Franklin Criminal Defense Legal Blog

To say that most Americans have some experience with domestic violence is likely an accurate statement. You might have been witness to physical altercations during your parents’ arguments, suffered at the hands of an abuser or had friends tell you about their abusive relationships. And, there is also the possibility that you face allegations of domestic abuse.

Regardless of your situation, it is crucial to consider that there are many reasons why such maltreatment occurs. Although alcohol has not been proven to be a reason for such activity, studies suggest there may be a relationship between alcohol and domestic abuse.

Historically, Thanksgiving is a time to gather with friends and family in gratitude for all we have. And whether we sip a Pinot Noir with the turkey, grab a few beers during the game or savor a fine whiskey while reminiscing about the past year, alcohol is often an active participant in the holiday celebration.

On average, people consume fewer alcoholic beverages on Thanksgiving than on other holidays. However, 15% of men and 11% of women binge drink, causing their blood alcohol concentration to rise. And more than 2% of women and 3% of men drink to the point where they black out. But what is it about holidays that leads to this increase in alcohol?

Whether you always enjoyed keggers or don't like drinking beer at all, you probably understand the seriousness of a driving under intoxication (DUI) charge. And if the police have ever pulled you over after just one drink, you know how scary it can be to see those flashing lights in your rearview mirror.

You might agree that there should be consequences for people who hurt someone while driving drunk. At the same time, you may have gotten behind the wheel while buzzed. However, while you understand the possible consequences a drunk driving charge can have on your life, can you imagine facing arrest when you haven't consumed any alcohol at all?

To get an Order of Protection, the process is relatively straightforward. The usual process is as follows:

• You fill out a Petition for Orders of Protection with the information that supports the request. You will need to swear under oath that these statements are truthful, so be clear in what you include in the petition.
• After the magistrate reviews your request, they will usually issue an ex parte Order of Protection, which is a temporary order that stops the other party from contacting you for any reason. Keep this order with you at all times.
• An ex parte hearing is then set (normally within 15 days).
• The accused will be served with a notice of the hearing. The police or sheriff will deliver it if you have a temporary protection order, since you will not want to be in touch with that party.

After all this happens, the hearing will take place. As the person who petitioned the court, you need to show that the respondent committed domestic abuse, stalking or sexual assault. You will have to convince the judge that your safety is at risk and that you need a longer Order of Protection moving forward.