Tennessee Domestic Violence Questions & Answers
Q: What can you do when someone makes false domestic violence reports to police?
1 Answer
| Asked
in
Criminal Law, Domestic Violence and Family Law
for
Tennessee
on
Answered on Feb 4, 2019
Answered on Feb 4, 2019
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...
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...
Q: Codes and regulations writ of possession of personal.property in Tn
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.
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.
Q: How much does a lawyer cost for aggravated domestic assault charges?
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...
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...
Q: What can/should I do if my wife took our two children and left the state, and won't let me have any contact. Options?
1 Answer
| Asked
in
Divorce, Family Law, Child Custody and Domestic Violence
for
Tennessee
on
Answered on Jan 17, 2019
Answered on Jan 17, 2019
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...
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...
Q: My gf has a top on me but harassing me at work.after owner ban from establishment already. But has now snuck in went
Cayley Turrin's answer
I would suggest contacting an attorney to be with you at your order of protection hearing as it sounds like she could manipulate the situation.
I would suggest contacting an attorney to be with you at your order of protection hearing as it sounds like she could manipulate the situation.
Q: My ex gave me our dog when we split. Now she is claiming she will have a warrant issued for theft if I don’t return him.
1 Answer
| Asked
in
Animal / Dog Law, Civil Litigation and Domestic Violence
for
Tennessee
on
Answered on Dec 21, 2018
Answered on Dec 21, 2018
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.
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.
Q: I am the respondent to an order of protection hearing coming up in Tennessee. Are questions allowed between the parties?
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...
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...
Q: I was charged with a domestic charge and pleads out to probation then found out she was charged with filling false repor
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.
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.
Q: My mom's boyfriend threatens to physically assualt me
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.
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.
Q: Would I get In trouble if i took my kids over state lines trying to run away from my abusive husband? No court papers
1 Answer
| Asked
in
Domestic Violence, Family Law and Child Custody
for
Tennessee
on
Answered on Oct 24, 2018
Answered on Oct 24, 2018
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.
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.
Q: My husband was charged with Aggravated Domestic Assault. I do not want to press charges. What can I do?
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.
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.
Q: I had court this morning on a order of protection which was violated. He did not show What is contempt of court mean
Mr. Kent Thomas Jones Esq.'s answer
Well, if he did not show, then techincally, he is in contempt of court. You need to have your attorney file a Motion for Contempt to place him in jail.
Well, if he did not show, then techincally, he is in contempt of court. You need to have your attorney file a Motion for Contempt to place him in jail.
Q: For a felony, how does a “pauper” get a lawyer? And is the public defender the same as getting a “pauper’s” attorney ?
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.
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.
Q: I filed a domestic violence report & they arrested him, he has no bond yet is it possible to drop charges?
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.
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.
Q: Domestic violence and citizenship
Carl Shusterman's answer
You need to order the record from the court and show it to an immigration lawyer before you file an application for naturalization.
You need to order the record from the court and show it to an immigration lawyer before you file an application for naturalization.
Q: I am married with two children, can I move from Tennessee back to Missouri with my children?
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.
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.
Q: Domestic violence effect citizenship
2 Answers
| Asked
in
Domestic Violence, Immigration Law and Criminal Law
for
Tennessee
on
Answered on Jun 17, 2018
Answered on Jun 17, 2018
Carl Shusterman's answer
A criminal conviction for domestic violation is a deportation offense. Show your documents to an experienced immigration attorney before you apply for citizenship.
A criminal conviction for domestic violation is a deportation offense. Show your documents to an experienced immigration attorney before you apply for citizenship.
Q: Will dhr give me my child back after I've completed my court ordered classes? My next court date is in 6 months.
1 Answer
| Asked
in
Family Law, Child Custody and Domestic Violence
for
Tennessee
on
Answered on May 23, 2018
Answered on May 23, 2018
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.
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.
Q: My dad got in my face and i asked him 3 times to get out of my face. Now he wants to press charges what will happen?
Don Himmelberg's answer
Talk to a criminal defense attorney about your side of the story. If all you did was ask him to stop harassing you, I'm not sure what charges could be filed, but if something else happened you'll want representation. A lawyer will be able to gather evidence, police reports, and interview witnesses.
Talk to a criminal defense attorney about your side of the story. If all you did was ask him to stop harassing you, I'm not sure what charges could be filed, but if something else happened you'll want representation. A lawyer will be able to gather evidence, police reports, and interview witnesses.
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