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  1. #1
    Join Date
    Mar 2012
    Location
    Tennessee
    Posts
    1

    Unhappy Aggravated Assault Charge Against a Family Member With Two Prior Convictions

    My question relates to legal practice in the state of: Tennessee. My father-in-law was arrested for aggravated assault on my birthday yesterday after attacking my fiancé from behind. In the end thankfully my fiancé got control and ended the fight. The attacker calls the police trying to have my fiancé removed from the home and ended up having himself thrown in jail. The court magister is the decider on when he is allowed to come back to his house, but my biggest question is "realistically what is his charge looking like after having 2 previous aggravated assault charges? The last one involving the victims mother while she was pregnant with him. I want to proceed to have the order of protection on my entire family from the attacker, but we don't know where to really start.

  2. #2

    Default Re: Aggravated Assault Charge Against a Family Member With Two Prior Convictions

    If everyone resides in the same household (and minors of adults living in the household), then the court can issue an order on behalf of one petitioner, and everyone would be protected while at home. If there are multiple adults (and their children) involved, or the entire family does NOT reside together, they EACH need to seek their own order, which would be in effect no matter where they were.

    The best place to start is to contact your local domestic violence program - they will be able to walk you through your local process, tell you which forms you'll need, how to submit them to the court, how to get copies of relevant police reports and answer just about any questions you may have. Many of them have offices within the courthouse to assist with the process.

    Find your local program here: http://www.aardvarc.org/dv/states/tndv.shtml
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

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