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Tennessee Domestic Violence Questions & Answers
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 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

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: If I have missed court due to not being provided summons or any notice of court dates how can I resolve w/o jail time?

Protection order violation. Arrested, was homeless due to this false allegation. When out of jail I was not provided a court date and never was sent a summons or information on my next court date. The protection order was dropped due no one showing in court. However the violation was picked up by... View More

Anthony M. Avery
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answered on Mar 27, 2024

Hire a TN attorney to take you to Court, probably off the Docket. If possible, get it dismissed.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: I had a pretrial deferment on a domestic abuse charge, after completing probation it was supposedly expunged.

Will it show up on a background check for K1visa?

Anthony M. Avery
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answered on Mar 19, 2024

It should have been expunged in the Court in which the charge was before. Call the Court Clerk and ask about your docket number. If not expunged, do it now.

3 Answers | Asked in Domestic Violence for Tennessee on
Q: I lied on my 18 year old boyfriend and accused him of domestic violence bc he was cheating I am 16 can I get arrested?
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answered on Mar 1, 2024

DA is a serious charge worst than some felonies. Boyfriend needs a good attorney who knows how to handle this case so it gets dismissed and you do not go to jail. He should not plead to anything short of diversion, and prepare for trial with you as the victim/witness.

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1 Answer | Asked in Domestic Violence for Tennessee on
Q: What are the repercussions of domestic violence /child abuse when victim is 2 months till they are 18 and they are not i

In danger from abuser. And can testify to tht themselves.

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answered on Feb 29, 2024

Not sure of what you are asking. I suggest the person charged with a crime hire an attorney as DA is worst than some felonies, for life. The victims need to keep their mouths shut . There are alot of bureaucrats and LEOs that make their living off this kind of thing.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: How can I get a domestic against my husband dropped and order of protection lifted
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answered on Feb 11, 2024

You will need to hire a TN attorney and let him guide you. This is a public forum.

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Tennessee on
Q: Can a guardian at litum force you to move in a domestic violence case??
Anthony M. Avery
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answered on Nov 30, 2023

No, but the GAL will report bad things about you to Court.

1 Answer | Asked in Criminal Law, Domestic Violence, Juvenile Law and Landlord - Tenant for Tennessee on
Q: Tn laws on tenant aiming a loaded gun at Property Owner's minor Son and his Mother
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answered on Nov 27, 2023

What is your question? It sounds like either an aggravated assault or justifiable self defense.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: I plead guilty to a misdemeanor domestic violence charge in 2017. Will I ever be able to purchase a firearm again in TN?
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answered on Nov 22, 2023

No...That misdemeanor is worst than some felonies. You might apply for a governor's pardon sometime. But consult with a competent attorney and learn of the many effective weapons legally available to you. Noone should ever plead guilty to that charge without diversion involved.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: Does new 100% sentence law in Tennessee effect people who have already been sentenced or can they still get parole

New law in Tennessee said some crimes have to serve 100% and not get parole now. Does this apply to someone already sentenced before new law ?

Anthony M. Avery
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answered on Oct 17, 2023

It is not retroactive. But charges initiated after its implementation will generate 100% to be served Sentences.

1 Answer | Asked in Family Law and Domestic Violence for Tennessee on
Q: I filed for a order of protection but can't go to court will I get in trouble

I filed it and want it dropped anyway

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answered on Oct 6, 2023

Go to the Court Clerk's Office and tell them you want to dismiss it. Do this before the hearing.

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

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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.

1 Answer | Asked in Domestic Violence and Criminal Law for Tennessee on
Q: I was previously charged with domestic violence but the case was dismissed can I still purchase firearms
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answered on Mar 16, 2023

If you are not convicted of DA or have any other firearm disabilities, then you can possess firearms. However that charge is probably on your record if not expunged. So you will fail a NCIC. Might want to expunge it.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: What is penalty for first time domestic violence in TN and no prior record and what penalty is interfering with 911 call
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answered on Mar 10, 2023

DA is a very serious crime, worse than some felonies. Hire an attorney. Do not plead guilty under any circumstances except Diversion. 11 mo/29 days, fine and no firearms ever.

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