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OOP violation and assault charge

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TNgirlie

Junior Member
What is the name of your state (only U.S. law)? TN

I am going to court for my first appearance since I was arrested 2 months ago for violating an order of protection (I admit this) and assault (I deny this) and in TN, if a supposed assault occurs under an order of protection violation, it's an automatic felony C. My husband and I are in the midst of the beginning of a very contested divorce and it's obvious he's alledging these charges to get a leg up in a hotly contested custody dispute. I can't afford another lawyer, as my divorce attorney is quite expensive. He is saying I punched him AFTER he called the cops on me coming to the house to discuss the divorce (he agreed at first, then decided to call the cops once I got there and noticed some marital items missing from the home), however there were no marks and I did not touch him, but they slapped the charge on me anyway... So now, I'm having to go to court without an attorney to see what they want to offer. Is there anything I can do to try and fight this charge myself, or do you think this charge will actually stick with no witnesses, no marks and just he said/she said? Thanks!
 


FlyingRon

Senior Member
You should not have violated the OOP. It is no longer a discretionary thing on the two of your parts.

You do not need to have struck him to have committed assault.





(a) A person commits assault who:
(1) Intentionally, knowingly or recklessly causes bodily injury to another;
(2) Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or
(3) Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.​
 

TNgirlie

Junior Member
You should not have violated the OOP. It is no longer a discretionary thing on the two of your parts.

You do not need to have struck him to have committed assault.





(a) A person commits assault who:
(1) Intentionally, knowingly or recklessly causes bodily injury to another;
(2) Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or
(3) Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.​
I know I should not have violated the OOP, I am willing to take my punishment for that, however the basis for the assault charge is that I struck him. And I don't know how you prove a2. I mean come on, if you're going through a divorce where you clearly haven't a leg to stand on, you can say anything to anyone to get a leg up... Including saying "I fear her"... My whole family fears him, should they all press charges for assault against him?
 

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