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Tennessee Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Tennessee on
Q: If my husband is arrested an charged twice wth domestic assault on me is he automatically ordered to stay away or do i h
Anthony M. Avery
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Anthony M. Avery
answered on Jun 17, 2022

Usually a Bond Condition will prohibit interaction with the alleged victim.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Can I have my gun rights restored after a domestic assault in 2020?
Anthony M. Avery
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Anthony M. Avery
answered on Jun 14, 2022

If a Conviction, no. You should have known this prior to pleading to a crime worse than many Felonies. But check your final disposition on the Warrant/Judgment. Consult with a competent attorney, not like the one you had, and find out about legal weapons.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: If a report for domestic abuse was reported but charges were not pressed, than what happens to the offender?

And what happens to the report ? How long does it stay on file?

Anthony M. Avery
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Anthony M. Avery
answered on May 19, 2022

If no Arrest Warrant nor Indictment is issued, then no criminal charge is ever made. Incident Reports for the various LEO agencies may stay on file at the department forever. The Report is not a criminal charge itself. The alleged offender is never charged with an offense.

2 Answers | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: If I don’t go to court will aggravated domestic assault be dropped? I’m the victim

I called the police to supervise while I got my stuff and left after a fight with my boyfriend. I failed to mention the part where I attacked him verbally and threw something at him. He choked me for a few seconds and there were scratch marks. I also had a black eye from his elbow. I said it had... Read more »

Cayley Turrin
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Cayley Turrin
answered on May 10, 2022

Once charges have been pressed it is up to the district attorney. If you are subpoenaed you need to appear in court.

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1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: Me and ex live together and both names are on the lease. We got into an argument where he pushed me so I hit him

Daughter called police and we both filed dv reports against each other, now there is a no contact order but we live together. Usually our schedules match up where we don't come in contact with each other but when I arrived home he was there and called the police saying he was there 1st so I... Read more »

Cayley Turrin
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Cayley Turrin
answered on May 4, 2022

That is NOT true. Hire an attorney immediately before you pick up a new charge.

1 Answer | Asked in Domestic Violence and Sexual Harassment for Tennessee on
Q: In Texas of 1992 at the tender age of 14, I was in a sexual relationship with a 20-year-old man.

In 1996 I later went on to marry him due to being pregnant with my parents consent. I also had to drop out of school. I was 17 by now.

In 2004 and 3 children, I finally got the courage to divorce him.

There is alot more to this monster.

However, before I go further, I just... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Apr 3, 2022

No, outside of possible child support.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: the DA won’t respond to me about dropping charges, I am the victim. What do I do? I will not testify and no evidence

I am bipolar and was not in my right mind at the time of incident nor the reporting. I am now stable. The one being charged had an evaluation and does not remember the incident and has been found to have PTSD that he is working on. I will not testify and there is no evidence or witnesses. I have... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Mar 22, 2022

This is a public forum, so do not state any more facts here. Hire an attorney to explain your legal duties and the consequences for failure. It is the State's case not yours.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: is it illegal for a victim of domestic assault to meet up with the offender then report them right after?
Anthony M. Avery
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Anthony M. Avery
answered on Mar 21, 2022

Not illegal and happens all the time.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: What's the difference between kidnapping and aggravated kidnapping and especially aggravated kidnapping
Anthony M. Avery
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Anthony M. Avery
answered on Mar 14, 2022

Many years of incarceration commensurate with the differences in C and A Felonies.

2 Answers | Asked in Domestic Violence for Tennessee on
Q: Under 39-13-111 is this considered a domestic assault? See details.

You have a husband and wife named Jon and Jane, and a boyfriend and girlfriend named Jack and Jill. Jon was previously married to Jill and they have one child together. Jon and Jack do not know each other except through Jill. Jon and Jack assault one another. Is that domestic assault? If so, how?... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Mar 11, 2022

It should be charged as Assault or Aggravated Assault. But very often LEO's want to charge for the most serious misdemeanor there is, Domestic Assault. Anyone charged with that should demand a Preliminary Hearing, and if bound over, start looking for Diversion.

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1 Answer | Asked in Domestic Violence for Tennessee on
Q: What do I do if I have a warrant for domestic violence against me instead of my brother! Me him and my dad same name
Anthony M. Avery
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Anthony M. Avery
answered on Mar 2, 2022

That is a very serious crime, and should be so defended against. Hire a competent attorney to turn you in in Court, and announce the name similarities. They will want to see and locate Dad and

Brother.

1 Answer | Asked in Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: If a domestic assault case the state picked up postpones a trial 3 times, will it be thrown out?

The state of TN picked up a domestic abuse case on him, regardless of my own testimony redeeming him innocent during our public verbal dispute in our residential

Community. Despite the initial arraignment, the trial has been put off twice now because of me not being sepenaed to go. Numerous... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Mar 2, 2022

You need to hire an attorney to tell you what the consequences are. This is a public forum, and it is always the State's case, not the victim's.

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
PREMIUM
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
PREMIUM
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
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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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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 »

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