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 »
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.
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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.
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 »
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 »
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 »
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 »
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?
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 »
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?
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 »
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 »
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