Tennessee Domestic Violence Questions & Answers
Q: How can I get charges dismissed against my fiancé in a domestic case I have black outs and ptsd and feel I made a error
Also trying to get an order of protection dismissed.
This actually happens quite often. You can tell the District Attorney that you made a mistake and will not be prosecuting as the victim/witness.
If you are not subpoenaed to court, you do not have to show. The District Attorney will ultimately make attempts to subpoena you.
If you... Read more »
Q: If someone is 17 and also pregnant and got into a fist fight with a 30 year old can they be charged with assault or juvy
They can be charged with an assault as a juvenile.
Q: Me and my fiance where involved in a domestic violence about 5 months ago and we got caught together twice
What will happen to her and 1 of the time she got arrested she was out of County and they let her go but this time she caught another charge in County I just don't know what to expect could you tell me an answer
Your question does not make sense, but I can tell at least your Girlfriend needs to hire a competent attorney immediately. Domestic Assault is commensurate with a Felony, and is worse than some. It will be permanent. She needs to find a way to get it Dismissed or Diverted, Dismissed and Expunged.
Q: What does s notice to seek enhanced punishment or impeachment mean?
Generally, in my experience, the District Attorneys file notices to seek enhanced punishment when you refuse their plea bargain and decide to fight.
Q: In the state of Tn if charged with domestic assault do u have to serve a mandatory 30 days on first offence
No. There is no mandatory time on a domestic assault charge in Tennessee. This is a serious charge, however, with serious consequences, such as loss of the right to possess a weapon for the rest of your life in addition to the stigma of such a charge. You should hire an attorney immediately.
Q: What can you do when someone makes false domestic violence reports to police?
The person reporting is under the influence of drugs and alcohol. Domestic related. False accusations of physical violent contact when it was actually the accuser. Accuser is the abuser but, the innocent person may have a previos criminal history mostly non-related to those accusations.
That is a difficult issue; however, it is one that occurs regularly. The accuser does something physical to you then calls the police and states that you have done something to him or her. You may get arrested. It is important to document the details of the situations and have witnesses and... Read more »
Q: Codes and regulations writ of possession of personal.property in Tn
I am not sure what you are asking about. But the simplest Cause of Action to obtain your personal, non-real, property, is to file an Action to Recover Personal Property in General Sessions Court. This can often be filed without an attorney, but you must be prepared for any defenses or title... Read more »
Q: How much does a lawyer cost for aggravated domestic assault charges?
First time offense
Most attorneys will charge a flat fee for the Case which will be several thousand dollars. Some, like myself, will charge a decent fee through General Sessions Court, such as $1,500 to $3,000. If you are indicted then the fee goes up quickly because at Circuit Court alot of research and... Read more »
Q: What can/should I do if my wife took our two children and left the state, and won't let me have any contact. Options?
On Dec 25, 2018 my wife left our home to visit family in KY with a verbal and mutual agreement to return home on the 27th. Long story short sometime on the morning of the 27th she inexplicably decided not to do this and filed for an order of protection alleging violence and abuse. This order was... Read more »
File for divorce, ask for an emergency hearing, get her served with the papers and go to court. you need to establish jurisdiction here in your home county. Unfortunately, in my opinion, there aren't any other "options"-- for sure, don't try to take matters into your own hands or "steal" the... Read more »
Q: My gf has a top on me but harassing me at work.after owner ban from establishment already. But has now snuck in went
Behind the bar and grabed an employee by her arm and threatened here then retreating out back door.so owner had police go to our residence and inform her know banned from all his properties and businesses.she has already came back the same day spoke to police and was caught trying to enter through... Read more »
I would suggest contacting an attorney to be with you at your order of protection hearing as it sounds like she could manipulate the situation.
Q: My ex gave me our dog when we split. Now she is claiming she will have a warrant issued for theft if I don’t return him.
It was an incredibly toxic relationship and so many domestic situations happened. When we finally split she told me multiple times I had to take the dog or he would go to a shelter. So I took him. Now, because we aren’t getting back together, she is using him against me. He is in her name, she... Read more »
It is very possible, and you might even get convicted. There is no Title to a Dog, but it is probably not worth the trouble and risk to prove ownership in Court. Bond, Attorneys, Court Costs and Restitution could be very expensive. Many Judges and DA's will feel very sorry for her.... Read more »
Q: what if he cant be found?
I need an extended order of protection
It will not go into effect until that person is served.
Q: I am the respondent to an order of protection hearing coming up in Tennessee. Are questions allowed between the parties?
Will I be allowed to ask the petitioner questions during the hearing? Will I be allowed to submit evidence during this hearing?
The answer to all 3 questions is YES. The party seeking the order of protection must prove that there is a real risk/potential for violence or that violence has already occurred and that they are therefore in fear for their safety. Both sides get to testify and present evidence. Both sides are... Read more »
Q: I was charged with a domestic charge and pleads out to probation then found out she was charged with filling false repor
Can my charge be overturned
You must immediately hire a lawyer and file a Motion to Set Aside your Plea. It probably will not be granted, but you might get some type of Judicial Discretion to save yourself. Diversion is not an option, and no competent attorney will plead his Client guilty to such a charge.
Q: My mom's boyfriend threatens to physically assualt me
I'm a minor, 13yrs of age
Tell you teacher or your principal at school about your situation at home. I assume you have already told your mother and she won't help. Your Teacher and principal can help you get to the police or authorities who can help. If you have a cell phone, try to record him making the threats without... Read more »
Q: Would I get In trouble if i took my kids over state lines trying to run away from my abusive husband? No court papers
No papers have been filed with the court. He told me that he would kill me and dispose of my body and noone would ever find me
You should report the threat to your local police. Running away won't solve the problem. Seek advice from friends and family as to how to insure your protection. Ultimately, you should consult an experienced divorce lawyer - it sounds like this relationship is over so the real solution is a... Read more »
Q: My husband was charged with Aggravated Domestic Assault. I do not want to press charges. What can I do?
This is a public forum and is not appropriate for all questions. Hire a competent attorney to represent your Husband and ask him. Do not be coerced into testifying to things that did not occur as DA's often attempt to get domestic victims to do. It is the State's Case, not yours.
Q: I had court this morning on a order of protection which was violated. He did not show What is contempt of court mean
We also have court again on September 4 for domestic assault and distraction of property
Well, if he did not show, then techincally, he is in contempt of court. You need to have your attorney file a Motion for Contempt to place him in jail.
Q: For a felony, how does a “pauper” get a lawyer? And is the public defender the same as getting a “pauper’s” attorney ?
Drugs were involved . The husband , on drugs, and out of his right mind, acted threatening and grabbed his knife from his 11year old , who was trying to prevent their only car from being damaged & almost cut his son. His wife went to the police station. The husband kicked out the window of the... Read more »
At your first court date, typically the Judge will deliver a statement of your rights, one of which is to be represented by an attorney. If you can't afford one, the court can appoint one. Usually, in the larger jurisdictions, you may get the public defender. In smaller towns, I have seen a list... Read more »
Q: I filed a domestic violence report & they arrested him, he has no bond yet is it possible to drop charges?
You can go to court and drop the charges. The D.A.'s office will probably listen to you so long as you don't refile; however, they may require you to go to court several times before it is over.
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