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Tennessee Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: A person (grown child) of defendant. Called 911 and had someone ( the mother) arrested for false allegations of assault.

The daughter later decides to not prosecute the defendant (her mother), but once she gets to the court to waive prosecution she is informed that the State has picked up the charge for no other reason but cruel and unusual punishment.

If this legal in general sessions court of Tennessee?

Anthony M. Avery
Anthony M. Avery answered on Dec 27, 2021

It is always the State's Case, not the victim's. The Mother may get indicted, unless she has already plead guilty. The victim will be subpoenaed to the Grand Jury. If her allegations were false, she should hire an attorney for advice.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: What can you do if arrested for domestic violence but you were the victim and will this show on my record

Didn’t want my relative going to jail and kids might have lied on her behalf scared for her to go or just plan evil and I’m a cna I can’t get a job with a assault charge showing will this show up was told it shows up now and still where I was arrested even if it was dismissed I’m really... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 21, 2021

Hire a competent attorney. You will need to work out some type of Diversion, Dismissal and Expungement. Domestic Assault is worse than some Felonies. Do not get in any more trouble. Prepare for your Preliminary Hearing now.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: What to do if I was pressured into a statement?

I was in the shower and my husband was asleep when police arrived. They said they got a call for a welfare check. They noticed I had marks on my neck( spotty from shower). They questioned me and I tried to explain but they asked to speak to my daughter who is 5 and she started talking about us... Read more »

Cayley Turrin
Cayley Turrin answered on Dec 9, 2021

I would hire an attorney immediately.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: If arrested second time for domestic assault what happens

My daughter child father was arrested for domestic assault however he still have been sneaking picking her up an it's a no contact order on him he just got arrested again for another domestic assault what will happen if he was on probation for the same thing an supposed to no contact with her

Cayley Turrin
Cayley Turrin answered on Dec 1, 2021

His probation will be violated so he will be facing the new charges plus the probation violation.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for Tennessee on
Q: Can I oppose a warrant after the plea if there are mistake made on my arrest warrants?

The supposed victim dropped all charges and I still got charged. My arrest warrants on both sets are wrong.

Anthony M. Avery
Anthony M. Avery answered on Nov 29, 2021

It is the State's Case, not the victim's. Prepare for the Preliminary Hearing as it may be a very serious charge. Hopefully it will be Dismissed in Court.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: I was recently arrested for domestic assault after pulling my boyfriends beard.

Ooooooooopooo

Anthony M. Avery
Anthony M. Avery answered on Oct 15, 2021

Hire a competent attorney to represent you. That charge is worse than many Felonies. Do not make any more statements on a public forum or to LEOs. Do not contact the alleged Victim in any manner. Hopefully it will be Dismissed or Diverted, then

Expunged.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: can my cousin he's a lawyer defend a plaintiff in a case against me?
Anthony M. Avery
Anthony M. Avery answered on Oct 13, 2021

That is not a per se ethical conflict. But if he has provided legal advice to you, then you want to ask him to recuse himself (and all information about you). I would be most worried about him using information he knows about you to collect a Judgment. The lawyer is treading on dangerous... Read more »

2 Answers | Asked in Domestic Violence for Tennessee on
Q: So I was charged with Domestic Assault in Sevierville, TN. and I am just wondering, can the charge can be expunged?

I have read in a plethora of places that in TN. they will not expunge a domestic assault charge. I just don’t want to spend unnecessary money on a lawyer if the outcome will stay the same either way. The only reason I would hire a lawyer and spend that money is if I thought they could get it... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 7, 2021

That charge is worse than many felonies. Hire a cometent attorney today and do not plead guilty under any circumstances other than Diversion. DA Convictions cannot be

expunged and are guaranteed to destroy your life.

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: TN Convicted of Domestic Assault years ago. My Fiance owns several firearms. Is it OK for her to keep them in our house?

I live in Tennessee and I pled guilty to a misdemeanor Domestic Assault about five years ago. I was forced to sign a piece of paper stating that I must surrender all of my firearms and that I would never be able to own a firearm again. My question is this: I am getting married soon and my fiance... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 3, 2021

Your future Wife does not lose her rights by marrying you. You should not touch the firearms nor ammunition, and it would be better for her to have a safe for most of it. I suspect she carries one or more firearms. I am sorry that you got talked into pleading to a crime worse than many... Read more »

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Does watching someone’s social media “stories” violate a restraining order?

I have a restraint order against an ex. He doesn’t contact me directly, but he frequently watches my stories on social media. Is that in violation of the order? It shows me that he watches every single one.

Anthony M. Avery
Anthony M. Avery answered on Aug 20, 2021

No. Once you transmit data into the air anyone can access it.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Tennessee on
Q: If I move my daughter and I out of fear for our safety when her dad has not established paternity, is there a way

For him to file for joint custody? He is currently in jail due to an FTA and we go to court next week for an order of protection. He is on probation for a domestic abuse charge that happened last October

Denania Galloway
Denania Galloway answered on Aug 18, 2021

Yes you can definitely move. In TN, there is a presumption that a child born out of wedlock is the mother's unless paternity has been established. However, he can file something in Juvenile Court seeking paternity. To provide a better individualized response to your daughter's... Read more »

1 Answer | Asked in Divorce, Child Custody and Domestic Violence for Tennessee on
Q: Husband put vehicles in only his name vehicle is in shop can the shop not give it to Me

He is in jail and has told them not to let me get it. Even though its mine! Bought while we were married too.

Anthony M. Avery
Anthony M. Avery answered on Aug 16, 2021

If the vehicle is titled in the Husband's name, then it is his property not yours. No Homestead nor Next of Kin situation applies here.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: The domestic assault was caught on the ring cam if i dont want to show up for court will change be dropped

I was told by the officer he will be detained for 12 hours and then release

William Jaksa
William Jaksa answered on Aug 9, 2021

Very jurisdiction has its own rules/protocols on how to proceed with domestics violence allegations with reluctant victims. The prosecutor would want to be sure that you were not being threatened or pressured not to show up for court; and they will likely try and determine if they can make the... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: What happens when you go to court as the victim of domestic aggravated assault (strangulation)? Is it pended to a trial?
Cayley Turrin
Cayley Turrin answered on Aug 2, 2021

The district attorney's office will talk with you. Sometimes victims will prefer hiring their own attorney to represent their view and what they would like to do as well.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Friend is being charged by the state for domestic assault after the cops have been called twice to the same house.

A friend is being charged for domestic assault for cops showing up at a house twice when she wasn't there by the state.

She has an arrest warrant and is being threatened by her parents that if she doesn't turn herself in, her stepfather won't drop the charges after she is in... Read more »

Denania Galloway
Denania Galloway answered on Jul 21, 2021

This would be a criminal law issue. However, the friend should definitely turn herself in. Also, have friend to get in contact with a bail bondsmen.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: I have been subpoenaed in Tennessee as a witness to a DV hearing via mail. What happens if I don't show?

x.

Anthony M. Avery
Anthony M. Avery answered on Jul 7, 2021

This is a public forum. Consult with an attorney where you are.

1 Answer | Asked in Domestic Violence, Criminal Law and Sexual Harassment for Tennessee on
Q: If somebody knows daughter get molested multiple times and hasn’t done anything what can victim’s mother be charged with

Her mother has known about the interactions and has done nothing she invites older men over She put drugs in her daughters mouth she takes naked pictures of her daughter and she hasn’t done anything about her daughter get molested

Bennett James Wills
Bennett James Wills answered on Jun 3, 2021

The mother could be charged with multiple crimes. Reporting abuse can be anonymous and should be reported to the Tennessee Department of Children's Services immediately at 877-237-0004. https://www.tn.gov/dcs/program-areas/child-safety/reporting/hotline-faq.html

1 Answer | Asked in Domestic Violence for Tennessee on
Q: My ex took out a restraining order against me and perjured my address so I wouldnt be in court on the date.

I wasnt in court so I dont know what happened. I was never served. I texted her and I hear she filed for a violation of the order against me. What do I do? This isnt fair if its true.

Anthony M. Avery
Anthony M. Avery answered on May 17, 2021

Hire an attorney. He can look at the file, then file a Response and request a Hearing. By yourself you will be arrested and will not be able to effectively represent yourself.

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