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Tennessee Domestic Violence Questions & Answers
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
Anthony M. Avery
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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
Anthony M. Avery
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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.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: I own my own home and my ex won’t leave my property after I was arrested for domestic violence.

The night I was arrested for aggravated domestic she told the police she was packing her things and leaving and wasn’t coming back but once I bonded out of jail I went straight to rehab now my ex who doesn’t pay any bills nor has a lease with me (as I own my own home free and clear) has changed... View More

Anthony M. Avery
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answered on Mar 6, 2023

If you actually own the property, then file a Detainer Warrant in Sessions Court. Do not talk or argue with her about it. You may need an attorney, especially if she does not leave after your judgment for possession.

1 Answer | Asked in Domestic Violence and Libel & Slander for Tennessee on
Q: My boyfriend was charged with domestic assault I wrote a statement on him. how am I protected in tn from his retaliation

He is blaming me and saying he will make me pay. I feel like i am being blackmailed he knows all my life details. He could twist things around to harm me and my name what can I do to prevent this? surely the police encounter this a lot

Henry Ambrose
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answered on Mar 1, 2023

You can petition the court for a protective order so he cannot have contact with you. Without more details its hard to say if that is your best solution. You should call a lawyer where you live and ask for advice.

1 Answer | Asked in Domestic Violence, Family Law and Criminal Law for Tennessee on
Q: How does husbands drop domestic against me tn
Cayley Turrin
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Cayley Turrin
answered on Mar 1, 2023

They can let the prosecutor know but it is also up to the prosecutor whether to continue pressing charges.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: what if you are at your house and step out in the yard and they smell it and u go to jail because it's on your side.
Anthony M. Avery
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answered on Jan 23, 2023

Hire an attorney to prepare for a Preliminary Hearing. Do not get in more trouble.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: My boyfriend bonded out for hitting me and was already on probation for a different case diff charge will this b vilatio

Will this cause him to violate his probation in another county

Anthony M. Avery
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answered on Dec 19, 2022

Probably as only a violation, not a conviction, violates Probation/Bond Orders.

1 Answer | Asked in Family Law and Domestic Violence for Tennessee on
Q: How does the respondent pay for court costs in TCA-36-3-617 and what happens if they don’t pay
Bennett James Wills
Bennett James Wills
answered on Dec 14, 2022

Costs are paid to the clerk's office. Failure to pay could result in further penalties.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: My ex was arrested for dv after beating me. I was trying to leave. Finally got out. How am I protected now?

I have been getting beat and verbally abused for years by him. I was arrested 3 times because he called in as the abused and I was protecting myself from me extensive injury. My charges were dropped. I lived with him the whole time even though I was legally not allowed in his home. Until last... View More

Cayley Turrin
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Cayley Turrin
answered on Nov 17, 2022

I suggest hiring an attorney or getting one appointed to ensure that that does not happen.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: What does plea deadline hearing mean?

I was a victim of aggravated assault, the grand jury indicted him with two counts, one aggravated assault by strangulation the second aggravated assault with serious body injuries. I have not been going to all the hearings as I am terrified of seeing him.

I did have to testify and that was... View More

Anthony M. Avery
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answered on Nov 15, 2022

That is usually the deadline for Defendant to enter into an agreed upon guilty plea to a crime and an agreed Sentence. Otherwise a Trial Date is set.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: My children’s dad was sent to jail on my behalf It got over exaggerated is it good for me to explain the situation to da

He gotten charged with domestic (tiny scratch) & vandalism for breaking the phone he bought me. Should I speak with A DA or no ? I don’t want any chargers or anything done on him. What should I do to help with process ?

Anthony M. Avery
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answered on Nov 10, 2022

Domestic Assault is more serious than some Felonies. Defendant needs an attorney now. This is a public forum. Do not talk to anyone but his lawyer.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: My husband was arrested for domestic violence. He has 4 felony charges. The case had its first grand jury hearing Nov .

At the time of arrested he was in severe psychosis. This never happened before. He has schizophrenia. I don't know if that has been considered. But when we called.for help the day of the crime, law enforcement denied assistance to mental health crisis. 2 hours later it became a crime.... View More

Anthony M. Avery
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answered on Nov 7, 2022

Husband needs a competent attorney now. You all have not handled this correctly and have played into the domestic violence army's hand. Lawyer needs to prepare for a Preliminary Hearing, and you all need to not talk to anyone.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Tennessee on
Q: If someone is accused of choking their spouse, even if it's he said/she said, will that person automatically be arrested

After the choking incident, the very next night in fact, there was another incident. He was not arrested or held the mandated 8 hours. Is the police department negligent in this case?

Cayley Turrin
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Cayley Turrin
answered on Nov 4, 2022

Depends on a wide variety of factors. The hold is a mandatory 12 hours.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: If I'm not on the scene when the police show up how long do they have to arrest me on the charges?

BTW she filed them at the police station bc I have had no contact with her whatsoever and she is not allowed on my property but they came looking for me at my house.

Anthony M. Avery
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answered on Sep 26, 2022

Misdemeanors must be instituted within 1 year of the incident. Most Felonies must be initiated within various numbers of years.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: If me and my roommate got to fighting and they couldn’t determine who started it will the court file charges against me

I bite her and she made all my nails bleed because I had acrylics on but campus police couldn’t determine who started the fight so they took both of us to jail and we got charged with domestic violence this is my first offense of any kind with the police will the case get dismissed or will I... View More

Anthony M. Avery
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answered on Sep 14, 2022

Those are serious charges, worse than some Felonies. Hire an attorney to get it Diverted, Dismissed and Expunged. Jail is the least of your worries if you are convicted.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: if my boyfriend has a domestic assault charge and plead not guilty, does he serve time for it after bonding out.

he has priors but it was domestic violence and was exponged from his record.

Anthony M. Avery
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answered on Aug 29, 2022

If he is found not guilty, then no Sentence applies. That is a serious charge, worst than some felonies. He needs a competent attorney now.

1 Answer | Asked in Criminal Law, Family Law, Domestic Violence and Libel & Slander for Tennessee on
Q: My ex filed a bogus temporary protective order for “stalking” however I haven’t been served, will it just fall off?

She took our child and moved out of state for another guy. In desperate need of wanting a single bit of information or form of contact, I reached out to her family members, friends, and I emailed her as well. Yes we have exchanged mean argumentative emails however I just wanted to know the... View More

Cayley Turrin
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Cayley Turrin
answered on Jul 28, 2022

It won't fall off I highly suggest handling it.

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.

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