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answered on Mar 14, 2022
Many years of incarceration commensurate with the differences in C and A Felonies.
You have a husband and wife named Jon and Jane, and a boyfriend and girlfriend named Jack and Jill. Jon was previously married to Jill and they have one child together. Jon and Jack do not know each other except through Jill. Jon and Jack assault one another. Is that domestic assault? If so, how?... View More 
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answered on Mar 11, 2022
It should be charged as Assault or Aggravated Assault. But very often LEO's want to charge for the most serious misdemeanor there is, Domestic Assault. Anyone charged with that should demand a Preliminary Hearing, and if bound over, start looking for Diversion.
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answered on Mar 2, 2022
That is a very serious crime, and should be so defended against. Hire a competent attorney to turn you in in Court, and announce the name similarities. They will want to see and locate Dad and
Brother.
The state of TN picked up a domestic abuse case on him, regardless of my own testimony redeeming him innocent during our public verbal dispute in our residential
Community. Despite the initial arraignment, the trial has been put off twice now because of me not being sepenaed to go. Numerous... View More
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answered on Mar 2, 2022
You need to hire an attorney to tell you what the consequences are. This is a public forum, and it is always the State's case, not the victim's.
The daughter later decides to not prosecute the defendant (her mother), but once she gets to the court to waive prosecution she is informed that the State has picked up the charge for no other reason but cruel and unusual punishment.
If this legal in general sessions court of Tennessee?
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answered on Dec 27, 2021
It is always the State's Case, not the victim's. The Mother may get indicted, unless she has already plead guilty. The victim will be subpoenaed to the Grand Jury. If her allegations were false, she should hire an attorney for advice.
Didn’t want my relative going to jail and kids might have lied on her behalf scared for her to go or just plan evil and I’m a cna I can’t get a job with a assault charge showing will this show up was told it shows up now and still where I was arrested even if it was dismissed I’m really... View More
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answered on Dec 21, 2021
Hire a competent attorney. You will need to work out some type of Diversion, Dismissal and Expungement. Domestic Assault is worse than some Felonies. Do not get in any more trouble. Prepare for your Preliminary Hearing now.
I was in the shower and my husband was asleep when police arrived. They said they got a call for a welfare check. They noticed I had marks on my neck( spotty from shower). They questioned me and I tried to explain but they asked to speak to my daughter who is 5 and she started talking about us... View More
My daughter child father was arrested for domestic assault however he still have been sneaking picking her up an it's a no contact order on him he just got arrested again for another domestic assault what will happen if he was on probation for the same thing an supposed to no contact with her
answered on Dec 1, 2021
His probation will be violated so he will be facing the new charges plus the probation violation.
The supposed victim dropped all charges and I still got charged. My arrest warrants on both sets are wrong.
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answered on Nov 29, 2021
It is the State's Case, not the victim's. Prepare for the Preliminary Hearing as it may be a very serious charge. Hopefully it will be Dismissed in Court.
Ooooooooopooo
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answered on Oct 15, 2021
Hire a competent attorney to represent you. That charge is worse than many Felonies. Do not make any more statements on a public forum or to LEOs. Do not contact the alleged Victim in any manner. Hopefully it will be Dismissed or Diverted, then
Expunged.
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answered on Oct 13, 2021
That is not a per se ethical conflict. But if he has provided legal advice to you, then you want to ask him to recuse himself (and all information about you). I would be most worried about him using information he knows about you to collect a Judgment. The lawyer is treading on dangerous... View More
I have read in a plethora of places that in TN. they will not expunge a domestic assault charge. I just don’t want to spend unnecessary money on a lawyer if the outcome will stay the same either way. The only reason I would hire a lawyer and spend that money is if I thought they could get it... View More
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answered on Sep 7, 2021
That charge is worse than many felonies. Hire a cometent attorney today and do not plead guilty under any circumstances other than Diversion. DA Convictions cannot be
expunged and are guaranteed to destroy your life.
I live in Tennessee and I pled guilty to a misdemeanor Domestic Assault about five years ago. I was forced to sign a piece of paper stating that I must surrender all of my firearms and that I would never be able to own a firearm again. My question is this: I am getting married soon and my fiance... View More
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answered on Sep 3, 2021
Your future Wife does not lose her rights by marrying you. You should not touch the firearms nor ammunition, and it would be better for her to have a safe for most of it. I suspect she carries one or more firearms. I am sorry that you got talked into pleading to a crime worse than many... View More
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.
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answered on Aug 20, 2021
No. Once you transmit data into the air anyone can access it.
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
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... View More
He is in jail and has told them not to let me get it. Even though its mine! Bought while we were married too.
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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.
I was told by the officer he will be detained for 12 hours and then release
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... View More
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.
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answered on Aug 2, 2021
Obviously not.
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