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Tennessee Domestic Violence Questions & Answers
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

1 Answer | Asked in Constitutional Law and Domestic Violence for Tennessee on
Q: I pleaded guilty to a domestic violence charge 25 years ago in Tennessee,Why can’t I get my constitutional right back?

I would like to hunt and protect myself but I feel helpless.

Anthony M. Avery
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answered on Jan 31, 2023

Domestic Assault is worse than some Felonies, and you should have known that 25 years ago prior to pleading. I assume that conviction is on your NCIC. You may wish to examine the legal weapons you can possess. There are muzzleloaders that can kill an elephant.

2 Answers | Asked in Domestic Violence and Criminal Law for Tennessee on
Q: My husband was arrested for domestic assault for pushing me the ground while drunk after someone called the cops on him

After being released on bond, he immediately entered into a rehab program and will be back for the hearing. I’m not sure what happens since I’m not the one who called the cops. The big issue is alcohol and I would love for him to continue treatment. When sober, he doesn’t show any signs of... View More

Henry Ambrose
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answered on Jan 8, 2023

This is complicated. You should talk to a counselor who works with these kind of situations. If you don't have that available to you talk with a trusted responsible family member or friend. This is not to determine his innocence or guilt or punishment, but rather to determine if you want to... View More

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2 Answers | Asked in Domestic Violence and Criminal Law for Tennessee on
Q: My husband was arrested for domestic assault for pushing me the ground while drunk after someone called the cops on him

After being released on bond, he immediately entered into a rehab program and will be back for the hearing. I’m not sure what happens since I’m not the one who called the cops. The big issue is alcohol and I would love for him to continue treatment. When sober, he doesn’t show any signs of... View More

Brandon D. Fersten
Brandon D. Fersten
answered on Jan 11, 2023

Generally, the defense attorney will set the case for a preliminary hearing and the State will subpoena you as their witness at the hearing. However, before the hearing takes place, the ADA assigned to the case will be in negotiations with your husband's attorney. Your husband's attorney... View More

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1 Answer | Asked in Domestic Violence and Criminal Law for Tennessee on
Q: Can I get arrested for missing a status report hearing for misdemeanor domestic violence in erwin Tennessee
Brandon D. Fersten
Brandon D. Fersten
answered on Dec 29, 2022

Yes, you have an obligation to appear at every court date if you are a defendant in a case. It is imperative that you call your lawyer immediately to explain why you missed court so that your attorney can reach out to the ADA on your case to request they lift the attachment for your arrest that the... View More

1 Answer | Asked in Family Law, Domestic Violence and Criminal Law for Tennessee on
Q: I slapped my 20 yr son across the face during an argument and got charged with domestic assault X 2 for daughter too

Yet I never touched my 19 yr old daughter. Any advice?

Anthony M. Avery
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answered on Dec 12, 2022

Domestic Assault is a very serious offense, worse than some Felonies. Hire an attorney to prepare for a Preliminary Hearing. This is a public forum. Do not contact your Son under any circumstances. Diversion, Dismissal and Expungement should be sought if not Dismissed initially.

1 Answer | Asked in Domestic Violence and Criminal Law for Tennessee on
Q: With two victims of a crime, is restitution payed one at a time in the state of Tennessee or both receive monthly paymen

I was supposed to receive payment at a certain time only the other victim received payment

Anthony M. Avery
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answered on Nov 4, 2022

Call the Court Clerk and inquire as to what is going on. It does sound like they forgot you. Have the Docket Number and Defendant's name handy. You could also call the DA that prosecuted the Case.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: My husband got arrested for aggravated assault and I some of what I told the cops and wrote on statement were a lie

He should not be charged with aggravated assault I was mad and said things that weren’t true and wrote things on statement that wasn’t true. I want him out of jail and back with me

Anthony M. Avery
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answered on Oct 24, 2022

Hire an attorney to represent and advise you. Defendant definitely needs an attorney also. That is a serious charge with permanent consequences. Do not talk to anyone else about this, especially the State.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: What is the penalty for writing a statement on domestic violence that isn’t true ? Misdemeanor

Could it be that they charge with a felony although it’s in general sessions court

Anthony M. Avery
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answered on Jul 20, 2022

If anything happened, then it will not be a False Report. Defendant needs a lawyer to prepare for a thorough Preliminary Hearing. That Charge is serious and no guilty plea should be entered. 95% of all criminal charges start in Sessions, and if not disposed, are sent to the Grand Jury.

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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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.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: I was recently charged with domestic assault and vandalism under 1000. What is the typical Consequence for this?

I went to my exs house to pick up items that we had discussed me getting earlier in the week. He was mad that I came to get things he did not want me to take and when we walked onto his porch, he turned around and pushed me. I picked up the closest thing to me to protect myself and threw it,... View More

Anthony M. Avery
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answered on Aug 28, 2023

Hire a competent attorney now. DA is worst than some Felonies. A conviction will ruin your life. You need it Diverted, Dismissed and Expunged. Expect to make Restitution. Do not plead guilty under any condition than Diversion.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: I’m afraid a younger relative of mine will try to harm me at any cost. How can I get a restraining order easily? no OOP
T. Augustus Claus
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answered on Jul 7, 2023

To obtain a restraining order, you typically need to demonstrate that you have a reasonable fear for your safety or have been subjected to harassment or abuse.

1 Answer | Asked in Divorce and Domestic Violence for Tennessee on
Q: My husband and his family took all my jewels he even broke my berow and took silver,gold,cash worth 35 lakhs

He is jobless and took my jewels worth 35 lakh and has drinking habit and abuse me physically and mentally i am planning to divorce him he is jobless and doesn't cares home and daughter he not even pays fee and buys nothing to us he has one married sister he has a commercial house worth 1... View More

Anthony M. Avery
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answered on May 30, 2023

You should have called law enforcement. You might be able to file an Action To Recover Personal Property in General Sessions. Use TN terms only, not foreign. Otherwise you will need to file for a Divorce and have to prove grounds.

1 Answer | Asked in Domestic Violence and Libel & Slander for Tennessee on
Q: I have proof that a cousin and an ex have made false reports about me abusing my daughter.

This same cousin has encouraged people to contact DCS to have my child taken, get me fired and implied I am a child abuser. She has friends who work for government entities who denied me housing, sent her my mail, illegally hacked my phone, and made several other slanderous statements and defaming... View More

Anthony M. Avery
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answered on May 26, 2023

You might consider a Slander suit within 6 months of a slanderous falsehood which caused you damages. Possibly go to General Sessions Court.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: I moved out now my wife is threatening to have me arrested for domestic violence can she have me arrested for arguing

For arguing and leaving

Anthony M. Avery
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answered on Apr 19, 2023

It can happen. Domestic Assault is a serious crime. Be prepared to make Bond and hire an attorney. You may not want to talk to her again.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: If I am charged with a crime based soley from a statement of alledged victim, then recants, what should I do
Anthony M. Avery
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answered on Mar 27, 2023

Hire an attorney to prepare for a Preliminary Hearing. If Indicted, then you will need the attorney to make Discovery and try it.

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