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Tennessee Domestic Violence Questions & Answers
1 Answer | Asked in Child Custody and Domestic Violence for Tennessee on
Q: I am married with two children, can I move from Tennessee back to Missouri with my children?

There is no current court ordered custody plan in place. My husband is mentally, emotionally and verbally abusive and controlling. I need to get out. My family is back in Kansas City mo so I have a safe place to go I just need to know if it’s legal? If it’s possible? Can I file for temporary... View More

Bennett James Wills
Bennett James Wills
answered on Jun 18, 2018

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.

2 Answers | Asked in Domestic Violence, Immigration Law and Criminal Law for Tennessee on
Q: Domestic violence effect citizenship

Me and my wait had an argument and her son called police and i spend the day in the jail and got out next day and after 6 month i went back to the cour and the judge told me the case will end like it has nothing coz it was first time and they followed through 6 monthes everything was fine now im... View More

Carl Shusterman
Carl Shusterman
answered on Jun 17, 2018

A criminal conviction for domestic violation is a deportation offense. Show your documents to an experienced immigration attorney before you apply for citizenship.

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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Tennessee on
Q: Will dhr give me my child back after I've completed my court ordered classes? My next court date is in 6 months.

A policeman called dhr on me due to domestic violence in my home regarding my ex boyfriend. This was the third incident that led to them getting involved. I don't use drugs and my child wasn't harmed. How long is the whole process once dhr becomes involved, and how long will it be before... View More

Kimberly K. Schreiber
Kimberly K. Schreiber
answered on May 23, 2018

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... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
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?

It was all because I wanted to move to be with my fiancee

Don Himmelberg
Don Himmelberg
answered on Apr 3, 2018

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.

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Tennessee on
Q: Can the states DA issue a "criminal summons" document in lue of an indictment on Tennessee when bound over to Grand Jury

Arrest Date: March 10, 2017. Charge: Domestic Assault / Stop, freeze, frisk. Court Dates: 9x throughout 2017, "victim" never showing in court, DA offering plea of guilty on domestic, stop/freeze/frisk will be dismissed. Defendant: Refused to plea. DA" offered plea of guilty to... View More

Don Himmelberg
Don Himmelberg
answered on Mar 21, 2018

If you are concerned that any of your rights are being violated, including the right to a fair and speedy trial, consider contacting an attorney to review your options

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Should I drop the order of protection?

My husband and I got into a spat and I filed an order of protection aganist him and he is facing 3-6 years in prison and I just want him to get help for anger problems. Should I drop the order of protection before we go back to court so that way it looks like we are working things out and the court... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Mar 17, 2018

I am not sure that is a legal question.

1 Answer | Asked in Criminal Law, Family Law, Domestic Violence and Juvenile Law for Tennessee on
Q: What do you tell the judge if your son pulls a gun on you he is 15

15 year old son pulls a knife first then a gun on dad and tells him he will kill him then the only way to get out the situation is to defend yourself by punching the teen and then he dropped the gun so now your being charged with abuse/neglect

Marjorie A Bristol
Marjorie A Bristol
answered on Mar 14, 2018

You shouldn't tell the judge anything. You should have an attorney do the talking. You need to hire an attorney as soon as possible or ask that one be appointed to represent you.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: Me and my stepdad got into a fight. Can he prosecute 3 weeks later
Anthony M. Avery
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answered on Mar 12, 2018

Yes, he can request a Misdemeanor Warrant issue for your arrest within one year of the incident. He could also request a Felony charge to be implemented against you within one to about six years.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: Girlfriend made false statement on domestic violence charge have witnesses to prove she hit me and I didn't

How do I not go to jail for warrant when she hit me but put a warrant out for my arrest

Anthony M. Avery
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answered on Feb 19, 2018

Hire a competent attorney now. Do not have any contact with the girlfriend. You need to have a good disposition of the case, or demand a Preliminary Hearing at the General Sessions level. Domestic Assault in Tennessee is commensurate with a felony, and will destroy your life. Do not... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: If you are accused of agrevated demestic assault and person says you pointed a gun at them but you didnt what can

And when police arrived no weapon was found what can the judge do

Marjorie A Bristol
Marjorie A Bristol
answered on Feb 13, 2018

You can still be found guilty even though no weapon was found. Your best bet is to hire an attorney to represent you.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Tennessee on
Q: My niece was taken by child Pro. My sister told CM she does not want her brothers[me] to take custody. How can I fight

She had Ran away from her husband that they claimed sexually abused my niece and she filed a report. She ended up going back with our warning about him and losing her child to CP services but went back anyway and ofcuarse Child protection took my niece. My sister had told case management that my... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Feb 7, 2018

You can file your own petition. DCS is only allow to place with a relative if a parent agrees, but the Court can place with you if the judge chooses. You should consult an attorney to help you with the proces.

1 Answer | Asked in Child Custody and Domestic Violence for Tennessee on
Q: Hi! I have custody of my 8 year son but his father has visitation every other Saturday (court order) he came home

And told me he got a whopping by his dad with a belt leaving his butt all bruise and purple. What can I do to stop him from going!?

Marjorie A Bristol
Marjorie A Bristol
answered on Feb 6, 2018

First, call DCS to report abuse. Second, take pictures of the abuse. Then, call a lawyer. You need to file a petition to stop him from going for visits if there is a court order for the visits.

1 Answer | Asked in Domestic Violence and Family Law for Tennessee on
Q: What would the visitation plan be like for a 1 year old in TN? (Order of protection) & do they allow overnight visits?
Marjorie A Bristol
Marjorie A Bristol
answered on Jan 29, 2018

It depends on the circumstances. Where will the visits occur? Does the child have special needs? Are there concerns about risk of violence to the child?

1 Answer | Asked in Domestic Violence and Family Law for Tennessee on
Q: I have an order of protection against my husband but my daughter is not on it. He wants overnight visitation.

He is taking me to court for it. My daughter is only 1 year old & shes not used to being around him or his family, they were never around. What visitation plan would the judge give him ?

Marjorie A Bristol
Marjorie A Bristol
answered on Jan 26, 2018

You should hire an attorney to help you figure out how best to protect your child. The judge can order any amount of visitation he or she thinks is in the child's best interest.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: how do get out dcs at 18 if your a jj

how do get out dcs at 18 if your a jj

Marjorie A Bristol
Marjorie A Bristol
answered on Jan 26, 2018

You can ask the court to release you if you have completed your treatment program. Otherwise, the court can keep you until you are 19. You should consult an attorney who is familiar with juvenile justice matters to review all of the facts in your case and advise you regarding your legal options.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: If i was to be found guilty of child neglect and abuse in weakly co what is the punishment
Marjorie A Bristol
Marjorie A Bristol
answered on Jan 15, 2018

I hope that you have a lawyer representing you in this. Your best bet is to ask him or her. They will know all of the facts of the case. As far as the law goes, it depends on how old the child is and if you are the parent. It is either a Class A misdemeanor or a Class D felony. Then how long... View More

1 Answer | Asked in Domestic Violence for Tennessee on
Q: My child’s father just got arrested for a domestic assault and i don’t want him to do jail time. What should i do?
Marjorie A Bristol
Marjorie A Bristol
answered on Jan 3, 2018

It may be out of your hands. The district attorney can prosecute the case whether you want him to or not. However, the DA will need proof to make his case in court. I recommend that you get an order of protection and stay away from him. Failure to protect you and your child from domestic... View More

1 Answer | Asked in Domestic Violence and Family Law for Tennessee on
Q: 17-year-old committing domestic abuse?

My 17-year-old brother is physically abusive toward our much younger (10-14 yo) siblings and threatens/intimidates me (22 yo woman) with violence if I intervene. He's also emotionally abusive toward our mother, intimidating her with threats to beat his siblings or, more rarely, her. He... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 30, 2017

Yes, it can. I recommend that you also seek counselling and other mental health treatment for him.

1 Answer | Asked in Domestic Violence and Criminal Law for Tennessee on
Q: The state is pressing charges on my husband and I do not want to. If I don't show up Will they drop the charges?
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Dec 20, 2017

It's not automatic, the final decision will be up to the Court/Judge. In some situations, the D.A. will ask for the case to be postponed ( they might assume that you have been threatened by someone to make you not come to court). If the case is postponed, they could get a court order to... View More

1 Answer | Asked in Domestic Violence and Family Law for Tennessee on
Q: Can my husband have visitation with court order against him?

We have a hearing soon and I want to know if he can still get visitation. He has a drinking problem and will not get help.

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Oct 31, 2017

If you convince the judge that the drinking problem is severe, the judge can order that the father's parenting time be supervised. The judge is supposed to do what's best for the CHILD, so not allowing the child to see their father is extreme, but there are many factors to consider and... View More

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