Tennessee Domestic Violence Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question

2
Details

3
Submit
1
Ask a Question

2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
56 legal questions have been posted about domestic violence by real users in Tennessee. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
Tennessee Domestic Violence Questions & Legal Answers
Do you have any Tennessee Domestic Violence questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 56 previously answered Tennessee Domestic Violence questions.

Recent Legal Answers

Domestic Violence Charge

Answered 5 years and 7 months ago by Aaron Gabriel Walsh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
Hire the best lawyer you can afford and don't confess on the internet. If your bond says you are not supposed to be speaking with her, don't. She can talk with DA but you surely cannot tell her to. That's witness tampering. 
Hire the best lawyer you can afford and don't confess on the internet. If your bond says you are not supposed to be speaking with her, don't. She can... Read More

Can you purchase a firearm with a domestic charge on your record

Answered 5 years and 8 months ago by Aaron Gabriel Walsh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
If your record contains a conviction for domestic violence you are barred for life under federal law from owning guns or ammo. The charge cannot be expunged.
If your record contains a conviction for domestic violence you are barred for life under federal law from owning guns or ammo. The charge cannot be... Read More

I tried to purchase a handgun in Tennessee and was delayed

Answered 5 years and 8 months ago by Aaron Gabriel Walsh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
You're going to have to see what comes back on the background check before anyone can tell you what to do. If you really had two charges that were simply dismissed, that should not prevent you from owning a weapon or ammunition. Once you see what shows on the record you can look at how to remove it. If you end up having a domestic violence conviction, you're not going be able to expunge that and you will be barred from owning guns or ammunition for a lifetime.... Read More
You're going to have to see what comes back on the background check before anyone can tell you what to do. If you really had two charges that were... Read More

I pled guilty and my case was dismissed after anger management. Does this count as a conviction?

Answered 5 years and 8 months ago by Aaron Gabriel Walsh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
It should not be on your record as a conviction. You should go to tbi.gov and pull a copy of your record. It also sounds lime your case was a misdemeanor. You should also contact your local election commission to confirm your voting status. It may be you can vote now.
It should not be on your record as a conviction. You should go to tbi.gov and pull a copy of your record. It also sounds lime your case was a... Read More
If you were charged but not convicted, you will have to apply for expungement. The State has the following info, with helpful links, etc.   https://www.tncourts.gov/expungements
If you were charged but not convicted, you will have to apply for expungement. The State has the following info, with helpful links,... Read More

I bought a cell phone and pay the monthly bill for my bf. Can I get a vandalism charge for breaking it? the officer said it was a gift.

Answered 5 years and 10 months ago by Aaron Gabriel Walsh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
(b) A person commits the offense of vandalism who knowingly: (1) Causes damage to or the destruction of any real or personal property of another or of the state, the United States, any county, city, or town knowing that the person does not have the owner's effective consent; Although I think it's a pretty crappy criminal case, and I think an officer with sense might have told your boyfriend to take it to civil court, paying the monthly service bill does not necessarily make that your property. If it was a gift, then it was his property and you can't damage it. I don't know if a jury would say it was a gift, and if I was the DA I would drop this crap ass case, but I can't speak for DA's or cops. ... Read More
(b) A person commits the offense of vandalism who knowingly: (1) Causes damage to or the destruction of any real or personal property of... Read More

Can you violate probation with having to report or any paperwork?

Answered 5 years and 11 months ago by Aaron Gabriel Walsh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
I am not 100% sure what the question is, sorry. I would say two arrests is two violations, no matter where. If both arrests were at a place you'd been clearly advised to not to, that is likely a failure to follow instructions violation.
I am not 100% sure what the question is, sorry. I would say two arrests is two violations, no matter where. If both arrests were at a place you'd... Read More

domestic fighting with boyfriend

Answered 5 years and 11 months ago by Aaron Gabriel Walsh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
That question calls for mind reading. What I'll say is the PO's I have personally known would violate him if they see a report where he caused you physical injuries during a fight. They would say that is, in no way, "good behavior." The "real world" may believe it's somehow or sometimes ok for arguments to be physical but the court world does not, period. It sounds like bf needs immediate anger management if not substance abuse counseling if he escapes prison. There's never a reason to put your hands on a woman. Never. Not one.... Read More
That question calls for mind reading. What I'll say is the PO's I have personally known would violate him if they see a report where he caused you... Read More
That aggravated domestic is a far bigger problem than your probation. The misdemeanor gets you what, 11-29? The felony gets years. Specifically, you can ask to hold off probation but they don't have to wait. Some will, but just being arrested is a violation. 
That aggravated domestic is a far bigger problem than your probation. The misdemeanor gets you what, 11-29? The felony gets years. Specifically, you... Read More

Can I put a stop to my sons stepmom starting trouble and turning my son against me

Answered 5 years and 11 months ago by Aaron Gabriel Walsh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
If the stepmom is slandering you, you could bring a suit for slander. You'd have to prove what she said, which can be tough because of hearsay law. That's the only option I see. Otherwise that's two adults having a conversation.
If the stepmom is slandering you, you could bring a suit for slander. You'd have to prove what she said, which can be tough because of hearsay law.... Read More
Take theft of property criminal warrant out against him.
Take theft of property criminal warrant out against him.

How can I get my husband out of jail? He was arrested when he brought me to the ER to look at my busted lip (from a heated argument)?

Answered 6 years and 2 months ago by Aaron Gabriel Walsh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Domestic Violence
I agree with the previous responding attorney. You can bond him out. You can tell the DA you don' t want him prosecuted, but that is not up to you. A domestic violence case is not you vs. him, it is the State of Tennessee vs him, and they can and will protect you even if you don't want it.   Now, at the practical level, if you are the State's only witness, and you are not cooperative, it may be they can never convict your husband, but you are a witness. As a victim, you are kind of a special type of witness under the law, but bottom law is you are a witness in the State's case.   I don't know if the criminal justice system is what you need, but heated arguments are not supposed to lead to busted lips. If that's how your relationship is, sooner or later he, you, or both are going to go to jail. You've alreay been to the hospital. As I said, maybe you don't need a prosecutor and a judge, but that has to change. The prosecutors have a job to protect citizens of Tennessee, you included. ... Read More
I agree with the previous responding attorney. You can bond him out. You can tell the DA you don' t want him prosecuted, but that is not up to you. A... Read More

What are the civil statute of limitations if you were shot when you were 17 years old

Answered 6 years and 2 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
One year from the date that the minor turns 18 is the statute of limitations
One year from the date that the minor turns 18 is the statute of limitations
Although you posted as anonymous, I think any lawyer's first advice will be to stop confessing to crimes on the Internet. Making a false police report is a crime, and so yes, you could go to jail for it.   having said that, my opinion, which perhaps is worth what you paid for it, is that any person you tell the story is going to think you told the truth at first, and you are now lying to protect your abuser.    ultimately, it is the state versus the defendant, it's not your case and so you cannot drop it. On a practical level, prosecuting a case where the victim changes their story to help the abuser is very difficult. You will almost definitely be threatened with arrest and prosecution if you tried to change your story, but in my personal experience police and prosecutors very rarely follow through with that threat. As I said, they will believe that you were abused, and they will not really want to lock up a victim.... Read More
Although you posted as anonymous, I think any lawyer's first advice will be to stop confessing to crimes on the Internet. Making a false police... Read More
To be charged with failure to appear, the State would need to show you were served. I'm not advising you to leave town while subject to an outstanding subpoena, but if you do, an attorney in your new town would be able to contact the prosecutor and most likely resolve the issue. I can only speak for myself, but I've had more than a couple prosecutors threaten to charge a DV victim who didn't come to court. I've never had one actually do it.... Read More
To be charged with failure to appear, the State would need to show you were served. I'm not advising you to leave town while subject to an... Read More

I want to have a domestic violence charge against my live -in fiancรฉ dropped and the order of protection.

Answered 6 years and 3 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
You will have to talk with the DA in order to get the charges dismissed.
You will have to talk with the DA in order to get the charges dismissed.
I don't know what evidence exists for the police report saying the alleged victim was hit multiple times in the head. I will say in any criminal case, the State has to prove their case. That sounds obvious, but if in fact there is no evidence to support the State's case, and there is evidence to support the defense alleged, it's possible to convince a jury.   That's a general answer. An experienced trial lawyer will have heard a jury say 'not guilty' enough times to tell you it is possible. The same truth is that juries often believe the version of police over the version of 'regular' people. A lot goes into trying a case, with dozens if not hundreds of facts and little pieces of evidence. The DA tries to build their puzzle out of the pieces, the defense tries to build theirs.   It sounds like the Court already heard a Motion to Dismiss an Order of Protection (which is completely separate from any criminal charge), and denied it. If that's correct, a new Motion would have to list new grounds. It's easy to confuse, but DA's don't represent alleged victims, so they don't have to do what 'victims' want. Every DA I've personally dealt with will tell you they have a 'no drop' policy on Domestic Violence. I will tell you that's not exactly true, but you often have to either force them to do it, or give them a legal 'out.' If a DA believes a victim told the truth initially, and is lying to get charges dismissed, they are not required to take the updated or new story. It may be hard for them to win a trial without a cooperative victim, but on the other hand lots of times along the way they can pick up a victim tampering charge. In other words, Domestic Violence goes away but client goes to jail for talking with the victim. Third party contact counts too, so someone's mama or whomever speaking to the victim 'for the defendant' can be a great way for defendant to pick up more charges.... Read More
I don't know what evidence exists for the police report saying the alleged victim was hit multiple times in the head. I will say in any criminal... Read More
You will need to talk with the District Attorneys Office and express your wishes to it.
You will need to talk with the District Attorneys Office and express your wishes to it.
Not sure what your question is.
Not sure what your question is.

law on false accusations

Answered 6 years and 8 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
The police obviously believe the wife and arrested the husband. If they didn't take his meds with them to jail, he didn't die, he got out and was okay, then nothing will happen.
The police obviously believe the wife and arrested the husband. If they didn't take his meds with them to jail, he didn't die, he got out and was... Read More
I would contact the office who sent you the letter about the subpoena and let them know that do not want to appear and do not want to prosecute. If push come to shove and you to do not show up, they could issue a warrant for your arrest.
I would contact the office who sent you the letter about the subpoena and let them know that do not want to appear and do not want to prosecute. If... Read More
Contact the court who issued the subpoena and informed the clerk of the situation.
Contact the court who issued the subpoena and informed the clerk of the situation.

Order of protection

Answered 6 years and 8 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
If it was a gift, then you can not be guilty of theft. If he is under an order of protection, then he is not allowed to have possession of any weapons so do not give it back to him.
If it was a gift, then you can not be guilty of theft. If he is under an order of protection, then he is not allowed to have possession of any... Read More

Can an aggregated assault charge in a domestic situation be reduced to prevent a felony or jail time for a fist time offender?

Answered 6 years and 10 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
Yes a felony charge can be reduced to a misdemeanor as part of the plea agreement.
Yes a felony charge can be reduced to a misdemeanor as part of the plea agreement.

I need help getting a domestic violence removed from my record it so call happing in 1995

Answered 6 years and 11 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
A domestic assault conviction can not be expunged.
A domestic assault conviction can not be expunged.