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Tennessee Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: My ex was arrested for dv after beating me. I was trying to leave. Finally got out. How am I protected now?

I have been getting beat and verbally abused for years by him. I was arrested 3 times because he called in as the abused and I was protecting myself from me extensive injury. My charges were dropped. I lived with him the whole time even though I was legally not allowed in his home. Until last... Read more »

Cayley Turrin
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Cayley Turrin
answered on Nov 17, 2022

I suggest hiring an attorney or getting one appointed to ensure that that does not happen.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: What does plea deadline hearing mean?

I was a victim of aggravated assault, the grand jury indicted him with two counts, one aggravated assault by strangulation the second aggravated assault with serious body injuries. I have not been going to all the hearings as I am terrified of seeing him.

I did have to testify and that was... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Nov 15, 2022

That is usually the deadline for Defendant to enter into an agreed upon guilty plea to a crime and an agreed Sentence. Otherwise a Trial Date is set.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: My children’s dad was sent to jail on my behalf It got over exaggerated is it good for me to explain the situation to da

He gotten charged with domestic (tiny scratch) & vandalism for breaking the phone he bought me. Should I speak with A DA or no ? I don’t want any chargers or anything done on him. What should I do to help with process ?

Anthony M. Avery
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Anthony M. Avery
answered on Nov 10, 2022

Domestic Assault is more serious than some Felonies. Defendant needs an attorney now. This is a public forum. Do not talk to anyone but his lawyer.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: My husband was arrested for domestic violence. He has 4 felony charges. The case had its first grand jury hearing Nov .

At the time of arrested he was in severe psychosis. This never happened before. He has schizophrenia. I don't know if that has been considered. But when we called.for help the day of the crime, law enforcement denied assistance to mental health crisis. 2 hours later it became a crime.... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Nov 7, 2022

Husband needs a competent attorney now. You all have not handled this correctly and have played into the domestic violence army's hand. Lawyer needs to prepare for a Preliminary Hearing, and you all need to not talk to anyone.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Tennessee on
Q: If someone is accused of choking their spouse, even if it's he said/she said, will that person automatically be arrested

After the choking incident, the very next night in fact, there was another incident. He was not arrested or held the mandated 8 hours. Is the police department negligent in this case?

Cayley Turrin
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Cayley Turrin
answered on Nov 4, 2022

Depends on a wide variety of factors. The hold is a mandatory 12 hours.

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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Anthony M. Avery
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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Anthony M. Avery
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 and Domestic Violence for Tennessee on
Q: If I'm not on the scene when the police show up how long do they have to arrest me on the charges?

BTW she filed them at the police station bc I have had no contact with her whatsoever and she is not allowed on my property but they came looking for me at my house.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 26, 2022

Misdemeanors must be instituted within 1 year of the incident. Most Felonies must be initiated within various numbers of years.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: If me and my roommate got to fighting and they couldn’t determine who started it will the court file charges against me

I bite her and she made all my nails bleed because I had acrylics on but campus police couldn’t determine who started the fight so they took both of us to jail and we got charged with domestic violence this is my first offense of any kind with the police will the case get dismissed or will I... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Sep 14, 2022

Those are serious charges, worse than some Felonies. Hire an attorney to get it Diverted, Dismissed and Expunged. Jail is the least of your worries if you are convicted.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: if my boyfriend has a domestic assault charge and plead not guilty, does he serve time for it after bonding out.

he has priors but it was domestic violence and was exponged from his record.

Anthony M. Avery
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Anthony M. Avery
answered on Aug 29, 2022

If he is found not guilty, then no Sentence applies. That is a serious charge, worst than some felonies. He needs a competent attorney now.

1 Answer | Asked in Criminal Law, Family Law, Domestic Violence and Libel & Slander for Tennessee on
Q: My ex filed a bogus temporary protective order for “stalking” however I haven’t been served, will it just fall off?

She took our child and moved out of state for another guy. In desperate need of wanting a single bit of information or form of contact, I reached out to her family members, friends, and I emailed her as well. Yes we have exchanged mean argumentative emails however I just wanted to know the... Read more »

Cayley Turrin
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Cayley Turrin
answered on Jul 28, 2022

It won't fall off I highly suggest handling it.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: What is the penalty for writing a statement on domestic violence that isn’t true ? Misdemeanor

Could it be that they charge with a felony although it’s in general sessions court

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 20, 2022

If anything happened, then it will not be a False Report. Defendant needs a lawyer to prepare for a thorough Preliminary Hearing. That Charge is serious and no guilty plea should be entered. 95% of all criminal charges start in Sessions, and if not disposed, are sent to the Grand Jury.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: If my husband is arrested an charged twice wth domestic assault on me is he automatically ordered to stay away or do i h
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 17, 2022

Usually a Bond Condition will prohibit interaction with the alleged victim.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Can I have my gun rights restored after a domestic assault in 2020?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 14, 2022

If a Conviction, no. You should have known this prior to pleading to a crime worse than many Felonies. But check your final disposition on the Warrant/Judgment. Consult with a competent attorney, not like the one you had, and find out about legal weapons.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: If a report for domestic abuse was reported but charges were not pressed, than what happens to the offender?

And what happens to the report ? How long does it stay on file?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 19, 2022

If no Arrest Warrant nor Indictment is issued, then no criminal charge is ever made. Incident Reports for the various LEO agencies may stay on file at the department forever. The Report is not a criminal charge itself. The alleged offender is never charged with an offense.

2 Answers | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: If I don’t go to court will aggravated domestic assault be dropped? I’m the victim

I called the police to supervise while I got my stuff and left after a fight with my boyfriend. I failed to mention the part where I attacked him verbally and threw something at him. He choked me for a few seconds and there were scratch marks. I also had a black eye from his elbow. I said it had... Read more »

Cayley Turrin
PREMIUM
Cayley Turrin
answered on May 10, 2022

Once charges have been pressed it is up to the district attorney. If you are subpoenaed you need to appear in court.

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1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: Me and ex live together and both names are on the lease. We got into an argument where he pushed me so I hit him

Daughter called police and we both filed dv reports against each other, now there is a no contact order but we live together. Usually our schedules match up where we don't come in contact with each other but when I arrived home he was there and called the police saying he was there 1st so I... Read more »

Cayley Turrin
PREMIUM
Cayley Turrin
answered on May 4, 2022

That is NOT true. Hire an attorney immediately before you pick up a new charge.

1 Answer | Asked in Domestic Violence and Sexual Harassment for Tennessee on
Q: In Texas of 1992 at the tender age of 14, I was in a sexual relationship with a 20-year-old man.

In 1996 I later went on to marry him due to being pregnant with my parents consent. I also had to drop out of school. I was 17 by now.

In 2004 and 3 children, I finally got the courage to divorce him.

There is alot more to this monster.

However, before I go further, I just... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 3, 2022

No, outside of possible child support.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: the DA won’t respond to me about dropping charges, I am the victim. What do I do? I will not testify and no evidence

I am bipolar and was not in my right mind at the time of incident nor the reporting. I am now stable. The one being charged had an evaluation and does not remember the incident and has been found to have PTSD that he is working on. I will not testify and there is no evidence or witnesses. I have... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 22, 2022

This is a public forum, so do not state any more facts here. Hire an attorney to explain your legal duties and the consequences for failure. It is the State's case not yours.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: is it illegal for a victim of domestic assault to meet up with the offender then report them right after?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 21, 2022

Not illegal and happens all the time.

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