Franklin Criminal Defense Legal Blog

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.

Tennessee's Highway Patrol routinely cracks down on drunk driving around the holidays. Usually, this means that officers field sobriety checkpoints and pay extra attention to suspicious driving. But this extra attention can sometimes lead officers to make DUI arrests against people who aren't even drunk.

How is this possible? There are several factors at play because Tennessee's definition of DUI isn't based solely on your BAC. Instead, you can be charged with a DUI if your BAC is .08 percent or higher or if you use a vehicle while "under the influence" of alcohol or other drugs.

When you think of criminal offenses, crime shows or heinous acts you saw reported on the news might come to mind. You may even think of those involved as “criminals,” rather than people who are facing allegations.

However, with the new laws that took effect in Tennessee, criminal charges might entail much more than you think. In some cases, you could face a misdemeanor for using your phone.

When you are involved in an emotionally-heated situation with someone close to you, your anger could cause you to act irrationally. And in some cases, if you and an ex are upset with each other, any variety of allegations could result.

According to recent news reports, a contestant from the Miss Hooters Tennessee pageant faces charges of vandalism and aggravated burglary for allegedly destroying her ex-boyfriend’s house after he broke up with her. However, while you might be familiar with the allegations she faces, you may wonder whether you fully understand the state’s vandalism laws.