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Tennessee Domestic Violence Questions & Answers
3 Answers | Asked in Divorce, Child Custody, Domestic Violence and Family Law for Tennessee on
Q: How can I pursue divorce and seek custody or visitation rights for my child after a domestic violence incident?

I am dealing with a situation where my wife, who has a serious mental illness and refuses therapy, left last year with our child and cut off communication in April. A domestic violence report was filed in Alabama when she knocked me unconscious. I've contacted her mother, who described our... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Jun 10, 2025

I am a Tennessee lawyer. For there to be jurisdiction in the State of Tennessee for a divorce, you must have lived with your spouse for the last 6 months in a county in Tennessee before you seperated. You need to consult with a divorce attorney in that county. You can file a Complaint for... View More

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1 Answer | Asked in Domestic Violence for Tennessee on
Q: How can I help with getting domestic violence charges dropped as the victim

My boyfriend and I got into a physical argument, he broke down the bathroom door and I bruised his shoulder. I contacted the police because I wanted the situation to be deescalated, we have never gotten into anything like this before. Obviously, he got charged with DV. We have a 2 month old at home... View More

Anthony M. Avery
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answered on Aug 13, 2024

DA is worse than some felonies, especially in Knox Co. Boyfriend needs an attorney. He should not plead guilty to DA under any circumstances except there is Diversion, Dismissal and Expungement. Period...

2 Answers | 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

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2 Answers | 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.

James L. Arrasmith
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answered on Jul 21, 2024

In Tennessee, restoring your gun rights after a conviction for simple assault, which may be classified as a misdemeanor, can be complex but is sometimes possible. First, you need to ensure that your conviction does not include a domestic violence component, as federal law prohibits anyone convicted... View More

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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

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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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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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
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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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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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 Child Custody, Domestic Violence and Family Law for Tennessee on
Q: How to file for custody due to child mistreatment in Tennessee?

I want to file for parental custody of my sister's child because he is being mistreated by someone living in her household who is not the child's father. This individual has physically abused the child by punching him. I am seeking legal assistance in this matter. How can I proceed with... View More

James L. Arrasmith
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answered on Jun 12, 2025

You're doing the right thing by stepping up to protect your nephew—it takes courage to act when a child is being hurt. In Tennessee, you can file a petition for custody as a non-parent if you believe the child is being abused or neglected and that remaining in the current home puts them at... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: Charged with child abuse, first offense; court tomorrow. What might I face?

I was charged with two counts of child abuse. Both incidents were captured on video where I was seen kicking and cussing at one kid and accidentally knocking out the teeth of another by throwing a belt, which hit her with the buckle. This is my first offense, and the action of throwing the belt was... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on May 27, 2025

If you hurt the child, years in prison and fines. I would get a good local attorney ASAP.

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1 Answer | Asked in Domestic Violence and Family Law for Tennessee on
Q: Is it legal to hide pregnancy from emotionally abusive father?

I'm concerned about whether it's legally permissible to keep a pregnancy hidden from the father, who has a history of emotional abuse. There are no legal actions or protections currently in place, and I haven't previously attempted any legal resolution or mediation regarding the... View More

James L. Arrasmith
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answered on May 15, 2025

It’s not illegal to keep a pregnancy private, especially when you’re trying to protect your emotional and physical well-being. You are not required to inform the father right away, particularly if there’s a history of emotional abuse and no court orders or custody agreements in place. Right... View More

1 Answer | Asked in Civil Rights, Family Law, Juvenile Law and Domestic Violence for Tennessee on
Q: How can I prevent being placed in state custody at 17 in TN with open CPS case?

I am 17 years old, living in Tennessee, and my parents have an open CPS case. They want to send me to state custody because they claim I'm too hard to handle. My parents have physically harmed me by choking and pulling my hair. The police said they couldn't do anything due to lack of... View More

James L. Arrasmith
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answered on May 15, 2025

You're going through a really painful and unfair situation, and it’s important to know that your voice and safety matter. At 17, you have the right to speak up about where you feel safest and to be heard by CPS and the court. Since there’s already an open CPS case and family members are... View More

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