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Tennessee Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Tennessee on
Q: My parents called the police on my boyfriend and he is now charged with domestic assault

He accidentally kicked me when going out the window to leave and get away from me. Is there anyway for me to drop this charge?

Cynthia A. Sherwood
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answered on Feb 1, 2021

In Tennessee, there is no way for you to drop the charge because it is the State of Tennessee that has brought the criminal charge against your boyfriend, not you. That being said, there are many things you can do to try to get the State to dismiss the charge against your boyfriend. You can... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: Would I have to sell my home that my father had bought me during the marriage

I left the home cause of treats of violence against me. He is demanding $20,000 to leave my house. What can I do. He has also told my children he would burn house down. We do not have any children together

Ross Matuszak
Ross Matuszak
answered on Jan 15, 2021

Thank you for your question. From what you said, it seems that you may be in danger. If you feel threatened or are actually threatened with physical violence, call the police immediately. It would also be a good idea to file an order of protection against your husband due to threats of violence and... View More

1 Answer | Asked in Domestic Violence for Tennessee on
Q: If a "victim" admits under oath that what she was accusing her ex of did not happen that she lied about it. Can he stil

Can he still be charged with those things? He has pending charges still even after she said that it didn't happen. Should those charges be dismissed?

Anthony M. Avery
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answered on Dec 3, 2020

Yes, it happens alot. I doubt any type of suppression motion exists, and if the SOL is met, then there are probably no dispositive pre-trial motions available. That becomes an issue at trial.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: My fiance was charged with domestic assault against me and is taking it to trial , if I dont show up will it be dropped

This happened in Gatlinburg, Tennessee , I already told prosecutors I dont want to prosecute her , she called the cops and they took her in

Anthony M. Avery
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answered on Oct 14, 2020

Possibly, but you might go to Jail for failure to obey a Subponea or giving a False Report. This is a public forum which does not allow frank discussion. Hire your own attorney for advice now.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Tennessee on
Q: Tennessee wants an original police report of a charge I sent a final disposition for from NY 10yrs+ ago for ccw permit

They want to verify that my misdemeanor charge isn't domestic assault or battery but it clearly States on the disposition that it isn't are they allowed because I feel like my rights for fire arms are being suppressed or neglected It's been more than the 60 days they say it takes I... View More

Anthony M. Avery
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answered on Sep 22, 2020

If necessary you will need to file an Action in General Sessions against the State. It is basically a Declaratory Judgment Action pursuant to Statute, and I believe you will need a competent attorney. This will need to be filed very soon.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Me n my boyfriend had argument bout year half go the law just now came to my house for him on domestic charges

He busted my car window out but it was cold that morning so it broke easy I was mad went to pd but we end up working thing out he paid for the window also he may have possible vop had bonds man call the jail see if he had bond they said no said he think there was 2 domestic violence charges and... View More

Anthony M. Avery
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answered on Sep 15, 2020

Boyfriend needs a competent attorney today. DA is worst than some felonies. He should not plead guilty under any condition except diversion.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: If the Grand Jury finds an assault charge unfounded, shouldn't the order of protection be dismissed also?
Anthony M. Avery
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answered on Sep 9, 2020

Not necessarily at all. The Grand Jury considers criminal cases under a different standard of proof required. Orders of Protection is a civil matter, and virtually no evidence is needed.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: Is it legal to arrest a victim for refusing to testify in a dv case?No subpoenas were served before a warrant was issued

Who would I contact near Crossville, Tennessee?

Anthony M. Avery
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answered on Aug 24, 2020

You did not say what Charge. But alleged victims are often charged with filing a false police report or 911 call. With no subpoena, I doubt that it was contempt of Court.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: My friend called the cops on her boyfriend for good reason and now he has a warrant and has been arrested Domestic

Assault Can she call her local police department and drop charges. And he be released?

Anthony M. Avery
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answered on Aug 18, 2020

No it is the State's Case. Domestic Assault is very serious, worse than many Felonies. He needs a lawyer and should not plead guilty under any circumstance except with Diversion.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Charges were filed for domestic assault July 20th. He was arrested. Court date is September 10th.

My daughter was abused for 2 years. Old scars from being whipped with a belt and scars on her legs from being beaten with a piece of wood. She has face damage that is being addressed. No one has contacted us since, a Domestic Violence Advocate was supposed to contact either me or my daughter, but... View More

Shanone Emmack
Shanone Emmack
answered on Aug 18, 2020

Nothing right now. Your daughter will need to appear on the court date as the main victim/witness. The domestic assault charge will hopefully be addressed on Sept 10th. If he pleas guilty he will likely be required to do jail time or probation and to stay away from your daughter. He will (... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: How can i be charged with felony aggravated assault in TN if there was no injury or property damage

She took off in my car and i did chase her in a my other car and argued but did not touch her or the vehicle.

Anthony M. Avery
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answered on Aug 17, 2020

Chasing in the other car can be considered using a deadly weapon, instilling fear in the alleged victim. You are charged with at least a Class C Felony. Hire a competent attorney to represent you. Do not plead guilty to any Felonies or Domestic Assault. This is a serious matter which might... View More

1 Answer | Asked in Domestic Violence for Tennessee on
Q: My boyfriend is being charged with domestic assault is there any way to get the charges dropped?
Anthony M. Avery
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answered on Aug 12, 2020

You did not say whether you were the victim or not. Whatever, it is the State's not the victim's case. Boyfriend needs a competent attorney. He should not plead guilty under any circumstances except with Diversion. This is a public forum, so my response is limited. If the lawyer... View More

1 Answer | Asked in Domestic Violence for Tennessee on
Q: My 17 years old when went to court a month ago for harassment and now we have to go to court for aggr. domestic assualt?
Anthony M. Avery
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answered on Aug 11, 2020

It appears that a Felony Warrant has been issued against him. He needs a lawyer today. I do not think he has represented himself well, and may be getting into more trouble. He should not plead guilty under any circumstances except with Diversion.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: I was charged with domestic assault twice in one week— with 2 different parties. Is it likely ill face jail time?
Anthony M. Avery
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answered on Aug 3, 2020

The misdemeanor Domestic Assault is worse than some felonies. And jail is certainly a possibility. But hire a competent attorney today. Quit talking about these charges to anyone, and stay out of trouble. It is possible to survive such a situation. Do not plead guilty unless with Diversion.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: If me and my spouse got into a fight and one person the woman ended up with a red busted blood vessel but I didn't hit

Can I be charged with abuse. Even if she don't wanna press charges

Anthony M. Avery
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answered on Jul 31, 2020

Yes.. Domestic Assault Charges are very easy to swear out by either the alleged victim or a LEO. It is a very difficult crime to defend against, and you will need a competent attorney. That Misdemeanor is worse than some Felonies. And it is the State's Case, not the victim's.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: On warrant states reckless endangerment,does that cover FELONY endangerment also? 39-13-103
Anthony M. Avery
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answered on Jul 30, 2020

Yes... That Statute includes both Felonies and Misdemeanors.

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Tennessee on
Q: How long can someone b held without a bond even after arraignment

Charges are said to b Agg. Assault, vandalism times 2, violation of order of protection, Arrest 2 prior times, no bond, jail does not have paperwork/warrants, circuit court only meets once a month, arrested this time on july 18th

Anthony M. Avery
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answered on Jul 27, 2020

The Defendant needs a real attorney. A written Motion To Set Bonds must be filed and argued. I suspect he has been charged again while being on Probation or out on Bond.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: I got a denial for a handgun carry permit for a Domestic Violence charge that tool place back in 1997 What can I do

I was offered Anger management and completed the class to stay out of jail

Anthony M. Avery
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answered on Jul 17, 2020

Apparently either you got convicted or it was dismissed and you failed to expunge it. You seem to think that it was only a charge, which would not be a firearm disability. Hire a competent attorney to find the Warrant, discover its disposition, and expunge it if it was dismissed. Then reapply... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Tennessee on
Q: Tn. Aggravated domestic assault. What happens if person doesn't show that was Allegedly assaulted

I was not read read my Miranda rights either does that fall into place in anything.Can give more details over phone.

Anthony M. Avery
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answered on Jul 14, 2020

If the alleged victim witness does not appear in Court, the Court might dismiss it or continue it. If the Case goes before the Gran Jury, an Indictment may or may not be returned. It is a class c felony. If you said something incriminating, it will be used against you unless you file a... View More

1 Answer | Asked in Domestic Violence for Tennessee on
Q: I need to know how long I have to get my belongings out of my old place after the order of protection was served?
Anthony M. Avery
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answered on Jul 14, 2020

You cannot go there right now. Sometimes the ex parte Order allows you to get a LEO to go with you, but if that is not in there, you cannot. At the Hearing, try to get the Judge to make such an Order within a day or two of the entry.

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