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Tennessee Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence, Criminal Law and Constitutional Law for Tennessee on
Q: I was charged with domestic violence, pled guilty to simple assault. I was not informed that my gun rights were going to

Be taken. Is there any way to get them back in tn.

Anthony M. Avery
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answered on Jun 21, 2024

Misdemeanor Assault does not create a firearm disability, but Domestic Assault does. You need to get a certified copy of the Arrest Warrant/Judgment with the final disposition on it. Consult with a competent attorney. If non-domestic assault was the Judgment, then you will need to start using... View More

1 Answer | Asked in Child Custody, Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: I'm wanting to know what makes my ex immune from any domestic violence paperwork that I have taken out?

He knocked my tooth out, knowingly, intentionally,and purposely burned me with a cigarette and then kidnapped my children, which I should have had all custody rights to because we were not married and I have been trying to get my children back ever since, this man has stolen 400$ off my bank card,... View More

James L. Arrasmith
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answered on Jun 10, 2024

I'm really sorry to hear about the situation you're facing. No one should be immune from the consequences of domestic violence, and your ex should be held accountable for his actions. If you have already taken out domestic violence paperwork, such as a restraining order, and it has not... View More

1 Answer | Asked in Domestic Violence for Tennessee on
Q: If I am the victim but did not press charges the state did . Do I still have to answer the interrogatories questions?
Anthony M. Avery
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answered on Jun 7, 2024

Something is not right. Either you took out an OP, a civil action, or the State charged Defendant with Domestic Assault., a crime. Written Interrogatories are in civil actions, not criminal prosecutions. It sounds like you filed an Order of Protection and now you have to put on proof.... View More

2 Answers | Asked in Domestic Violence and Immigration Law for Tennessee on
Q: Does my 18-year old child need to file form i-360, in order to submit her adjustment of status package (1-485 & i-765)?

I am at the verge of filing a VAWA petition, based on repeated abuse suffered from my USC spouse. I intend to include my child (18-year old, single and lives in the U.S) as a derivative applicant on my i-360 petition, to enable him file both form i-485 and i-765 concurrently. Since I will be filing... View More

James L. Arrasmith
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answered on Apr 6, 2024

Based on the information you provided, if you are filing a VAWA (Violence Against Women Act) self-petition using Form I-360 as the abused spouse of a U.S. citizen, your 18-year-old child does not need to file a separate I-360 petition. As the principal applicant, you can include your child as a... View More

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2 Answers | Asked in Domestic Violence and Immigration Law for Tennessee on
Q: Does my 18-year old child need to file form i-360, in order to submit her adjustment of status package (1-485 & i-765)?

I am at the verge of filing a VAWA petition, based on repeated abuse suffered from my USC spouse. I intend to include my child (18-year old, single and lives in the U.S) as a derivative applicant on my i-360 petition, to enable him file both form i-485 and i-765 concurrently. Since I will be filing... View More

Ghenadie Rusu
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answered on Apr 6, 2024

The USCIS allow for the children of a principal applicant filing under VAWA to be included as derivative beneficiaries if they are unmarried and under 21 years of age. Therefore, your 18-year-old child can be included on your I-360 petition as a derivative beneficiary. No additional I-360 on his... View More

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1 Answer | Asked in Domestic Violence and Immigration Law for Tennessee on
Q: Can my child file forms i-485 & i-765 if she is a derivative on a VAWA petition that I am about to file.

I am desirous of including my child (18 years old, he lives in the United States) as a derivative of my VAWA petition due to abuse from my USC spouse. I will be filing concurrently forms i-765 and i-485 along with the form i-360. Can my child also file forms i-765 and i-485 concurrently as well,... View More

James L. Arrasmith
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answered on Mar 28, 2024

Yes, your child can indeed file forms I-485 (Application to Register Permanent Residence or Adjust Status) and I-765 (Application for Employment Authorization) as a derivative beneficiary of your Violence Against Women Act (VAWA) petition. When you file your Form I-360 (Petition for Amerasian,... View More

2 Answers | Asked in Domestic Violence and Criminal Law for Tennessee on
Q: My ex was arrested for domestic assault and called me from jail for 2 days after judge gave order of protection.

She was charged with violating said order by calling me from jail. What is the punishment for this.

Anthony M. Avery
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answered on Mar 12, 2024

Apparently you are the victim, which she was not supposed to contact. You should have known that and should have hung up. Now she has probably violated bond conditions and could easily remain in jail pending trial. I recommend she get an attorney, and both of you keep quiet. Her lawyer can... View More

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1 Answer | Asked in Domestic Violence, Federal Crimes, Libel & Slander and Personal Injury for Tennessee on
Q: I have concerns about my partner being swatted by his now ex wife. False claims of violence lead to felony charges.

Wilson county police and swat responses to a woman who claimed she was punched in the face and had a chair smashed into her face. When police arrived there were no injuries. The swat team was used to apprehend the person the woman claimed inflicted the injuries when the individual asked if the... View More

James L. Arrasmith
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answered on Feb 25, 2024

It's deeply concerning to hear about your partner's situation, especially with the severity of the accusations and the involvement of SWAT based on false claims. False accusations, particularly those leading to a wrongful conviction, are serious matters that can have long-lasting impacts... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: I was recently arrested with a domestic violence and false imprisonment against my ex I found out he was cheating on me

So I lost it this is my second domestic violence case and I just wanna know what’s my next step he abusive too but I just never called the police

Anthony M. Avery
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answered on Jan 18, 2024

Those are serious charges. Hire an attorney now to prepare for a Preliminary Hearing. Trial may be necessary. You could be incarcerated. This is a public forum, so do not post anything else about it here or anywhere else. Do not talk about it and try to assemble witnesses. Work and stay... View More

2 Answers | Asked in Domestic Violence for Tennessee on
Q: Is a no contact order mean you have to stay away from the other person
Todd B. Kotler
Todd B. Kotler
answered on Jan 17, 2024

Yes, that's exactly what it means. Do not contact the other person, whether it's through text, e-mail, or phone, or even another person. As my colleague stated depending on the wording of the order and or jurisdiction it could lead either to contempt of court or even a separate charge.... View More

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2 Answers | Asked in Domestic Violence for Tennessee on
Q: Is a no contact order mean you have to stay away from the other person
T. Augustus Claus
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answered on Jan 16, 2024

Yes, a no-contact order typically means that the individual to whom the order is directed must refrain from any form of contact with the protected person. This includes physical contact, communication through various means such as phone calls, texts, emails, and even indirect contact through third... View More

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1 Answer | Asked in Domestic Violence and Family Law for Tennessee on
Q: What kinds of documents or proof do I need to prove I’m in fear of my child’s father abusing him?

I have a temporary OP and need to know what I need to have with me at court to get the permanent OP granted. My son’s father is extremely abusive towards women and has been for 15+ years. I didn’t think he would abuse my son until he came home the other day from his house and went to school and... View More

Todd B. Kotler
Todd B. Kotler
answered on Dec 18, 2023

Given these facts, you should get your child into counseling. Unfortunately, it is unlikely you would be able to get the counselor to testify regarding his or her notes, given the short period between getting a temporary protection order and a full hearing on the merits. School records, previous... View More

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: Can I be charged with unlawful possession if I’m at my girl friend house and she has guns? We have different address

We have different addresses and she wrote a statement and got on the stand testified she lied on me but they still charging me for something I didn’t do. I even have photo evidence she had a gun pointed at my face. I need help immediately please.

James L. Arrasmith
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answered on Dec 12, 2023

In Tennessee, being charged with unlawful possession of a firearm depends on several factors, including your specific circumstances and legal status. Merely being in a house where guns are present does not automatically make you guilty of unlawful possession. However, if there are certain... View More

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1 Answer | Asked in Real Estate Law, Domestic Violence and Contracts for Tennessee on
Q: Can I get back down payment on a house I bought with a partner that started psychically abusing me?

(typo: *physically abusing me) I moved out a few months ago and we used a quitclaim deed to get me off the title, but I am still on the mortgage and they threatened to sue me for missed payments since I agreed to pay until the end of this year. I agreed at first out of fear but now I want to know... View More

Anthony M. Avery
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answered on Nov 9, 2023

Physical attack by another tenant is not a release from financial obligation on a note secured by a deed of trust. CH 7 Bankruptcy might be an option. Why did you give a deed without payment therefor? Usually the lender will foreclose on the home first, then possibly come after the... View More

2 Answers | Asked in Domestic Violence and Criminal Law for Tennessee on
Q: Can I bound over a misdemeanor domestic assault charge over to the grand jury in tn
Anthony M. Avery
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answered on Oct 5, 2023

You do not want the DA to bind it over to the Grand Jury. DA is worst than some felonies. Hire a competent attorney and prepare for the Preliminary Hearing. Possibly try to divert, dismiss and expunge the charge. This is a very serious charge which will hurt you permanently.

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1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: What is a normal bond rate to be set for someone who is charged with aggravated assault with a deadly weapon?

The shooter was being violently attacked by their husband.

Anthony M. Avery
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answered on Aug 18, 2023

Courts in different Counties set very different Bonds. Coffee County, in my experience, would generally set Bond about $25K to $50+K for such an offense. If the victim was wounded, it would be much higher, probably three to five times higher.

2 Answers | Asked in Criminal Law, Domestic Violence, Internet Law and Libel & Slander for Tennessee on
Q: Is it possible to have an abusive ex boyfriend's name removed from the deed to the home we both own?

I fled the relationship almost 4 years ago. I was followed, though. I was too afraid to live alone. Thankfully, i had many friends who offered me a safe place. Safe until my ex discovered where I was staying. Once he knew, he terrorized my friends until either I left, or was asked to leave. If my... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 16, 2023

It is possible. It is not easy or inexpensive but it is possible and may result in a sale of the property. In Ohio it is a remedy called partition. Partition cases in Tennessee refer to legal proceedings which allow joint owners of real estate to divide their interests in the property. In other... View More

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1 Answer | Asked in Criminal Law, DUI / DWI, Family Law and Domestic Violence for Tennessee on
Q: Please describe what happens when charges are bound over to the grand jury.

My husband has been convicted of domestic violence and is serving 11 months and 29 days after failing to comply with an agreement he made with the court. The charges had been set in abeyance awaiting completion of the agreement. He chose not to complete the agreement. The judge has now sentenced... View More

Anthony M. Avery
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answered on Jun 8, 2023

If the Judge ordered a Sentence then there was a Conviction, and it was a Misdemeanor at General Sessions Court which was not bound over. Apparently he has one or more charges that were initiated by an Arrest Warrant at Sessions which were not disposed of, that is no conviction nor dismissal. DA... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Tennessee on
Q: If you have a warrant against you for domestic violence but the police don't serve it what recourse do you have
Anthony M. Avery
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answered on Apr 11, 2023

How do you know an Arrest Warrant has been issued? It may take awhile for LEOs to execute it. Try to stay out of trouble, especially traffic stops. Do not talk about it. Might be time for a new phone number. Have money available for bail and pick out a lawyer to represent you for... View More

1 Answer | Asked in Domestic Violence, Appeals / Appellate Law and Constitutional Law for Tennessee on
Q: How do i get my right to own a firearm back with an old (2017) misdemeanor domestic charge. For personal & home defense

Old charge from 2017. No weapons involved were involved at all. No other relating charges. Long since separated from significant other (at time). I now live alone and have my daughters off\on. I want to own one for personal and home defense because of this.

James L. Arrasmith
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answered on Mar 2, 2023

The process to restore your right to own a firearm after a domestic violence conviction varies depending on the state you reside in. Generally, if you have a domestic violence misdemeanor conviction, you are prohibited from possessing a firearm under federal law. However, some states have... View More

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