Lawyers, Answer Questions  & Get Points Log In
Tennessee Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Tennessee on
Q: What are court costs and fees for domestic violence in Tennessee
Shanone Emmack
Shanone Emmack answered on Mar 21, 2020

They vary depend on how many times the case has been reset or people have been subpoenaed. You can call the clerk office and they will be happy to tell you the costs.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Can you travel out of state after being charged with domestic violence in Tennessee?

This would be several hundred miles out of state. Not like Southaven or Olive Branch from Memphis.

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Mar 20, 2020

You need to check your bail conditions. That issue should be addressed.

2 Answers | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: I was charged with domestic assault-misdeamnor B (contact that was provactive and offensive). He didn't press charges.

This occurred in my office where I needed to restrain my brother who is not well mentally and has been going through a very difficult time over the last 3 years (divorce, loss of kids, loss of job, depression, recovering addict, self medicating, anger issues, etc..). I was worries about him... Read more »

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Mar 3, 2020

No one can tell you what your brother will testify to at trial. If he is under subpoena, he has to show up. I assume there is a stay away order of some kind. Your best option is to retain counsel. That person can talk with your brother and give you a better idea of the outcome of your case.

View More Answers

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Domestic Assult case-TN

My boyfriend has a pending domestic assault case with me (Minor bruise to the arm). Part of his bond was that he was to have no contact with me. We got back together and he moved into my house while this was pending and we got into a fight that resulted in a bruise on my arm and him spitting on my... Read more »

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Feb 28, 2020

Yes, the Attorney General can prosecute whether you want or not. This happens all the time. The best thing you can do is to not contact him, talk with his attorney and be prepared to testify.

3 Answers | Asked in Domestic Violence for Tennessee on
Q: My ex boyfriend was charged with domestic abuse aggravated assault but I did not press charges do I have to go to court

I asked the cops to assist me in obtaining my possessions because my ex boyfriend refused to give them to me after an argument and he ended up leaving a bruise on my arm. I told 3 deputies I did not want charges pressed and I never did a statement or signed anything. They assisted me with getting... Read more »

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Feb 21, 2020

The state can decide to charge him whether or not you want to have him charged. If you are served with a summons, then yes you have to go to court. Although in my experience, if the victim refuses to show up at court, the court issue a bench warrant. However, it is very possible that the court... Read more »

View More Answers

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Where can I go and dropped the charges against someone?

In the “victim” in a case of domestic violence that’s what they say but I know is not I’m not a victim and someone innocent is in jail right now

Anthony M. Avery
Anthony M. Avery answered on Feb 19, 2020

It is the State' s Case not yours. The Defendant needs a competent attorney now to prepare for a Preliminary Hearing. He should not plead guilty to Domestic Assault under any circumstances. Unless you are subpoenaed there is no order for you to appear.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Me and my son have an order of protection against my childs father. Would he get visitation?
Paul E. Tennison
Paul E. Tennison answered on Feb 11, 2020

There may be more facts that would change this analysis. However, if a child has an Order of Protection (OOP) against anyone, that OOP would trump any previous Court ordered parenting plan. The person with a valid OOP against him cannot exercise visitation with the protected child. The OOP should... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: I was found guilty of criminal contempt for violating an ex parte order of protection. Can it be expunged?

On the court website the charge shows as violation of a protection order, but it should have been criminal contempt. I know violating a order of protection is not expungeable, but I don’t know if criminal contempt is expungeable. I’m not sure if I should be worried that the charge may have been... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Feb 7, 2020

Generally speaking, in the State of Tennessee, anything that shows you are guilty will stay on your record forever. A plea bargain is an admission of guilt. If it was a first time offence, then you may be eligible for diversion. If you get that, then you will have a suspended sentence for one... Read more »

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Got convicted for dv in Nashville tn. My public defender lied to me and told me after 7 yrs I could get gun rights bacK

Now I found out I can’t is there anything I can do to get them back

Anthony M. Avery
Anthony M. Avery answered on Feb 4, 2020

It depends on how long ago you pled guilty. Noone should ever plead guilty to Domestic Violence anywhere. Attacking your plea is probably futile, but you might try it. Maybe Diversion is still an option if the plea is withdrawn. Also within a year, you might try an ineffective assistance of... Read more »

1 Answer | Asked in Domestic Violence, Divorce, Family Law and Child Custody for Tennessee on
Q: I had a order of protection on my husband due to domestic violence. That has since expired and he’s off probation and

completed his classes. He got the kids out of state unsupervised twice since all that was finished but during the order they were supervised. But now my legal aide attorney said to withhold the children until she reviews some case files to determine whether unsupervised should continue or if going... Read more »

Bob G Huddleston Jr.
Bob G Huddleston Jr. answered on Feb 1, 2020

Violating a court order opens you up to potential criminal and civil contempt.

I would advise you to speak to your legal aid attorney about those risks so you can make a fully informed decision about whether to possibly risk 1) you going to jail for contempt of court, and 2) a court order...
Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: My boyfriend was recently charged with domestic assault, which he did assault me. Tbe state took over the case.

I received a letter from my attorney who handle such cases. My question is do I need to be at the first court date, since the state took it over? I havent been subpoenaed, just the letter from my lawyer stating she wousl be representing me. He's going to plead not guilty anyway, so theyll just... Read more »

Shanone Emmack
Shanone Emmack answered on Jan 31, 2020

If you are required to be present you should receive a subpoena. You are the victim witness in your domestic assault case therefore, the District Attorney will want to talk to you/your attorney before deciding whether to dismiss or move forward in prosecuting the case.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: I was placed on probation for 8 years. My crime was aggravated domestic assault

Since then the order of no contact was lifted and signed by Judge Vance. I have completed my ordered classes, paid off my fines and court costs. I still reside with the "victim".

I am at the halfway mark in terms of my probation.

How can I go about filing a motion for termination... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 21, 2020

You can file a Motion to Modify your Sentence to Unsupervised Probation for the remainder. You need all costs paid perfectly, and the PO or DA can oppose it if they want. These Motions are usually granted if not immediately, then later. I recommend you have a competent attorney file it and... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: My boyfriend was arrested for domestic violence against me i want to drop charges can i if so how i think the state

Pressed The charges originally but if im the victim cant i have them dropped

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jan 14, 2020

You can drop the charges all you want to; however, the State will still think there is or was a case. It could take you 3 to 4 court cases to completely get them dropped if you back off. Don't file charges if you don't mean them.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: 1st offense DA, no bond, serving 62 days until court, 35 days served already. Why

I'm an the victim, who's not pressing charges.

Anthony M. Avery
Anthony M. Avery answered on Jan 4, 2020

I assume DA is Domestic Assault, which is serious and worse than some felonies. You need a competent attorney immediately. Ask for a Bond or even Release on your own Recognizance, as you have spent way too much time in jail already. Also, and most important, demand a Preliminary Hearing. If... Read more »

1 Answer | Asked in Domestic Violence for Tennessee on
Q: My husband got into a argument with his niece she hit him and he slapped her then her husband started fighting with him

The police was called by his mom just to get them to stop fighting but they arrested my husband on domestic assault is there anything we can do or can his niece and nephew have the charges dropped I am terminally ill and he is my caretaker he was defending his mom because his niece was screaming... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 27, 2019

The Husband needs to hire a competent attorney today. Under no circumstances (except some type of diversion) should he plead guilty to Domestic Assault. That Misdemeanor is worse than many Felonies, and will destroy his life. He also should not talk to the Niece. The Mother needs to get her... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: My boyfriend has one prior arrest for DV against me but it was dropped....

1st time he was arrested, I called the police to diffuse the situation and they ended up arresting him. I didn't show up for the court date and they dropped it. We got into another altercation, he left the house and then called the officers to do a welfare check on me, telling them that I was... Read more »

William Jaksa
William Jaksa answered on Dec 10, 2019

Every prosecutor's office has its own specific policies when it comes to handling cases such as this.

You only need to attend court IF you are subpoenaed. Without being served a subpoena there is no legal requirement for you to attend. It's, in my opinion, bad form on the prosecution to...
Read more »

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Who pays court/legal fees in an order of protection hearing?

I am the respondent, the petitioner falsified everything that was used to request this order and I can prove it. I noticed one of the items she is asking from the hearing is that I pay all legal fees and taxes. If I win and no order of protection is granted, will I still need to pay the fees?

Paul E. Tennison
Paul E. Tennison answered on Dec 10, 2019

Tennessee has a statute where if an order of protection is granted, the respondent is required to pay the legal fees of the petitioning party. This likely means if she is successful in securing the order of protection against you, that you would be responsible for her legal fees. If you have proof... Read more »

1 Answer | Asked in Domestic Violence for Tennessee on
Q: My fiance got arrested for domestic violence First time offense and clean record with no run in with law. whats next

its his first time domestic violence. He didnt hurt ne or bruises but the sheriff thought he did. He has a clean record and no run in with the law. He just accidentally slapped my left arm. what will happen?

Anthony M. Avery
Anthony M. Avery answered on Dec 5, 2019

Do not plead guilty to Domestic Assault under any circumstances unless there is Diversion. If you have to, try it.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Me and my boyfriend got into it and things got out of hand and I charged him with domestic assault

It was all a misunderstanding and I wanna drop the charges how do I go about with that I wanna get him help I really love him

William Jaksa
William Jaksa answered on Sep 5, 2019

It's difficult to have a domestic violence matter simply dropped. For a whole host of public interest reasons, most Prosecutors want these cases dealt with in court and in front of a Judge. But, if you had lied or there was a misunderstanding there may be grounds upon which to have the matter... Read more »

1 Answer | Asked in Domestic Violence for Tennessee on
Q: I have a former partner who contacts friends and family members and spreads lies and falsehoods to create problems
William Jaksa
William Jaksa answered on Sep 3, 2019

Sounds like a petty person that needs time to move on. You can contact the police, they might call him and ask him to stop, but there is not much they can do. You can get a restraining order to prevent him from contact you, but the problem seems that they are contacting others. You can engage a... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.