will be permanent. If it was dismissed, expunge it. Good Luck !!!

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1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: My boyfriend was arrested on Aggravated Domestic Assault against me. If I skip court will he be released from jail?

My boyfriend of 9 months was arrested and I am the alleged victim. We were fighting that night but I didn'tcall the police. My mom called them after I called her for a ride. She hates my bf. I was on the balcony fuming after our fight and he says when I stood on the side of the chair looking... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 24, 2021

It will not be that easy for the charges to be dropped. And they are very serious. He needs a competent attorney today, and you do not need to communicate with him in any way. You may need your own attorney if you are not careful. Without proof the State's Case will be dismissed. But... Read more »

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Can I drop an aggressive stalking charge if I am the victim
Shanone Emmack
Shanone Emmack answered on Feb 20, 2021

You cannot personally drop the case because it is the State's case. However, you can tell the District Attorney that you don't want to pursue charges and tell the reasons why and the DA may dismiss it.

1 Answer | Asked in Civil Rights and Domestic Violence for Tennessee on
Q: i file order of protection and its signed by a judge but the respondant hasnt been served by police is it in affect?

i filed for order of protection does the other party have to be served before its active?

Anthony M. Avery
Anthony M. Avery answered on Feb 15, 2021

The ex parte order is effective when issued. However it would be difficult or impossible to enforce it if it is never served.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Planned to divorce my wife ,she filed a false domestic violence complaint. What are the chances of dismissal of charges

She married me just for the sake of getting US Green card.when i came to know her real intentions and she was constantly pressuring me for filing her green card ,decided to divorce her .

Even i went to police ,told them that she is threatening me ,if I don’t file her green card ,she would... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 15, 2021

You have not stated whether it is a criminal charge or an order of protection. Either way do not have anything to do with the woman, including saying anything about her. Hire a competent attorney to investigate the case and minimize the problems. Hopefully there will never be any proof of... Read more »

1 Answer | Asked in Domestic Violence for Tennessee on
Q: order or protection sign on me. she said I tried to choke her , and I was going after my gun. no charges was filed

I have court for the protection paper do I need to get a lawyer??

Anthony M. Avery
Anthony M. Avery answered on Feb 2, 2021

Especially if you own firearms or you are military/police, protection orders are a catastrophe. Hire an attorney who knows firearm laws, in addition to domestic violence, only. Do not say or do anything to the Petitioner.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Filling exparte that is false

After a police report was made. Then she called ofcr to add 500$ damage to report

Anthony M. Avery
Anthony M. Avery answered on Feb 2, 2021

Not sure of your question or what is going on. But apparently you have not went to Court yet. I suggest you go to Court with an attorney and possibly witnesses. If it is an Order of Protection, the consequences could be severe to some Defendants.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: If a Respondent violates an OOP but the order is dismissed before they're arrested, can the arrest still be made?

I received an OOP from my ex based on false statements. She is now trying to get it dismissed and we have been talking a lot. Her abusive boyfriend took her phone and saw some messages, and we assume has tried to report a violation. She is still filing the dismissal. But if he DID report a... Read more »

Cynthia A. Sherwood
Cynthia A. Sherwood answered on Feb 1, 2021

If a warrant was issued or even just a report made for an alleged violation of an Order of Protection prior to the Order being dismissed, the report would not just expire. A person can be convicted of violating an Order of Protection for acts taken prior to the Order being dismissed even if that... Read more »

1 Answer | Asked in Domestic Violence for Tennessee on
Q: My parents called the police on my boyfriend and he is now charged with domestic assault

He accidentally kicked me when going out the window to leave and get away from me. Is there anyway for me to drop this charge?

Cynthia A. Sherwood
Cynthia A. Sherwood answered on Feb 1, 2021

In Tennessee, there is no way for you to drop the charge because it is the State of Tennessee that has brought the criminal charge against your boyfriend, not you. That being said, there are many things you can do to try to get the State to dismiss the charge against your boyfriend. You can... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: Would I have to sell my home that my father had bought me during the marriage

I left the home cause of treats of violence against me. He is demanding $20,000 to leave my house. What can I do. He has also told my children he would burn house down. We do not have any children together

Ross Matuszak
Ross Matuszak answered on Jan 15, 2021

Thank you for your question. From what you said, it seems that you may be in danger. If you feel threatened or are actually threatened with physical violence, call the police immediately. It would also be a good idea to file an order of protection against your husband due to threats of violence and... Read more »

1 Answer | Asked in Domestic Violence for Tennessee on
Q: If a "victim" admits under oath that what she was accusing her ex of did not happen that she lied about it. Can he stil

Can he still be charged with those things? He has pending charges still even after she said that it didn't happen. Should those charges be dismissed?

Anthony M. Avery
Anthony M. Avery answered on Dec 3, 2020

Yes, it happens alot. I doubt any type of suppression motion exists, and if the SOL is met, then there are probably no dispositive pre-trial motions available. That becomes an issue at trial.

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.

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