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?
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.
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 »
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.
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 »
I would hire an attorney immediately.
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
His probation will be violated so he will be facing the new charges plus the probation violation.
The supposed victim dropped all charges and I still got charged. My arrest warrants on both sets are wrong.
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.
Yes.
Ooooooooopooo
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.
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 »
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 »
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.
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 »
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 »
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.
No. Once you transmit data into the air anyone can access it.
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
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 »
He is in jail and has told them not to let me get it. Even though its mine! Bought while we were married too.
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.
I was told by the officer he will be detained for 12 hours and then release
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 »
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.
Obviously not.
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 »
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.
x.
This is a public forum. Consult with an attorney where you are.
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
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
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.
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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