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Clarksville Legal Blog

Responding to domestic violence situations

Criminal charges, allegations and accusations associated with domestic violence are unquestionably serious. Family violence concerns should not be taken lightly and neither should domestic assault charges, allegations and accusations of domestic violence. Penalties for domestic violence can be significant and are generally the same as those for other assault charges but also include the possibility that the accused individual can lose their right to own or possess a firearm.

As a result, allegations and criminal charges related to domestic violence can have a significant impact on the career and employment opportunities of the accused individual as well as other potential negative consequences as well. Potential penalties can include possible fines or the possible loss of freedom, as well as an impact on the accused individual's living situation and family.

Important ruling in Tennessee for same-sex parents

It is important for same-sex couples in Tennessee and elsewhere to understand their rights and the resources the family law process provides to them. A judge in Tennessee recently ruled that same-sex couples have the same rights as heterosexual couples to children born through artificial insemination. Four lesbian couples in Tennessee brought the lawsuit. Each of the four couples is expecting a child conceived using a sperm donor; the first child is expected in September. A recent United States Supreme Court lawsuit also ruled in favor of same-sex parental rights.

Same-sex family law can be a complex area of the law with significant importance for couples and families. Families come together and grow in a variety of ways which sometimes includes in vitro fertilization or adoption and it is important for families to understand the legal implications of these exciting life steps but also how to protect their families. The family law system provides resources to help them do just that.

Tennessee man faces aggravated assault and other charges

Criminal charges should be met with a strong criminal defense response. In a Tennessee community east of the Montgomery area, a man was recently arrested for aggravated assault as well as other crimes. The man was charged with aggravated assault, reckless endangerment and possession of a firearm by a convicted felon. The man allegedly fired shots inside and home and more shots outside of the home.

The arrest followed neighbors calling about shots fired in the house. The 37-year old man was found outside when police arrived and his girlfriend was found crying in a closet in the house. The woman reported that she was awakened by the man pulling her hair which led to an argument. According to authorities, they found weapons and ammunition in the home.

The family law system provides resources for same-sex couples

Along with the recognition of same-sex marriages throughout the country comes the need for same-sex couples to address the same considerations as heterosexual couples related to divorce and divorce-related issues. Same-sex couples who are married and wishing to divorce will need to utilize the family law process when they are seeking to separate or divorce. The family law process can help them with their divorce-related concerns.

The family law system can help same-sex couples address the divorce-related issues and concerns they may need help with. Divorce-related issues including property division; division of assets and debts; child support and child custody; and spousal support can all be addressed through the family law process. Family law resources can help divorcing couples resolve divorce-related concerns in a manner that is best for the divorcing couple's family and circumstances.

Domestic violence case against Tennessee athlete dismissed

Just because you have been charged with domestic violence or assault, doesn't mean that you will face conviction, or even a trial. Charges were recently dropped against Tennessee wideout Josh Smith after an alleged domestic violence incident at his home, which he shared with two friends. We often think of domestic violence involving dating or married couples, but the law is based on proximity between the two parties, not just relationship. In this case, the parties were roommates who got into an altercation after a night of drinking.

One of Smith's roommates went to the bathroom and Smith forced his way into the room out of concern. Many details are unclear, but the roommate apparently pushed Smith and they began fighting. The parties' third roommate entered the room and refused to leave. As a result, the three men ended up in a scuffle. Smith admitted to kicking the first roommate in the face when trying to stop the other two from fighting. Smith then called his parents for help once he saw the severity of the first roommate's injuries. Smith's parents drove the first roommate to the hospital and Smith's brother drove Smith. Smith was later charged with domestic assault.

Possible defenses for assault and battery

If you have been accused of physically injuring someone or attempting to injure them, you may face assault or battery charges. Being charged with a violent crime is serious and could lead to long-term consequences. Many Tennessee residents convicted of these criminal charges face years in prison.

Fortunately, the criminal justice system is based on a presumption of innocence. This means that the prosecution has the difficult task of proving your guilt beyond a reasonable doubt to get you convicted. If they fail to do that, your charges will likely be dropped. While it is the prosecution's job to prove that you committed the crime in question, a solid criminal defense strategy can play a huge part in whether the prosecution is successful in proving your guilt.

After lengthy court battle, divorce granted for lesbian couple

After a hard-fought divorce and custody battle, a Tennessee lesbian couple has finally been granted a divorce and a split custody arrangement to care for their child. The judge on the case changed his mind after originally ruling that one of the women had no parental rights to the child, who was conceived via artificial insemination, as she does not legally qualify as a "husband." This case will likely have a major impact on same sex family law issues in Tennessee.

When the couple first filed for divorce, Tennessee legislators tried to intervene, insisting they needed to preserve their ability to protect domestic policy. These lawmakers were represented by the Family Action Council of Tennessee, or "FACT," believing that marriage can only be between one man and one woman.

How can I file for Chapter 7 bankruptcy?

If you are overwhelmed by debt and cannot seem to find a way to repay it, there are ways for you to have your debts forgiven in Tennessee. Under Chapter 7 bankruptcy, many of your unsecured debts will be discharged, including credit card, personal loan and medical debt. You will get to keep exempt property, but the rest of it will be liquidated.

To qualify for Chapter 7 bankruptcy, you cannot have filed for Chapter 7 bankruptcy within the past eight years or filed for Chapter 13 bankruptcy within the past six years. If you have mostly consumer debts, you must pass a means test to show that your income is low enough to file.

Defending against false accusations of domestic violence

Every day, men and women all across the nation are subjected to domestic violence. It is easy to assume that a person charged with domestic violence committed a crime. However, this is not always the case. Some people will falsely accuse their loved ones of domestic violence during an argument or to get back at them for something they did. Unfortunately, even the mere accusation of domestic violence can negatively impact someone's life. Domestic violence charges can damage your reputation in the community and make it difficult to get a job.

The legal penalties of a domestic violence conviction in Tennessee are similar to other assault convictions, in that you may face fines and jailtime. However, domestic violence charges carry additional penalties that other misdemeanor charges don't have.

Defending against assault and battery charges in Tennessee

Facing criminal charges can be overwhelming no matter what the accusations are. However, assault and battery charges can result in some of the most serious consequences, including long-term jail sentences. Being charged with a crime does not mean that you will be convicted. You could avoid conviction and serious penalties by utilizing a solid criminal defense to protect yourself.

In assault and battery cases, self-defense is one of the most common defenses used by defendants. Self-defense basically says that you assaulted someone else based on the belief that your life was in danger. Establishing self-defense requires you to show that you were facing a threat of illegal force or harm and that you were fearful of harm. The fear of harm must be reasonable in that a reasonable person in similar circumstances would also experience the same fear. In order to use self-defense, you must not have harmed or provoked the person you attacked. You must also show that you did not have any reasonable method of escaping the situation without self-defense. You may also use force to protect others from harm if you reasonably believed that they were in danger.

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Mathis, Bates & Klinghard PLLC
412 Franklin Street
Clarksville, TN 37040

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