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Tennessee Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Tennessee on
Q: Does watching someone’s social media “stories” violate a restraining order?

I have a restraint order against an ex. He doesn’t contact me directly, but he frequently watches my stories on social media. Is that in violation of the order? It shows me that he watches every single one.

Anthony M. Avery
Anthony M. Avery answered on Aug 20, 2021

No. Once you transmit data into the air anyone can access it.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Tennessee on
Q: If I move my daughter and I out of fear for our safety when her dad has not established paternity, is there a way

For him to file for joint custody? He is currently in jail due to an FTA and we go to court next week for an order of protection. He is on probation for a domestic abuse charge that happened last October

Denania Galloway
Denania Galloway answered on Aug 18, 2021

Yes you can definitely move. In TN, there is a presumption that a child born out of wedlock is the mother's unless paternity has been established. However, he can file something in Juvenile Court seeking paternity. To provide a better individualized response to your daughter's... Read more »

1 Answer | Asked in Divorce, Child Custody and Domestic Violence for Tennessee on
Q: Husband put vehicles in only his name vehicle is in shop can the shop not give it to Me

He is in jail and has told them not to let me get it. Even though its mine! Bought while we were married too.

Anthony M. Avery
Anthony M. Avery answered on Aug 16, 2021

If the vehicle is titled in the Husband's name, then it is his property not yours. No Homestead nor Next of Kin situation applies here.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: The domestic assault was caught on the ring cam if i dont want to show up for court will change be dropped

I was told by the officer he will be detained for 12 hours and then release

William Jaksa
William Jaksa answered on Aug 9, 2021

Very jurisdiction has its own rules/protocols on how to proceed with domestics violence allegations with reluctant victims. The prosecutor would want to be sure that you were not being threatened or pressured not to show up for court; and they will likely try and determine if they can make the... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: What happens when you go to court as the victim of domestic aggravated assault (strangulation)? Is it pended to a trial?
Cayley Turrin
Cayley Turrin answered on Aug 2, 2021

The district attorney's office will talk with you. Sometimes victims will prefer hiring their own attorney to represent their view and what they would like to do as well.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Friend is being charged by the state for domestic assault after the cops have been called twice to the same house.

A friend is being charged for domestic assault for cops showing up at a house twice when she wasn't there by the state.

She has an arrest warrant and is being threatened by her parents that if she doesn't turn herself in, her stepfather won't drop the charges after she is in... Read more »

Denania Galloway
Denania Galloway answered on Jul 21, 2021

This would be a criminal law issue. However, the friend should definitely turn herself in. Also, have friend to get in contact with a bail bondsmen.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: I have been subpoenaed in Tennessee as a witness to a DV hearing via mail. What happens if I don't show?

x.

Anthony M. Avery
Anthony M. Avery answered on Jul 7, 2021

This is a public forum. Consult with an attorney where you are.

1 Answer | Asked in Domestic Violence, Criminal Law and Sexual Harassment for Tennessee on
Q: If somebody knows daughter get molested multiple times and hasn’t done anything what can victim’s mother be charged with

Her mother has known about the interactions and has done nothing she invites older men over She put drugs in her daughters mouth she takes naked pictures of her daughter and she hasn’t done anything about her daughter get molested

Bennett James Wills
Bennett James Wills answered on Jun 3, 2021

The mother could be charged with multiple crimes. Reporting abuse can be anonymous and should be reported to the Tennessee Department of Children's Services immediately at 877-237-0004. https://www.tn.gov/dcs/program-areas/child-safety/reporting/hotline-faq.html

1 Answer | Asked in Domestic Violence for Tennessee on
Q: My ex took out a restraining order against me and perjured my address so I wouldnt be in court on the date.

I wasnt in court so I dont know what happened. I was never served. I texted her and I hear she filed for a violation of the order against me. What do I do? This isnt fair if its true.

Anthony M. Avery
Anthony M. Avery answered on May 17, 2021

Hire an attorney. He can look at the file, then file a Response and request a Hearing. By yourself you will be arrested and will not be able to effectively represent yourself.

1 Answer | Asked in Divorce and Domestic Violence for Tennessee on
Q: Can my wife put a restraining order on me using her Maiden name? We have not filed for divorce
Anthony M. Avery
Anthony M. Avery answered on May 5, 2021

I am afraid facts and law are not as important in an Order of Protection as other civil actions. If it is brought up, the Judge will simply amend the Petition on the spot. Have no contact with her and hire a competent attorney to represent you prior to the first (and often the only) hearing.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: If someone is arrested for domestic assault, can the victim bail them out even if they are the ones to call the cops?

If not, what are the consequences of that?

Anthony M. Avery
Anthony M. Avery answered on Apr 29, 2021

Yes, it happens alot. However it is usually a violation of Bond Conditions and/or an Order of Protection for the Defendant to have contact with the alleged Victim, so the Victim must make the Bond without contact with the Defendant. The DA will not be happy with his witness.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: A false allegation of inappropriate touching was made and a polygraph is being requested is there a way to dismiss this?

My teen step-daughter has a history of bad behavior and being unruly. During a recent counseling session, she accused me of touching her while giving her a hug last June. CPS is involved and I'm now being asked to take a polygraph. Since the incident, she has been sent to stay with her... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 27, 2021

I recommend you keep your mouth shut and do not post anything else online. Hire a competent attorney today to counsel you on your possible criminal charges and how to conduct yourself during this DCS and/or LEO investigation. Again do not talk to anyone about this and have no contact with the... Read more »

1 Answer | Asked in Domestic Violence and Family Law for Tennessee on
Q: If I was subpoenaed for a domestic violence case, me being the victim, is there anyway I can not testify?

.

Anthony M. Avery
Anthony M. Avery answered on Apr 27, 2021

This is a public forum. Hire a competent attorney to consult with. It sounds like there is already a criminal charge.

2 Answers | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: If I was arrested for domestic battery but got a misdemeanor charge how does that affect my gun rights
Anthony M. Avery
Anthony M. Avery answered on Apr 6, 2021

The Charge is probably Domestic Assault. A conviction means you cannot touch a firearm or ammunition. Without fail hire a competent attorney to get the Charge Diverted, Dismissed and Expunged. The end result is what counts, not whether you are guilty or not.

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1 Answer | Asked in Domestic Violence for Tennessee on
Q: My fiancé and I had a fight. Someone called the police on us because he pushed me and was trying to protect himself.

I hit him first so I told the police and they took me to jail. I was there for 12 hours and I got charged with domestic violence. It’s my first time. We want to do peaceful contact. The problem is that I wasn’t supposed to text him call him or see him at all but i didnt understand that at the... Read more »

Ross Matuszak
Ross Matuszak answered on Mar 29, 2021

First, you absolutely need to STOP POSTING FACTS ABOUT YOUR PENDING CRIMINAL CASE and contact an attorney. You are making admissions that can get you in very serious trouble. An attorney can help advise you on future communication issues, file a motion to alter your bond conditions and get a court... Read more »

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Can I file a police report on domestic violence without filing charges?

I took pictures a hour after it happened and the day after. Its been a week since the incident and most of its healed or just about healed but there is a evident scar under my eyebrow

Ross Matuszak
Ross Matuszak answered on Mar 15, 2021

Thank you for your question. To answer it simply, if you file a police report to report a crime, it is not your decision whether to charge the case or not. That decision lies with the State. However, if you are adamant with the police that you do not want to press charges and just want to report... Read more »

1 Answer | Asked in Divorce and Domestic Violence for Tennessee on
Q: I need to know where to start with filing for divorce. We were married in Mississippi but he is now living in Virginia

I’m living in Tennessee now

Ross Matuszak
Ross Matuszak answered on Mar 5, 2021

Thank you for your question. Jurisdiction is tricky, especially when time passes and spouses move to different states.

I cannot speak to Mississippi or Virginia law, as I am not licensed in those states. However, if you have been a resident of Tennessee for more than 6 months, you may be...
Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: is there any way to have an assult charge removed if it is the only charge EVER and was 10 years ago?

i was only ordered to pay $200 and 3 days of community service. for pushing someone away from me...and now have a Domestic Assault charge on my record....

Anthony M. Avery
Anthony M. Avery answered on Mar 4, 2021

That charge is worse than some felonies. You need to check with the Court Clerk and examine the actual Warrant. Look at the Disposition by the Judge. If it is a conviction, it will be permanent. If it was dismissed, expunge it. Good Luck !!!

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1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: My boyfriend was arrested on Aggravated Domestic Assault against me. If I skip court will he be released from jail?

My boyfriend of 9 months was arrested and I am the alleged victim. We were fighting that night but I didn'tcall the police. My mom called them after I called her for a ride. She hates my bf. I was on the balcony fuming after our fight and he says when I stood on the side of the chair looking... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 24, 2021

It will not be that easy for the charges to be dropped. And they are very serious. He needs a competent attorney today, and you do not need to communicate with him in any way. You may need your own attorney if you are not careful. Without proof the State's Case will be dismissed. But... Read more »

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