Domestic Assault has its Consequences!

Domestic assault is often a serious charge arising out of dramatic or tragic events with a family member or someone you have a relationship with. A conviction can be devastating to your freedoms, relationships, and reputation. T.C.A. 39-13-111 sets out the definition for a "domestic assault victim." “domestic abuse victim” means any person who falls within the following categories: Adults or minors who are current or former spouses; Adults or minors who live together or who have … [Read more...]

Dont be reckless in Tennessee particularly with a weapon!

In Tennessee, there is a criminal statute that applies broadly to the protection of others and the general public at large. There are two classes of this charge being a misdemeanor and a felony. If you conduct your in a manner that "places or may place another person in imminent danger of death or serious bodily injury," then you are in violation of T.C.A. 39-13-103. There is an endless array of conduct that could be subject to what constitutes reckless conduct. Very often there is a fine … [Read more...]

Do not resist or evade arrest by officer in Tennessee even if arrest is unlawful

It is not wise to resist or evade arrest in Tennessee as it only adds to the potential consequences of the other attendant charges. TCA 39-16-602 applies to resisting arrest, search, halt, or frisk. The officer is going to proceed with the arrest if he finds probable cause and it is futile to add to your charges by protesting the arrest physically. Simply pulling away while attempting to apply hand cuffs can be deemed a resistance. There are remedies for a false arrest through a civil court … [Read more...]

Assault on an officer or first responder in Tennessee

If you assault an officer or first responder in Tennessee then you can face serious consequences such as large fines and a jail sentence. T.C.A. 39-13-116 is the applicable statute pertaining to this offense and sets out the language prescribing the mandatory fine of $5,000.00 and minimum 30 day jail sentence. It is important to recognize that these are the minimums and a court has discretion to apply a larger sentence. A person commits assault against a first responder, who is discharging … [Read more...]

Dependency and Neglect Petitions in Tennessee

Petition for Dependency and Neglect in Tennessee There are unfortunate circumstances surrounding minor children that may require their removal from custodial parents or guardians.  Any party with knowledge of the facts or the Tennessee Department of Children’s services may petition a juvenile court where which the minor children are residents or are located at time of filing the petition.  In Tennessee, the Juvenile Court will have exclusive original jurisdiction in proceedings in which a … [Read more...]

Involuntary Termination of Parental Rights in Tennessee

In Tennessee, a parent has a fundamental right to the care and custody of his or her own child.  However, these rights are not absolute.  However, T.C.A. 36-1-113(g) sets out those circumstances in which the State’s interest in the welfare of a child justifies interference with a parent’s constitutional rights.  A petition for termination of parental rights by guardians or interest parties must must prove the existence of at least one of the statutory grounds for termination listed in statute.  … [Read more...]

What constitutes a material change of circumstances in Tennessee?

Parenting time in Tennessee is established in a permanent parenting plan entered by the court setting out the number of days allotted to each parent with one parent designated primary residential parent.  The parenting plan also sets out decision making responsibility and other terms prescribed for each parent to adhere to.  If a parent seeks to modify the parenting plan, he or she must prove by a preponderance of the evidence that there has been a "substantial and material change of … [Read more...]

Court’s power to limit or prohibit visitation-parenting time in Tennessee

After a hearing or trial adjudicating which parent is to be deemed primary residential parent with majority parenting time or such other amount of appropriate parenting time, the court is required to set out a visitation schedule for the other parent.  More specifically, T.C.A. 36-6-301, "the court shall, upon request of the non-custodial parent, grant such rights of visitation as will enable the child and the non-custodial parent to maintain a parent-child relationship unless the court finds, … [Read more...]

Affirmative defense to adultery in Tennessee

Upon drafting of a complaint for divorce, a party must assert a certain fault as grounds.  There a number of grounds for fault enumerated in the statute.  A common ground for fault in a divorce action is adultery.  This is often asserted where a spouse is seeking alimony or seeks to have the cheating spouse adjudicated as having committed adultery.  Upon service of the summons and complaint alleging adultery, the defendant spouse must admit or deny the allegation and assert an affirmative … [Read more...]

Child custody factors in divorce proceedings in Tennessee

In a complaint for divorce filed in Tennessee where a party is seeking full custody of their children, the court's determination is based on the "best interest" of the children.  Several years ago, the term custody was changed in favor of "parenting time" to diffuse the conflict between parents.  The custodial parent having majority "parenting time" is deemed the "primary residential parent."  Parenting time was the preferred term over full custody as parents can agree to any arrangement where … [Read more...]

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We handle personal injury, bankruptcy, divorce, immigration, workers compensation, and social security claims from all across Middle Tennessee, including Music City, Murfreesboro, Franklin, Brentwood, Clarksville, Columbia, Spring Hill, Manchester, McMinnville, Hendersonville, Gallatin, Springfield, Dickson, Fairview, Lebanon, Mount Juliet, Columbia, Shelbyville, Cookeville, Lavergne and Antioch, as well as the counties of Davidson, Williamson, Rutherford, Montgomery, Robertson, Maury, Wilson, Sumner, Cheatham, Dickson, Hickman, Giles, Smith, Trousdale, and Macon.