Category Archives: grounds for divorce

Orders of Protection

An Order of Protection is a civil action but it can have criminal repercussions if violated.  Orders of Protection can be issued between those persons who have lived together, had sex, are related, had dated or other such close relationship.  Orders of Protection can be issued when there is a real or immediate threat of harm to the complainant’s person or property.

Typical examples justifying the issuance of an Order of Protection are threats to burn the complainant’s car, threats of physical violence – especially when there is a history of domestic violence, actual physical violence, and threats against the complainant’s children and or pets.

Orders of Protection may be issued in one of two ways.  First, the complainant (the Petitioner), completes a form requesting an Order of Protection and submits it under oath to the magistrate.  If the magistrate finds probable cause, an ex parte Temporary Order of Protection is issued.  This temporary order lasts usually for no more than fifteen days.  The order becomes effective when the other party (the Respondent) is notified of the order by the Sheriff’s Office.  During this time, the Respondent must not contact the Petitioner either directly or indirectly through others and must stay away from the Petitioner.  If the parties were sharing a home, the Respondent may contact the police department to arrange for a time to collect her or his personal belongings from the home.  A formal hearing is scheduled and both parties may attend to present their side of what occurred between the parties.  A judge then decides to extend the Order of Protection or to dismiss it.

If at any time while the Order of Protection is in effect and is violated by the Respondent, the Respondent is subject to immediate arrest.

An Order of Protection may also be issued when both parties appear before a judge or magistrate. For non-married parties, this starts at the General Sessions Court level.  This is typically to establish whether by preponderance of the evidence the Petitioner can prove that the Respondent has done something that would merit the issuance of the Order of Protection.

If you believe you need an Order of Protection, please do not hesitate to act.  Your safety is paramount.

The Rushton Law Firm, PLLC offers both Orders of Protection prosecution and defense services.  Please contact us today to learn more about our services and how we can assist you in prosecuting an Order of Protection or defending yourself from a wrongfully issued Order of Protection.

To view an Order of Protection application, please click this link.

https://www.tncourts.gov/programs/self-help-center/forms/order-protection-forms

 

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Filed under Family Law, grounds for divorce, Litigation

Divorce – Need help navigating the dark path ahead?

lwsm_dark-path_1994-test_159If you are contemplating a divorce in Tennessee or already in the process, the road may be a rough one appearing to be filled with perilous pitfalls. Every divorce situation is different and many are quickly and amicably resolved. These are typically referred to as “uncontested divorces.”  Sometimes things work out well and everyone leaves the marriage satisfied that they have worked things out amicably.  However, some divorces are riddled with animosity, feuding and strife from day one. This is something that is very difficult to predict because of the nature of divorce.  Many times an “uncontested” divorce quickly becomes contested and the parties find themselves in a living nightmare!

As attorneys at The Rushton Law Firm, PLLC, we handle both types of divorces, contested and uncontested.  We focus a large part of our practice on handling divorces in Nashville, Tennessee and surrounding areas. That means we deal with divorce situations every day and are knowledgeable in this area of the law. We understand that divorce can be a very difficult time in your life.  Divorce can be a bit of an emotional roller coaster and those emotions can hamper moving forward or even damage your case, depending upon how you act upon those emotions. That is why it is of utmost importance to retain an attorney to represent you in your divorce.

Our law firm focuses on divorce matters. We zealously advocate for our clients rights in every aspect of your case.  We also walk hand in hand with you through the process so you do not have to go it alone.  It can be a scary time in your life and you need someone that cares enough to help. When you retain The Rushton Law Firm, PLLC you hire a team of professional attorneys that are here to help you navigate the dark path that is before you. You also get an team of advocates that are on your side, representing your best interests and working to make sure you are protected during your divorce. Each and every phase of the divorce process is crucial to the final outcome of your case. Do you want to risk your future?  Of course not!  That is why you should hire a team that cares about your case, is knowledgeable of divorce law and fights for your rights from day one!   That’s why you should call The Rushton Law Firm, PLLC.

We offer FREE consultations to discuss your case and help guide you through the process. Call us now at (615)576-0071 or (615)815-9967. We are available during regular business hours and even after regular hours to help. We understand that life doesn’t just happen between the hours of 8:00 AM and 5:00 PM and we will take time to answer your after hours calls and give you sound advice.

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Harold E. Rushton, Esq. is a Nashville, Tennessee based Divorce, Separation and Criminal Defense Attorney serving Davidson, Williamson, Rutherford, Dickson and Wilson Counties.  Call The Rushton Law Firm, PLLC  Phone:  (615)576-0071 or (615)815-9967

Call today for a FREE consultation (615)576-0071 or (615)576-0071

Email: Harold@TheRushtonLawFirm.com or Leigh@TheRushtonLawFirm.com

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Filed under Family Law, grounds for divorce