Cynthia A. Sherwood's answer 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.
Mr. Kent Thomas Jones Esq.'s answer 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 pictures if possible. If you go to court without an attorney and he or she shows up to prosecute, then it will be difficult to dig yourself out of the situation, especially if you have a criminal record...
Anthony Marvin Avery's answer 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 problems. A Bond may be required by the Judge before he issues it, and the Sheriff may request your assistance in identifying the property to be seized.
Anthony Marvin Avery's answer 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 paperwork must be produced, and you may have to try it. Do not plead guilty to domestic assault. If you have to try it, it is usually worth the risk and then you may Appeal. Appeals costs several...
Leonard Robert Grefseng's answer 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 children ( that would make you like her- using the children to try an d hurt the parent). Anyone who odes this could be found unfit to be the primary residential parent ( Tennessee no longer uses the word...
Anthony Marvin Avery's answer 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.
Whatever you do, do not have an argument with her or she will put you in Jail for alot worse than the ridiculous Theft of a Dog.
Leonard Robert Grefseng's answer 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 subject to cross-examination.
If you are representing yourself, you are still required to comply with the rules of evidence. I strongly encourage you to consult an experienced lawyer for advice on...
Anthony Marvin Avery's answer 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.
Leonard Robert Grefseng's answer 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 him knowing he is being recorded.
Leonard Robert Grefseng's answer 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 divorce, asap.
Anthony Marvin Avery's answer 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.
Mr. Kent Thomas Jones Esq.'s answer 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 of attorneys that will serve if appointed.
Mr. Kent Thomas Jones Esq.'s answer 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.
Bennett James Wills' answer To move out of state the law requires that you provide notice and other procedures. See TCA 36-6-108. But without knowing more about your situation other laws and factors may be at issue. Consult local counsel.
Kimberly K. Schreiber's answer Unfortunately, the answer is "it depends." Court schedules, attorney schedules, testimony, continuances, it could be more than 6 months and even then you might not get complete custody returned to you. You need a good lawyer that is in juvenile court all the time. Someone who will push for speedy hearings and advocate for you.
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